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HomeMy WebLinkAbout38676-010410 - 39123-051611 I I I 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38676-010410. A RESOLUTION paying tribute to Delegate William H. Fralin, Jr., and expressing to him the appreciation of the City and its citizens for his exemplary public service. WHEREAS, Delegate William H. Fralin, Jr., will retire from the Virginia House of Delegates at the conclusion of his current term in January 2010, after serving the 1 ih District, which includes part of the City of Roanoke, Roanoke County, and Botetourt County, since 2004; WHEREAS, Delegate Fralin has served as a member of the Courts of Justice, Transportation, Education, General Laws, and the Privileges and Elections Committees, and he has chaired Education and Privileges and Elections Subcommittees; he also served as Chairman of the Virginia Commission on Youth, working to benefit children and their educational and social development across the Commonwealth; WHEREAS, Delegate Fralin has been an advocate of school safety, Internet safety, foster care and child custody relinquishment reform, and legislation to protect religious freedom in our schools, and he has received high ratings from groups such as the Family Foundation and the Virginia Society for Human Life; WHEREAS, Delegate Fralin worked hard to represent the interests of the citizens of the Roanoke Valley, and it was important to him to represent properly the people he served, putting the needs of the citizens above all other interests; WHEREAS, Delegate Fralin has successfully patroned measures that will improve our ability to fight domestic violence, develop our inner cities, protect and create railroad jobs, provide incentives for energy efficient buildings, improve highway safety, including protecting our transportation funding, and improve school safety and our judicial system; and WHEREAS, Delegate Fralin has served on the boards of a wide variety of State and community organizations. 2 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered over the past five years by Delegate Fralin to the City of Roanoke. . 2. The City Clerk is directed to forward an attested copy of this Resolution to Delegate William H. Fralin, Jr. APPROVED ATTEST: ~m.~0Y0 Stephanie M. Moon, CMC City Clerk g~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38677-010410. A RESOLUTION authorizing acceptance of the 2010 Virginia Department of Fire Programs (VDFP) Training Mini Grant made to the City of Roanoke by the Commonwealth's Fire Programs Fund, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth's Fire Programs Fund, the 2010 Virginia Department of Fire Programs (VDFP) Training Mini Grant in the amount of $6,758.00, with no local match, for training purposes, such grant being more particularly described in the letter of the City Manager to Council dated January 4, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the pty, any documents setting forth the conditions of the grant in a form approved by the City Attorney. I I I I I I 3 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth's Fire Programs Fund in connection with the acceptance of the foregoing grant. APPROVED ATTEST: ~hl. h[()~ Stephanie M. Moon, CMC City Clerk . David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38678-010410. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs for the purchase of Fire-EMS Training Center Burn Building 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 Expendable Equipment Revenues Burn Building Equipment FY10 35-520-3347-2035 $6,758.00 35-520-3347-3347 6,758.00 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: ~ I?? r:;oa;rJ Stephanie M. Moon, CMC City Clerk S)~ David A. Bowers Mayor 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 4th day of January, 2010. No. 38679-010410. AN ORDINANCE to transfer existing funding from the Federal government's American Reinvestment and Recovery Act (ARRA) between units of the Workforce Investment Act (WIA), 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 WIA FY09 Youth In School-Contract 35-R09-0946-8057 $(64,267.00) Svcs ARRA WIA FY09 Youth Out of School-Contr 35-R09-0947-8057 64,267.00 Svcs 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: ~177. rr;OIMJ Stephanie M. Moon, CMC City Clerk SY~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38680-010410. A RESOLUTION accepting the Homeland Security Pet Sheltering Project Grant to the City from the 2007 State Homeland Security Program, the National Preparedness Directorate and the United States Department of Homeland Security, and authorizing I execution of any required documentation on behalf of the City. I I I 5 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Homeland Security Pet Sheltering Project Grant offered by the 2007 State Homeland Security Program, the National Preparedness Directorate and the United States Department of Homeland Security in the amount of $20,000.00, with no local match, to be used for the purchase of a trailer and necessary equipment and supplies to support pet shelter operations, as more particularly described in the letter of the City Manager to Council, dated January 4, 2010. 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 City's acceptance of the foregoing grant. APPROVED ATTEST: ~In. ':JCl0>0 Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38681-010410. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Emergency Management for the purchase of a mobile trailer and pet sheltering equipment and supplies, 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: 6 Appropriations Expendable Equipment Vehicular Equipment Revenues Pet Sheltering Trailer & Equipment FY10 35-520-3533-2035 35-520-3533-9010 $11,500.00 8,500.00 I 35-520-3533-3533 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: ~ fn rY)UaN Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 4th day of January, 2010. No. 38682-010410. A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the general obligation public improvement bonds authorized for issuance under Resolution No. 38582-090809 adopted by the Council on September 8,2009. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Findinas and Determinations. The City Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) On September 8, 2009, the Council adopted Resolution No. 38582- 090809 authorizing the City to contract a debt and to issue general obligation public improvement bonds of the City in the principal amount of $13,945,000.00 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire I respective amount so set forth, the difference may be applied to any of the other purposes so set forth: I I I Purpose Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements 7 Amount $ 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 (b) Subsequent to the adoption of Resolution 38582-090809, the Council has determined that (i) the amount of $2,190,000.00 authorized for Parks and Recreation is no longer required for such purpose and (ii) it would be desirable and in the best interest of the City to reallocate such amount of $2,190,000.00 heretofore authorized for Parks and Recreation to the Roanoke River Flood Reduction Project, thereby increasing the amount authorized by Resolution No. 38582-090809 for such purpose to $3,645,000.00. SECTION 2. Reallocation of Amounts Set Forth in Resolution No. 38582-090809. (a) The Council hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of the Roanoke River Flood Reduction Project $2,190,000.00 of the amount set forth in Resolution No.3 8582-090809 for Parks and Recreation. (b) After the reallocation effected pursuant to Section 2(a) hereof, the purposes and the amounts of the general obligation public improvement bonds of the City in the principal amount of $13,945,000.00 authorized for issuance under Resolution No. 38582-090809 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of Various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall requir~ less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements Amount $ 2,500,000.00 3,645,000.00 4,550,000.00 1,200,000.00 . 1,050,000.00 1,000,000.00 $13,945,000.00 8 SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon its I adoption. APPROVED ATTEST: ~Ih. i'OloovJ Stephanie M. Moon, CMC I City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38683-010410. AN ORDINANCE appropriating funding to be provided by the Series 2010 Bonds to the Roanoke River Flood Reduction Project and transferring residual General Revenue funds from the Civic Center Event Traffic Management project to the same I Roanoke River Flood Reduction 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 Series 2010 Bonds Appropriated from General Revenue Washington Park Pool Improvements 08-510-9620-9003 08-510-9620-9302 08-530-9814-9003 08-620-9702-9328 $131,629.00 2,190,000.00 (131,629.00) (2,190,000.00) I I I I 9 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~J/). ~OM Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38684-010410. A RESOLUTION designating certain additional projects 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 Development 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 an initial amount of $1,602,000.00 have been allocated for issuance for use in the City of Roanoke within a designated Recovery Zone, and more RZEDBs may be allotted; WHEREAS, the City has designated a Recovery Zone for RZEDB purposes; and WHEREAS, the Director of Finance has recommended that certain projects in addition to the Roanoke River Flood Reduction Project be approved as the recipient of funding financed by the RZEDBs to be issued in the City, as described in the Director of Finance's report to Council dated January 4, 2010. 10 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it I hereby designates in addition to 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 those certain projects described in the Director of Finance's report to Council dated January 4, 2010. APPROVED ATTEST: ~rn.MlXW Stephanie M. Moon, CMd City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38685-010410. I 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. WHEREAS, the American Recovery and Reinvestment Act of 2009 (ARRA) authorizes the issuance of Recovery Zone Economic Development 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 an initial amount of $1,602,000.00 have been allocated for issuance for use in the City of Roanoke within a designated Recovery Zone, and more may be allocated; 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, the Director of Finance has recommended in a report to Council dated January 4, 2010, that the entire City be designated as a Recovery Zone for the issuance of RZEDBs. I I I I 11 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby finds that the entire City 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, for the issuance of RZEDBs. . APPROVED ATTEST: ~ rh. 'YYjOliYV Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38686-010410. A RESOLUTION approving and ranking certain projects for 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 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 an initial amount of $2,403,000.00 have been allocated for issuance for use in the City of Roanoke within a designated Recovery Zone and more RZFBs may be allocated; WHEREAS, the City has designated a Recovery Zone for RZFB purposes; and WHEREAS, as recommended by a Selection Committee, the Director of Finance has recommended that certain projects be approved for the issuance of RZFBs to be issued in the City as further described, set out, and ranked in the Director of Finance's report to Council dated January 4, 2010; 12 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it I hereby approves the projects for the issuance of Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment Act of 2009 as further described, set out, and ranked in the Director of Finance's report to Council dated January 4, 2010. APPROVED ATTEST: ~ ht. Y"YifJlJvJ Stephanie M. Moon, CMC City Clerk ~c;!9?~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38687-010410. WHEREAS, the Economic Development Authority of the City of Roanoke, I Virginia (the "Authority") has considered the application of Market Street Partners LLC, P.O. Box 1371, Roanoke, Virginia 24011, (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000.00 but not to exceed $5,500,000.00 (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of Billy's RestaurantfThe Rowland Hotel, 10 Market Street S. E. and 102 Market Street S. E., Mixed use development with full service restaurant on 1st floor, meeting and conference space on 2nd floor and commercial space (possibly hotel) on other floors (the "Project"), and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the City Council of the City of Roanoke, (the "Council") approve the financing and refinancing of the Project and the issuance of the Bonds, and such approval is required'for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: I I I I 13 1 . The Council approves the financing and refinancing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing and refinancing of the Project. The Council concurs with the resolution adopted by the Authority on January 4, 2010 with respect to the Bonds and the Project. Such approval and concurrence shall be effective or are issued thereafter. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither /the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision / thereof, including the City of Roanoke and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City or Roanoke and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. APPROVED ATTEST: ~rh.i}y~ Stephanie M. Moon, CMC City Clerk :;J<-Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38688-010410. WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") has considered the application of 611 Jefferson, LLC, 26 Kirk AvenLie, Roanoke, Virginia 24011 (the "Borrower") requesting the issuance of one or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000.00 but not to exceed $12,000,000.00 to finance and/or refinance the cost of the Project (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of Patrick Henry, 611 South Jefferson St., Roanoke, Virginia 24011, Renovation of the 160,000 sq. ft. Patrick Henry Hotel for mixed use; lower level Class A commercial space, food and beverage retail, public special event space, and residential component of 100 apartments and maybe a hotel (the "Project"), and the Authority has held a public hearing thereon; and 14 WHEREAS, it has been requested that the City Council of the City of Roanoke, I (the "Council") approve the financing and refinancing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the financing and refinancing of the Project and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing and refinancing of the Project. The Council concurs with. the resolution adopted by the Authority on January 4, 2010 with respect to the Bonds and the Project. Such approval and concurrence shall be effective or are issued thereafter. 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the City of Roanoke and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the I revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City or Roanoke and the Authority, shall be pledged thereto. 3. This Resolution shall take effect immediately upon its adoption. APPROVED ATTEST: ~ hl-y>\l)~ Stephanie M. Moon, CMC "- City Clerk ~~ Mayor I I I I 15 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of January, 2010. No. 38689-010410. WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") has considered the application of Fairlawn at Jefferson, LLC, 2703 Richelieu Avenue, S.W., Roanoke, Virginia 24014, (the "Borrower") requesting the issuance of on.e or more of the Authority's revenue bonds or notes in an amount now estimated at $2,403,000.00 but not to exceed $11,500,000.00 (the "Bonds") to assist the Borrower in financing and/or refinance the acquisition, construction and equipping of certain facilities consisting of The Boxley Residences, 416 South Jefferson Street, Roanoke, Virginia 24011, Renovation of an 8 - floor 40,000 square foot commercial/residential condominiums. Top 6 or 7 floors will be luxury residential condos with upscale commercial or retail on the 18\ possible 2nd floor (the "Project"), and the Authority has held a public hearing thereon; and WHEREAS, it has been requested that the City Council of the City of Roanoke, (the "Council") approve the financing and refinancing of the Project and the issuance of the Bonds, and such approval is required for compliance with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the financing and refinancing of the Project :and the issuance of the Bonds by the Authority for the benefit of the Borrower, as required by said Section 147(f), to permit the Authority to assist in the financing and refinancing of the Project. The Council concurs with the resolution adopted by the ~uthority on January 4, 2010 with respect to the Bonds and the Project. Such approval and concurrence shall be effective or are issued thereafter. . 2. The approval of the issuance of the Bonds, as required by said Section 147(f), does not constitute an endorsement of the Bonds, the creditworthiness of the Borrower or the economic viability of the Project. The Bonds shall provide that neither the Commonwealth of Virginia (the "Commonwealth") nor any political subdivision thereof, including the City of Roanoke and the Authority, shall be obligated to pay the principal of or interest on the Bonds or other costs incident thereto except from the revenues and receipts pledged therefor and that neither the faith or credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the City or Roanoke and the Authority, shall be pledged thereto. 16 APPROVED I 3. This Resolution shall take effect immediately upon its adoption. ATTEST: ~ Ih. m\)\)yV Stephanie M. Moon, CMC l City Clerk -SD~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38690-011910. A RESOLUTION paying tribute to the Kiwanis Club of Roanoke, recognizing ninety years of service to the Roanoke Valley. WHEREAS the Kiwanis Club of Roanoke was chartered ninety years ago, in I January of 1920, with 118 members; WHEREAS with its motto 'We Build," Kiwanis has a well-deserved reputation as an organization that can respond quickly and fairly to requests for help, tapping into the resources, knowledge, energy, and compassion of its members to serve the unmet needs of children, youth, and the elderly; WHEREAS the group has donated generously to the community, for example raising approximately $40,000.00 per event in recent years from the annual Kiwanis Pancake and Auction Day, with another $20,000.00 a year from the Kiwanis Foundation; WHEREAS the Kiwanis Club of Roanoke has provided funding, volunteer hours, and leadership to support a wide range of' causes, from academic scholarships, Key Clubs for high schools, Builder's Clubs for middle schools, and the West End Center's Tutorial Program, to children's immunization programs, Girl Scouts, Boy Scouts, and CHIP, to the League of Older Americans' Meals on Wheels program, the Adult Care Center, and environmental projects such as the Lick Run Greenway; I I I I 17 WHEREAS the club has always attracted members from different walks of life and varied backgrounds, thus encouraging better understanding across political and_ cultural divides; WHEREAS th~s very diverse group comprised of elected officials, businesspersons, administrators, professionals, bankers, educators, and others comes together with the singular purpose of serving the needs of those less fortunate; WHEREAS Roanoke's club has forged valuable connections with other Kiwanis clubs across the nation and the world by participating in inter-club activities, attending international conventions and hosting visits from international students, and by appointing members to serve in leadership roles in district and international offices; and WHEREAS the Kiwanis Club of Roanoke has achieved recognition as one of the oldest, largest, and most successful Kiwanis Clubs in the world. 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 Kiwanis Club of Roanoke for ninety years of service to the Roanoke Valley. 2. The City Clerk is directed to forward an attested copy of this resolution to the Kiwanis Club of Roanoke Board of Directors" Ken Briggs, President. APPROVED ATTEST: ~Yh.n-;t>>n) Stephanie M. Moon, CMC City Clerk '9~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38691-011910. AN ORDINANCE changing the polling place for Precinct #008 Jefferson #2 from the National Guard Armory, 32 Reserve Avenue, S. W., to the Roanoke City School Maintenance Building, 250 Reserve Avenue, S. W.; and dispensing with the second reading by title of this ordinance. 18 WHEREAS, the National Guard Armory, 32 ReserVe Avenue, S. W., is the I regular polling place for Precinct #008 Jefferson #2; WHEREAS, the Armory will be demolished in early 2010; WHEREAS, by Resolution dated January 6, 2010, the Roanoke City Electoral Board has recommended the emergency relocation of the polling place for Precinct #008 Jefferson #2 to the Roanoke City School Maintenance Building, 250 Reserve Avenue, S. 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.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Precinct #008 Jefferson #2 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; 2. The City Clerk is directed to forw.ard attested copies of this ordinance to Lavern L. Grigsby, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Jefferson #2 Precinct #008, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 3. Pursuant to the provisions of S.ection 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 1;~fY7. ~()d'rJ Stephanie M. Moon, CMC City Clerk S;JQ~ David A. Bowers Mayor I I I I 19 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38692-011910. A' RESOLUTION approving an amendment to City Council's policy for the transfer of real property from custody and control of the School Board to the City, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1 . Council endorses and approves the amendments to City Council's policy currently entitled "Release of Real Property From Educational Uses" dated September 9, 1985, as proposed to be amended and renamed "Use of City Owned Property by School Board" dated January 19, 2010, as recommended in a report to Council dated January 19, 2010, from Council Member Gwen Mason in order to provide for the orderly transfer of real property from the custody and control of the School Board of the City of Roanoke to the City, and to provide for the return to the School Board of proceeds from the disposition or use of property dedicated to school use. 2. The City Clerk is directed to transmit an attested copy of this resolution to the School Board of the City of Roanoke and to the School Superintendent.: ,'," ~ 3. The amended policy referred to above shall take effect upon its approval by the School Board. APPROVED ATTEST: ~ht. rY)OOYV Stephanie M. Moon, CMC { City Clerk ~~Vi A. Bowers Mayor 20 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of January, 2010. No. 38693-011910. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $48,667.00, with a local match of $48,667.00, making a total funding of $97,334.00, to be used to purchase nine new powerlift stretchers, as more particularly described in the letter of the City Manager to Council, dated January 19, 2010. 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 I 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.m~/JY0 Stephanie M. Moon, CMC I City Clerk 9"DaVid A. Bowers Mayor I I I I -21 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38694-011910. 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 Fund Appropriations, and dispensing with the 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 Other Equipment Revenues RSAF Stretchers-State FY10 RSAF Stretchers-Local FY10 35-520-3700-9015 $ 97,334.00 35-520-3700-3700 48,667.00 35-520-3700-3701 48,667.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ fh. ~()vrJ Stephanie M. Moon, CMC City Clerk <:JI2~ David A. Bowers Mayor - i 22 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of January, 2010. No. 38695-011910. 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 $40,581.00, is to be awarded jointly between the City of Roanoke and the County of Roanoke, with a match of $1,054.00 from the City of Roanoke, together with general funds of $2,255.00, and $596.00 from Total Action Against Poverty and $605.00 from the Conflict Resolution Center, making total funding in the amount of $45,091.00, as set forth in the City Manager's letter, dated January 19, 2010, 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. I 3. The City Manager, or the City Manager's 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: ~ m.lI7bt0 Stephanie M. Moon, CMC City Clerk 8:>Q~ David A. Bowers Mayor I I I I 23 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38696-011910. AN ORDINANCE to appropriate local match funding and funding from the Commonwealth of Virginia Depar:!ment of Criminal Justice Services for the Juvenile Accountability Block Grant 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 the following 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 Transfer to Grant Fund Fees For Professional Services Grant Fund Appropriations Temporary Employee Wages FICA Fees For Professional Services Revenues JABG CY10 City-State JABG CY10 City-Local Match JABG CY1 0 TAP-Local Match JABG CY10 CRC-Local Match 01-250-9310-9535 01-630-1270-2010 35-630-5090-1 004 35-630-5090-1120 35-630-5090-2010 35-630-5090-5090 35-630-5090-5091 35-630-5090-5092 35-630-5090-5093 $1,054.00 (1,054.00) 19,468.00 1,613.00 24,010.00 42,836.00 1 ,054.00 596.00 605.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~/r). YY7DItrJ Stephanie M. Moon, CMC City Clerk APPROVED svc-Q~ David A. Bowers Mayor 24 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of January, 2010. No. 38697-011910. A RESOLUTION approving the major design features of the 10th Street Improvements highway project between Fairfax Avenue and Williamson Road 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 July 30, 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 10th Street Project No. UOOO-128-V12, UPC 790/11908, 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 I participated in the hearing; 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 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 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. I I I I 25 4. The City Clerk is directed to transmit an attested copy of this Resolution to the Virginia Department of Transportation. APPROVED ATTEST: . rn'~Da>0 Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38698-011910. AN ORDINANCE amending Sec. 21-78, CarryinQ concealed weapons, of Article III, Weapons, of Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, (1979) as amended, by adding new subsection 21-78(e), requiring the Clerk of Circuit Court to require applicants for certain concealed weapon permits to submit to fingerprinting for the purpose of obtaining an applicant's national and state criminal history record, as authorized by Sections 15.2-915.3 and 18.2-308 of the Code of Virginia (1950) as amended; and dispensing with the second reading of this ordinance by title. ' BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-78, CarryinQ concealed weapons, of Article III, Weapons, of Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, (1979) as amended, is hereby amended by the addition of new subsection 21-78(e) to read and provide as follows: Sec. 21-78. Carrying concealed weapons. * * * (e) The Clerk of Circuit Court, as a condition to issuing an applicant a concealed weapons permit, shall require each applicant to submit to fingerprinting for the purpose of obtaining the applicant's national or state criminal history record. No fingerprinting shall be required, however, for the renewal of an existing permit pursuant to subsection I of Section 18.2- 308, of the Code of Virginia, (1950) as amended. 26 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. rY;O/lYV Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38699-011910. AN ORDINANCE authorizing the conveyance of a 15-foot wide by 729-foot long above ground and underground utility easement across City-owned property located at 5401-B Barns Avenue, N. W., designated as Tax Map No. 6610101, to Verizon Virginia, I Inc., 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 15-foot wide by 729-foot long above ground and underground utility easement across City-owned property located at 5401-B Barns Avenue, N. W., designated as Tax Map No. 6610101, to Verizon Virginia, Inc., to install a communication system to serve the new Police Academy, as more particularly set forth in the City Manager's letter to this Council dated January 19, 2010. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. I I I I 27 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.rnl)~ Stephanie M. Moon, CMC / City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. .. , No. 38700-011910. AN ORDINANCE authorizing the conveyance of a 15-foot wide by 729-foot long above ground and underground utility easement across City-owned property located at 5401-B Barns Avenue, N. W., designated as Tax Map No. 6610101, to Cox Communications, Inc., 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 15-foot wide by 729-foot long above ground and underground utility easement across City-owned property located at 5401-B Barns Avenue, N. W., designated as Tax Map No. 6610101, to Cox Communications, Inc., to install a communication system to serve the new Police Academy, as more particularly set forth in the City Manager's letter to this Council dated January 19, 2010. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 28 3. 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: ~hJ':1&aW Stephanie M. Moon, CMC ' City Clerk ~David A. Bowers Mayor TAX MAP NOS. 3160127 and 2070101 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38701-011910. AN ORDINANCE allowing an encroachment requested by the Williamson Road I Area Business Association, Inc. ("WRABA"), to install support poles into the City right- of-way. along a portion of the Williamson Road corridor located in the 3200 Block of Williamson Road, in order to erect banners advertising sponsored public events, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to the Williamson Road Area Business Association, Inc., to allow the encroachment of support poles into the public right-of-way along a portion of the Williamson Road corridor located in the 3200 Block of Williamson Road at Tax Map Nos. 3160127 and 2070101, at distances approximately five (5) feet into the right-of-way on each side of the street, to support event banners advertising sponsored public events as more particularly set forth in the City Manager's letter to this Council dated January 19, 2010. ' 2. The support poles will span approximately 50 feet across the Williamson Road corridor, shall be 8 x 8 steel, approximately 30 feet in height, and shall be placed 7 and Y2 feet into the ground. The bottom of the banner shall be no lower than 22 feet in height from the roadway, and the top of the banner shall not be any higher than 27 feet I from the roadway. The banner shall conform to applicable banner requirements contained in the City Code. I I I 29 3. It shall be agreed by the WRABA that in maintaining such encroachments, it and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise by reason of the above-described encroachments. 4. The WRABA, its grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $2,000,000.00 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to the Williamson Road Area Business Association, Inc., at P. O. Box 5892, Roanoke, Virginia 24012-0892. 6. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the WRABA has been admitted to record, at the cost of the WRABA, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. 7. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~n;. rr; dM Stephanie M. Moon, CMC City Clerk o David A. Bowers Mayor 30 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of January, 2010. No. 38702-011910. AN ORDINAN.CE to transfer funding from the General Fund Contingency for Snow Removal Chemical funding, 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: General Fund Appropriations Contingency Chemicals 01-300-9410-2199 01-530-4140-2045 ($ 198,230.00) 198,230.00 Pursuant to the provisions of. Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. I APPROVED ATTEST: ~J?'J'~DavJ Stephanie M. Moon, CMC City Clerk 9Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38703-011910. AN ORDINANCE to appropriate funding from the Fund Balance Designated for Self-Insured Claims, amending and re-ordaining certain sections of the 2009-2010 General and Risk Management Funds Appropriations, and dispensing with the second I reading by title of this ordinance. I I I 31 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2009-2010 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 Manaqement 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 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~m. n-;qMJ Stephanie M. Moon, CMC City Clerk .~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38704-011910. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the Grandin Court Gym project and to transfer funding from the Reserve for Roof Replacement account to the Patrick Henry High School Culinary Arts project, 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. "'.' 32 BE IT ORDAINED by the Council of the City of Roanoke that the following I 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: Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue 31-065-6089-9003 31-065-6095-9003 31-065~6096-9003 $(550,000.00) 400,000.00 550,000.00 Fund Balance Economic and Community Development Reserve-Unappropriated 31-3365 (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: mLm. ilJO~ Stephanie M. Moon, CMC City Clerk <gJ-QCJl~ David A. Bowers Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38705-011910. 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: I 33 I Appropriations Teacher Salary- 302-11 0-1305-0230-359D-611 00-41121-3-01 $4,645.00 Jackson Social Security- 302-11 0-1305-0230-359D-611 00-42201-3-01 355.00 Jackson Teacher Salary- 302-110-1305-021 0-359D-611 00-41121-3-01 9,290.00 Breckinridge Social Security- 302-110-1305-021 0-359D-611 00-42201-3-01 710.00 Breckinridge Teacher Salary- 302-11 0-1305-0280-359D-611 00-41121-3-01 4,645.00 Addison Social Security- 302-11 0-1305-0280-359D-611 00-42201-3-01 355.00 Addison Purchased Services 302-120-0000-1000-1 05D-6131 0-43313-9-02 5,000.00 Revenues State Grant Receipts 302-000-0000-0000-359D-00000-32400-0-00 20,000.00 Federal Grant 302-000-0000-0000-1 05D-00000-38027 -0-00 5,000.00 Receipts I 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.~ocMJ Stephanie M. Moon, CMC City Clerk QQG7~. David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. ~', " \ i' I \ No. 38706-011910. A RESOLUTION recognizing and supporting the Roanoke Community College Access Program (CCAP). WHEREAS, Roanoke City Public Schools started a community changing program called Roanoke Community College Access Program (CCAP) that pays for two years of college for those who are ready for college, yet unable to pay; 34 WHEREAS, the Roanoke CCAP is an innovative, yet proven way of increasing hope in our children, thus increasing graduation rates, workforce readiness, and the long term viability of the Roanoke Valley; WHEREAS, Roanoke City Public Schools created a funding mechanism for the CCAP program that was a partnership among Virginia Western Community College, local businesses, foundations, the school system and the City; WHEREAS, it is the intent of the City and the Roanoke City Public Schools to share equally in half of the funding for CCAP, which is estimated to be $100,000.00 each annually, with businesses and foundations funding the other half; and WHEREAS, the funds from the City will be included initially within the $500,000.00 annual increase in incremental funds added to the funding formula until FY 2014, when the additional $100,000.00 will be distributed directly from the City to Virginia Western Community College. THEREFORE BE IT RESOLVED jointly that the City of Roanoke and the School Board of the City of Roanoke adopt this Resolution recognizing and supporting the Roanoke Community College Access Program and commending all of those involved in making it a reality for our community. APPROVED ATTEST: ~ rh. fl'jDavJ Stephanie M. Moon, CMC City Clerk ~QCP~ David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38707-011910. A RESOLUTION supporting the establishment of a bus service from the City of Roanoke to the Lynchburg Amtrak train station. I I WHEREAS, Lynchburg's Amtrak passenger rail service is a vital transportation I link between southwest Virginia and the Washington, D.C. area; I I I 35 WHEREAS, citizens of the Roanoke Valley should have a convenient, economical, and reliable means to access Lynchburg's Amtrak passenger rail service; WHEREAS, the establishment of a bus service between Roanoke and Lynchburg supporting the use of passenger rail service is in the best interest of local, state and federal governments; and WHEREAS, mass transportation helps reduce traffic congestion, carbon monoxide emissions and enhances traffic safety. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council hereby requests that the Commonwealth of Virginia consider funding a three (3) year pilot bus service between Roanoke and the Lynchburg Amtrak train station. APPROVED ATTEST: ~hJ.n;D~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38708-011910. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Pilgrim 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 ~ 30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; 36 WHEREAS, a public hearing was held on such application by City Council on January 19, 2010, after due and timely notice thereof as required by 9 30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City C()uncil considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An alley off of 8th Street, N. W., adjacent to parcels bearing Tax Nos. 2032001, 2030801 and 2030803 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. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. I I I I I I 37 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. . BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 9 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ hi. Yr;bo-N Stephanie M. Moon, CMC City Clerk ~Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38709-011910. 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. 30398-21991, adopted on February 19, 1991, to the extent that it placed certain conditions on Official Tax No. 5180304, located at 3804 Brandon Avenue, S. W., placing new proffers on the subject property; and dispensing with the second readi~g of this ordinance by title. 38 WHEREAS, Virginia Lutheran Homes, Inc. has filed an application to the Council of the City of Roanoke to repeal Ordinance No. 30398-21991, adopted February 19, 1991, to the extent such ordinance placed certain conditions upon property bearing Official Tax No. 5180304, located at 3804 Brandon Avenue, S. W., and to place new conditions proffered by the applicant on the property; I WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 19, 2010, 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 I repeal of Ordinance No. 30398-21991, adopted February 19, 1991, to the extent such ordinance placed certain conditions upon property bearing Official Tax No. 5180304, located at 3804 Brandon Avenue, S. W. and the adoption of the proffers pertaining to the subject property as set forth herein, and for those reasons, is of the opinion that the subject property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 30398-21991, adopted by the City Council on February 19, 1991, to the extent that it placed certain conditions on Official Tax No. 5180304, located at 3804 Brandon Avenue, S. W., is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to . reflect such action. 2. That proffers set forth in the Zoning Amended Application No.2, dated November 18, 2009, are accepted and placed on the property bearing Official Tax No. 5180304, so that such property will be zoned RMF, Residential Multifamily District, with conditions proffered by the applicant, and that 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, be amended to reflect such action. I I I I 39 3. Pursuant to the provisions of ~12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~tnrryo~ Stephanie M. Moon, CMC City Clerk 7J)~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38710-011910. 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 repeal conditions as they relate to Official Tax No. 6370210 and a .021 acre portion of Official Tax No. 6370206, located at the intersection of Peters Creek Road and Woodbridge Drive, and rezoning such property from CG, Commercial General District, to R-3, Residential Single Family District; placing a new proffer on the subject properties; and dispensing with the second reading of this ordinance by title. WHEREAS, when the Council of the City of Roanoke ("City Council") adopted Ordinance No. 28387 on October 20, 1986, City Council accepted proffers related to property bearing Official Tax No. 6370206, such property being subsequently subdivided into two parcels and thereby creating a new additional parcel bearing Official Tax No. 6370210; WHEREAS, D & S Development Group, LLC, has filed an application to the City Council to repeal the proffers accepted by Council when it adopted Ordinance No. 28387 on October 20, 1986, as such conditions relate to Official Tax No. 6370210 and a .021 acre portion of Official Tax No. 6370206; WHEREAS, the applicant seeks to have the property bearing Official Tax No. 6370210, located at 4403 Woodbridge Avenue, N. W.,and a .021 acre portion of the adjacent parcel bearing Official Tax No. 6370206, rezoned from CG, Commercial General District, to R-3, Residential Single Family District, subject to a certain condition as set forth in the Zoning Amended Application NO.2 dated November 25, 2009; 40 WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by 9 36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; I WHEREAS, a public hearing was held by City Council on such application at its meeting on January 19, 2010, 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 the proffers accepted by City Council when it adopted Ordinance No. 28387 on October 20, 1986, as such conditions relate to Official Tax No. 6370210 and a .021 acre portion of Official Tax No. 6370206, located at the intersection of Peters Creek Road and Woodbridge Drive; the rezoning of property bearing Official Tax No. 6370210, located at 4403 Woodbridge Avenue, N. W., and a .021 acre portion of the adjacent parcel bearing Official Tax No. 6370206, from CG, Commercial General District, to R-3, I Residential Single Family District; and adopting a proffer pertaining to the subject properties as set forth herein. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 . The proffers accepted by City Council when it adopted Ordinance No. 28387 on October 20, 1986, as such conditions relate to Official Tax No. 6370210 and a .021 acre portion of Official Tax No. 6370206, located at the intersection of Peters Creek Road and Woodbridge Drive, are hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that properties bearing Official Tax No. 6370210, located at 4403 Woodbridge Avenue, N. W., and a .021 acre portion of the adjacent parcel bearing Official Tax No. 6370206, be, and are hereby rezoned from CG, Commercial General District, to R-3, Residential Single Family District. I I I I 41 3. The proffer set forth in the Zoning Amended Application No.2, dated November 25, 2009, is accepted and placed on the properties bearing Official Tax No. 6370210, located at 4403 Woodbridge Avenue, N. W., and a .021 acre portion of the adjacent parcel bearing Official Tax No. 6370206, as set forth in such application, 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: =~o:::~~'wJ City Clerk <9 David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38711-011910. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Azar Jewelry, Inc., for approximately 418 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia 24011, for a month-to-month term, effective February 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on January 19, 2010, 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: 42 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 Azar Jewelry, Inc., for the lease of approximately 418 square feet of space in the City Market Building, located at 32 Market Square, Roanoke, Virginia, for a jewelry store business, for a month-to-month term, effective February 1, 2010, not to exceed twelve (12) months, at a rental rate of $975.33 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated January 19, 2010. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: j;,t:jJ~ hi> Yh ~OVJ Stephanie M. Moon, CMC l City Clerk D~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of January, 2010. No. 38712-011910. 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 February 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on January 19, 2010, 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: I I I I I I 43 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 February 1, 2010, 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 .Ietter to this Council dated January 19, 2010. 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.~owJ Stephanie M. Moon, CMC . City Clerk D David A. Bowers Mayor 44 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 1st day of February, 2010. No. 38713-020110. AN ORDINANCE authorizing execution of a deed of reservation for City-owned property designated as Tax Map Numbers 1322024, 1420101 R, 1420102R, 1420103R, 1420104R and 1321501R, to allow the placement of certain trail easements and ingress/egress easements as part of the greenway from the Memorial Bridge to Bridge Street 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 February 1, 2010, pursuant to 99 15.2- 1800 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 a deed of reservation for City- owned property designated as Tax Map Numbers I 1322024, 1420101R, 1420102R, 1420103R, 1420104R and 1321501R, to allow the placement of certain trail easements and ingress/egress easements as part of the greenway from the Memorial Bridge to Bridge Street 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 February 1 , 2010. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~rn tl]btMJ Stephanie M. Moon, CMC City Clerk I I I I 45 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 2010. No. 38714-020110. 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. 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, with no matching funds required, for reimbursement on the purchase of bulletproof vests, such grant being more particularly described in the letter of the City Manager to Council dated February 1, 2010. 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: ~ 0- r;D~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor 46 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 2010. No. 38715-020110. AN ORDINANCE to appropriate funding from the federal government for the Bulletproof Vest Partnership 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 Wearing Apparel Revenues Bulletproof Vest Partnership Grant FY10 35-640-3426-2064 $10,813.00 35-640-3426-3426 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: ~ln. ")~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 2010. No. 38716-020110. 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: I I I I I I 47 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 $31,588.00, 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 February 1, 2010. 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.h]bM Stephanie M. Moon, CMC City Clerk @~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of February, 2010. No. 38717-020110. 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 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 CY10 35-640-3354-1004 35-640-3354-1120 $29,344.00 2,244.00 35-640-3354-3354 31 ,588.00 48 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: ~ ht. >>7o~ Stephanie M. Moon, CMC City Clerk O'D~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of February, 2010. No. 38718-020110. A RESOLUTION authorizing acceptance of a grant by the U. S. Department of Housing and Urban Development (HUD) to the City of Roanoke Homeless Assistance Team (HAT) 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 February 1, 2010, 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: L' " I ~ fr;, ~ Stephanie M. Moon, c~ City Clerk Sl>~~~ David A. Bowers I Mayor I I I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 2010. No. 38719-020110. 49 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 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 Regular Employee Salary Temporary Employee Wages City Retirement FICA Medical Insurance Dental Insurance Life'lnsurance Disability Insurance Telephone Telephone-Cellular Administrative Supplies Expendable Equipment <$5000 Motor Fuel and Lubricants Fleet Mgt Daily Vehicle Rental Program Activities Postage Revenues Homeless Assistance Team FY10 Homel.ess Assistance Team FY10 - Local 35-630-5348-1002 35-630-5348-1004 35-630-5348-11 05 35-630-5348-1120 35-630-5348-1125 35-630-5348-1126 35-630-5348-1130 35-630-5348-1131 35-630-5348-2020 35-630-5348-2021 35-630-5348-2030 35-630-5348-2035 35-630-5348-2038 35-630-5348-2054 35-630-5348-2066 35-630-5348-2160 35-630-5348-5348 35-630-5348-5349 $100,189.00 13,310.00 15,810.00 8,683.00 13,680.00 858.00 822.00 28.00 2,667.00 1,6670.00 890.00 500.00 1,200.00 750.00 13,289.00 253.00 137,669.00 36,927.00 50 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: ~ nt. h'J/JtW Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of February, 2010. No. 38720-020110. AN ORDINANCE authorizing the conveyance of a 15-foot wide by gOO-foot long above ground and underground utility easement across City-owned property identified as William Fleming High School and designated as Tax Map No. 6460102, to Verizon I Virginia, Inc., 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 15-foot wide by gOO-foot long above ground and underground utility easement across City-owned property identified as William Fleming High School and designated as Tax Map No. 6460102, to Verizon Virginia, Inc., to install a communication system to serve the school and surrounding community, as more particularly set forth in the City Manager's letter to this Council dated February 1, 2010. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. I I I I 51 3. Pursuant to the provisions of Section 1 ~ of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ rY).h]"b~ Stephanie M. Moon, CMC City Clerk 3-~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38721-021610. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant of $10,000.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $10,000.00, with no local match, for certain WIA client populations, for Fiscal Year 2010, to be used during the period of July 1, 2009 through June 30, 2010, as more particularly set out in the City Manager's letter dated February 16, 2010, 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. . 52 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: ,~/r).hJ~~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 20.10. No. 38722-021610. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY10 Local Coordination Grant, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and I dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2009-2010 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Food Business Meals and Travel Supplies Contractual Services Revenues WIA Local Coordination Grant FY10 35-633-2365-2060 35-633-2365-2144 35-633-2365-8055 35-633-2365-8057 $2,625.00 25.00 1,850.00 5,500.00 35-633-2365-2365 10,000.00 I I I I 53 Pursuant 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. hjoGYJ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38723-021610. A RESOLUTION supporting and authorizing the City's application for a Bicycle Friendly Community award and authorizing the City Manager to execute all necessary and appropriate documents in connection with such application. WHEREAS, the Bicycle Friendly Community Campaign is an awards program administered by the League of American Bicyclists that recognizes municipalities as Bicycle Friendly Communities for actively supporting bicycling, providing safe accommodation for bicyclists, and encouraging residents to bike for transportation and recreation; WHEREAS, this initiative is compatible with the City's interests and goals related to multimodal transportation and recreation; and WHEREAS, designation as a Bicycle Friendly Community will improve the City's ability to advance its bicycling programs, activities, and facilities. 54 THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City Council supports the designation of the City as a Bicycle Friendly Community, and that the City Manager is hereby authorized, for and on behalf of the City, to make application for such designation and request feedback from the League of American Bicyclists about how to make the City more bicycle friendly and to execute on behalf of the City of Roanoke all necessary and appropriate documents in connection with such application. APPROVED \ ATTEST: ~P,.~~~ Stephanie M. Moon, CMC City Clerk ~cr~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38724-021610. AN ORDINANCE to appropriate funding received from the Assistance to Firefighters Grant to the Department of Technology Public Safety Radio project, amending and reordaining certain sections of the 2009-2010 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 2009-2010 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Federal Grant Funds Revenues Digital Radio Technology . 13-430-9925-9002 $ 32,292.00 13-430-9925-9924 32,292.00 I I I I I I 55 Pursuant 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. il-)O~ Stephanie M. Moon, CMC City Clerk ~.t'1 I'?D N""~.-- ~ ~\.....J1). -- _...~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38725-021610. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and 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 Revenues Roanoke River Greenway - TEA21 08-620-9200-9003 08-620-9200-9007 08-620-9753-9003 $ 43,750.00 175,000.00 (43,750.00) 175,000.00 08-620-9200-9200 56 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.rr-,b~ Stephanie M. Moon, CMC City Clerk 'SJ)-Q~- Davl . Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38726-021610. 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 Amendment No. One to the Deeds of Restriction for the Roanoke Centre for Industry and Technology, applicable to property identified as Tax Map Nos. 72101 03A, 7210103B, 7210106, 7210101, 7210107, 7280101, 7230102, 7230105, 7240104, 7240101, 7240103, 7240104, 7230101, 7280104, 7230102, 7230101, 7210103, 7230108, 7240105, 7280102, 7230104, 7230103, 7160102, 7200106, and 7320103, located in the City of Roanoke, by amending Section 6(e) of the restrictive covenants to increase the lot coverage ratio from 60% to 70% for all lots in the park, in order that the property owners of businesses at RCIT can expand their on-site parking and/or facility, as more particularly set forth in the City Manager's letter to this Council dated February 16, 2010. 2. All documents necessary for this Amendment shall be in a form approved by the City Attorney. 1 1 1 1 57 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: ~(yJ.~\)~ Stephanie M. Moon, CMC City Clerk ~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38727-021610. AN ORDINANCE to transfer funding from the Roanoke Academy Improvements project to the Patrick Henry High School project, 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: Appropriations Appropriated from General Revenue Appropriated from General Revenue 31-065-6058-9003 31-065-6066-9003 $ (120,000.00) 120,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ 10. iry~ Stephanie M. Moon, CMC City Clerk id A. Bowers Mayor 58 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38728-021610. 1 AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments, local grants, local match, and fees 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 Substitutes Teachers Counselor Director Supplemental Pay Clerical Custodial Retiree Health Credit Social Security VRS Health/Dental Group Life Insurance Social Security Retirement - City Health/Dental Temporary Help Service Fees Maintenance Service Contracts Purchased Services Mileage Travel: Conventions/Education Field Trips Utilities: Electrical Utilities: Heating Telecommunications Office Supplies Books & Subscriptions 302-180-0000-1170-3130-61100-41021-3-04 302-180-0000-1170-3130-61100-41121-3-04 302-180-0000-1170-3130-61210-41123-3-04 302-150-0000-1170-3130-61410-41114-3-04 302-180-0000-1170-3130-61100-41129-3-04 302-150-0000-1170-3130-61410-41151-3-04 302-250-0000-1170-3130-64200-41192-3-00 302-180-0000-1170-3130-61100-42200-3-04 302-180-0000-1170-3130-61100-42201-3-04 302-180-0000-1170-3130-61100-42202-3-04 302-180-0000-1170-3130-61100-42204-3-04 302-180-0000-1170-3130-61100-42205-3-04 302-250-0000-1170-3130-64200-42201-3-04 302-250-0000-1170-3130-64200-42203-3-04 302-250-0000-1170-3130-64200-42204-3-04 302-180-0000-1170-3130-61100-43321-3-04 302-180-0000-1170-3130-61100-43332-3-04 302-180-0000-1170-3130-61100-43381-3-04 302-180-0000-1170-3130-61100-45551-3-04 302-180-0000-1170-3130-61100-45554-3-04 302-180-0000-1170-3130-61100-45583-3-04 302-180-0000-1170-3130-64200-45511-3-04 302-180-0000-1170-3130-64200-45512-3-04 302-180-0000-1170-3130-64200-45523-3-04 302-180-0000-1170-3130-61100-46601-3-04 302-180-0000-1170-3130-61100-46613-3-04 $ 412.00 716,743.00 44,323.00 91,087.00 16,705.00 34,169.00 21,984.00 8,187.00 61,868.00 113,199.00 94,008.00 9,010.00 1,525.00 1,707.00 6,170.00 1,200.00 5,258.00 8,500.00 2,500.00 8,000.00 2,500.00 49,500.00 14,266.00 1,000.00 5,000.00 25,400.00 1 1 59 Educational & 302-180-0000-1170-3130-61100-46614-3-04 52,000.00 1 Recreational Supplies Other Operating Supplies 302-180-0000-1170-3130-61100-46615-3-04 3,000.00 Repair & Maintenance 302-180-0000-1170-3130-64200-46608-3-04 2,000.00 Supplies Capital: Machinery & 302-180-0000-1170-3130-61100-48821-3-04 95,643.00 Equipment Capital: Data Processing 302-280-0000-1170-3130-61100-48826-3-04 5,400.00 Equipment Debt Redemption of 302-300-0000-1170-3130-67100-49901-3-04 193,500.00 Principals Debt Interest 302-300-0000-1170-3130-67100-49902-3-04 115,272.00 Operating Supplies 302-11 0-FLOW-011 0-7610-64200-46615-2-01 4,500.00 Educational & 302-11 0-FLOW-011 0-7620-611 00-46614-2-01 4,700.00 Recreational Supplies Purchased Services 306-270-0000-0000-1668-68100-43313-9-01 3,000.00 Evaluation Services 306-270-0000-0000-1668-68100-43381-9-01 58,925.00 Professional Maintenance 306-270-0000-0000-1668-68100-43332-0-01 149,261.00 Service Contracts/W arranties Technology Hardware 306-270-0000-0000-1668-68100-46650-0-01 153,727.00 Technology 306-270-0000-0000-1668-68100-46640-0-01 3,850.00 1 Software/Online Content New Capital Data 306-270-0000-0000-1668-68100-48826-0-01 810,867.00 Processing Equipment Teachers 307 -11 0-0000-0000-91 08-611 00-41121-9-01 1,893,452.00 Retiree Health Credit 307 -110-0000-0000-9108-61100-42200-9-01 19,442.00 Social Security 307 -11 0-0000-0000-91 08-611 00-42201-9-01 144,849.00 VRS 307 -110-0000-0000-9108-61100-42202-9-01 261,486.00 Health/Dental 307-110-0000-0000-9108-61100-42204-9-01 190,665.00 Group Life Insurance 307-110-0000-0000-9108-61100-42205-9-01 14,708.00 Revenues State Revenue 302-000-0000-0000-3130-00000-32229-0-00 403,036.00 Participating School 302-000-0000-0000-3130-00000-33802-0-00 732,160.00 Division Fees Local Match 302-000-0000-0000-3130-00000-34588-0-00 675,840.00 Private Foundation Grant 302-000-FLOW -0000-761 0-00000-33808-0-00 4,500.00 Private Foundation Grant 302-000-FLOW -0000-7620-00000-33808-0-00 4,700.00 Federal Grant Receipts 306-000-0000-0000-1668-00000-38318-0-00 1,179,630.00 Federal Grant Receipts 307 -000-0000-0000-9108-00000-38394-0-00 2,524,602.00 1 60 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: ~h). ~ Stephanie M. Moon, c~ City Clerk S)-~Q!:=- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38729-021610. AN ORDINANCE to amend 936.2-1 00, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by repealing Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20,2007, to the extent that 1 they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101, and placing new proffers on the subject property; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke School Board has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 37303- 020606, adopted Febru.ary 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101, and replacing them with new proffers; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on February 16, 2010, 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 b~ heard, both for and against the 1 proposed amendment; and 1 1 1 61 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 repealing of Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S.W., bearing Official Tax No. 1460101, and replacing them with new proffers, and is of the opinion that the conditions now binding upon the. subject property, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development, with proffers as set forth in the Zoning Amended Application No. 1 dated January 21,2010. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 . Ordinance No. 37303-020606, adopted February 6, 2006, and Ordinance No. 37696-022007, adopted February 20, 2007, to the extent that they placed. certain conditions on property being Patrick Henry High School, located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101, are hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. That proffers set forth in the Zoning Amended Application No. 1 dated January 21, 2010, are accepted and placed on the property being Patrick Henry High School, located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101, and that such property be zoned INPUD, Institutional Planned Unit Development, with conditions proffered by the applicant, and that 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5,2005, as amended, be amended to reflect such action. 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 Si:J'.Q;:$~ David A. Bowers Mayor 62 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 1 The 16th day of February, 2010. No. 38730-021610. 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 on a parcel zoned INPUD, located on Hershberger Road, N. W., bearing Official Tax No. 6391313; and to rezone a parcel bearing Official Tax No. 6391308, in order to provide for better access for the development and allow for better placement of the storm water management pond, as provided in a development plan dated 11/16/09; and dispensing with the second reading by title of this ordinance. WHEREAS, Central Baptist Church has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the Planned Unit Development Plan on a parcel zoned INPUD, located on Hershberger Road, N. W., bearing Official Tax No. 6391313; and to rezone a parcel bearing Official Tax No. 6391308 in order to provide for better access for the development and allow for better placement of the storm water management pond, as provided in a development plan dated 11/16/09; WHEREAS, the City Planning Commission, after giving proper notice to all 1 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 16, 2010, 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 of the Planned Unit Development Plan and rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Planned Unit Development Plan and the rezoning of the subject property in order to provide for better access for the development and allow for better placement of the storm water management pond, as provided in a development plan dated 11/16/09, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 1 1 1 63 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 on a parcel zoned INPUD, located on Hershberger Road, N. W., bearing Official Tax No. 6391313, in order to provide for better access for the development and allow for better placement of the storm water management pond, as provided in a development plan dated 11/16/09, as set forth in the Zoning Amendment Application dated December 3, 2009. 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. 6391308 is hereby rezoned from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment Application dated December 3, 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: ~M.MO~ Stephanie M. Moon, CMC ~ City Clerk gQ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38731-021610. AN ORDINANCE amending and reordaining Ordinance' No. 38550-072009, closing a portion of Barrington Drive, N. W., subject to certain conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, in an application filed on June 18, 2009, the applicant sought to rezone Official Tax Map No. 6391313 from R-7, Residential Single Family District, to INPUD, Institutional Planned Unit Development District; 64 WHEREAS, by adopting Ordinance No. 38549-072009 on July 20, 2009, City 1 Council rezoned Official Tax No. 6391313 as requested; WHEREAS, in an application filed on May 7, 2009, the applicant sought to have City Council close a public right-of-way situate in the City of Roanoke particularly described as a 0.151 acre portion of Barrington Drive, N. W., and terminating at a parcel bearing Official Tax No. 6391313, in connection with the rezoning of Official Tax No. 6391313; WHEREAS, by adopting Ordinance No. 38550-072009, on July 20, 2009, City Council intended to permanently vacate, discontinue and close the portion of Barrington Drive, N. W., as requested, subject to certain conditions; WHEREAS, Ordinance No. 38550-072009 provided, among other conditions, that the applicant must complete the following improvements before a plat is recorded with the Clerk of the Circuit Court for the City of Roanoke to effect the closure as requested: 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. 1 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. 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. WHEREAS, in an application filed on December 3, 2009, the applicant requested amendments to the Institutional Planned Unit Development site plan filed in connection with the rezoning of Official Tax Map No. 6391308; and WHEREAS, on February 16, 2010, City Council approved by Ordinance the requested amendments to the INPUD site plan, including a turn lane off of Hershberger Road which eliminates the necessity of the three conditions contained in Ordinance No. 38550-072009 and set forth above. 1 I I I 65 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the following paragraph of Ordinance No. 38550-072009 be deleted in its entirety, and that such ordinance be reordained as amended: "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. 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 record a certified copy of this ordinance along with the copy of Ordinance No. 38550-072009 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: ~ m. fYlOhYJ Stephanie M. Moon, CM~ . I City Clerk 0~ David A. Bowers Mayor 66 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of February, 2010. No. 38732-021610. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, being a parcel on 14th Street, S. W., Roanoke, Virginia, bearing Official Tax No. 1211105, to Habitat for Humanity in the Roanoke Valley, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on February 16, 2010, 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 parcel of City-owned property, being a parcel on 14th I Street, S. W., Roanoke, Virginia, bearing Official Tax No. 1211105, to Habitat for Humanity in the Roanoke Valley, Inc., by deed of gift, with a stipulation that the property must be developed for single-family housing for homeownership as part of the present Hurt Park revitalization efforts, and in accordance with the terms and conditions as more particularly stated in the City Manager's letter to this Council dated February 16, 2010. 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: ~P1'l'r\o~ Stephanie M. Moon, CMC (' City Clerk Sb~~ Mayor I " I I I 67 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38733-021610. 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, 2010, 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 16, 2010, 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 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, 2010, 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 16; 2010. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: #t-L~.~~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor \, >,;;'. 68 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of February, 2010. No. 38734-021610. 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, 2010, 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 16, 2010, 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 City Attorney, an agreement with Adel Eltawansy, d/b/a Zorba's, for the lease of approximately 210 square feet of space I 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, 2010, 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 16, 2010. 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: ~I^rl.~()~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor I I I I 69 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of February, 2010. No. 38735-021610. AN ORDINANCE authorizing the City Manager to execute a lease agreement with BIS, Inc., a/k/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, 2010, 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 16, 2010, 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 City Attorney, an agreement with BIS, Inc., a/k/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, 2010, 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 16, 2010. 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. hJl)~ Stephanie M. Moon, CMC City Clerk '~ o . Bowers 70 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of February, 2010. No. 38736-021610. 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, 2010, 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 16, 2010, 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 I 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, 2010, 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 16, 2010. 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. (YII1~ Stephanie M. Moon, CMC {- City Clerk ~~~ David A. Bowers Mayor I I I I 71 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of March, 2010. No. 38737-030110. AN ORDINANCE authorizing the City Manager to .execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 220 Church Avenue, S. W., Roanoke, Virginia, otherwise known as the "Commonwealth Building," bearing Official Tax No. 1012103,. to 220 Church, LLC, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on March 1, 2010, 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 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, including a sales agreement, providing for the conveyance of a parcel of City-owned property, located at 220 Church Av~nue, S. W., Roanoke, Virginia, otherwise known as the "Commonwealth Building," bearing Official Tax No. 1012103, to 220 Church, LLC, for the purchase price of $3,650,000.00, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated March 1, 2010. 2. Purchase of the above referenced property by 220 Church, LLC, is conditioned upon an acceptable due diligence review and negotiation of an extension to the existing lease with the United States General Services Administration for the United States Bankruptcy Court by 220 Church, LLC, and other terms and conditions stated in the sales agreement. 3. All documents necessary for this conveyance shall be in form approved by the City Attorney. 72 I 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . APPROVED ATTEST: ~m'''10~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of March, 2010. No. 38738-030110. A RESOLUTION renaming the 2700 block of Ferndale Drive to Ordway Drive; I the 4600, 4700, and 4800 blocks of Rutgers Avenue to Rutgers Street; and changing the spelling of Duke of Glouchester Street to Duke of Gloucester Street. WHEREAS, pursuant to Section 30-34 of the Code of the City of Roanoke (1979), as amended, the City Manager is authorized to review and recommend to City Council the naming and renaming of existing streets, both public and private; WHEREAS, the 2700 block of Ferndale Drive to Ordway Drive was reconfigured to provide access to an industrial property and as a result, this segment of street is now more appropriately identified as an extension of Ordway Drive; WHEREAS, the 4600, 4700, and 4800 blocks of Rutgers Avenue need to be renamed to Rutgers Street to conform to the "Street" suffix found on segments to the east and west of such locations; WHEREAS, the spelling of "Duke of Glouchester Street" needs to be changed to "Duke of Gloucester Street;" and WHEREAS, the legal requirements of Section 30-34 of the Code of the City of Roanoke (1979), as amended, have been satisfied, and the Council of the City of Roanoke believes such changes promote the public health, safety and welfare. I I I I 73 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 2700 block of Ferndale Drive is hereby designated and renamed as Ordway Drive. 2. The 4600, 4700, and 4800 blocks of Rutgers Avenue are hereby designated and renamed Rutgers Street. 3. The spelling of Duke of Glouchester Street is hereby changed to Duke of Gloucester Street. .<. 4. The City Engineer is hereby directed to cause the renamed streets mentioned above to be appropriately noted on all maps and plats lodged in his care and to cause the placement of appropriate street name signs on such streets, and the City Manager, or the City Manager's designee, is directed to notify adjoining property owners of such changes. 5. The City Clerk is hereby directed to transmit attested copies of this resolution to the local offices of the United States Postal Service and relevant City of Roanoke departments so that they will be apprised of the aforesaid street name changes. APPROVED ATTEST: ~ }n.~tfv Stephanie M. Moon, CMC City Clerk 74 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2010. No. 38739-030110. AN ORDINANCE authorizing the City Manager to execute an Intergovernmental Agreement ("Agreement"), dated March 1, 2010, among the City of Roanoke, Roanoke County, the City of Salem, and the Town of Vinton to create the Roanoke Area Criminal Justice Information Network ("R.A.C.J.I.N."), upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, Section 15.2-1300 of the Code of Virginia provides that an agreement providing for the joint exercise of any power, privilege or authority by two or more political subdivisions of this Commonwealth shall be approved by ordinance; WHEREAS, the City of Roanoke, the City of Salem, the Town of Vinton, and Roanoke County desire to. cooperate in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records (the "Project"); and, WHEREAS, these political subdivisions have negotiated a Memorandum of Understanding and a Govern~mce Agreement that establish a general framework of governance, the sharing of data and the allocation of costs among the parties, detail the operation and management of this Project, and provide for other localities and governmental entities to participate. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute the Memorandum of Understanding and the Governance Agreement on behalf of the City implementing the Roanoke Area Criminal Justice Information Network ("R.A.C.J.I.N."), and the joint exercise of powers, privileges and authority with the Roanoke County, the City of Salem and the Town of Vinton in the establishment and maintenance of an information sharing system for police and law enforcement electronic data and records under this Agreement, in a form approved by the City Attorney, are hereby approved and authorized, as more particularly stated in the City Manager's letter to Council dated March 1,2010. I I I I I I 75 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: ~ dn. hJ{J~ Stephanie M. Moon, CMC City Clerk S)~-' David . Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of March, 2010. No.38740-030110. A RESOLUTION authorizing The Sale Of City Of. Roanoke, Virginia, General Obligation Public Improvement And Refunding Bonds, Series 2010A, And City Of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 2010b (Taxable - Recovery Zone Economic Development Bonds) BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: SECTION 1. Findinas and Determinations. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) On July 21, 2008, the Council adopted Resolution No. 38166- 072108,entitled "A Resolution authorizing the issuance of six million six hundred forty thousand dollars ($6,640,000.00) principal amount of general obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for such City; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds; authorizing the preparation of a Preliminary Official Statement and an Official Statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such Official Statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like 76 I 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", authorizing the issuance of $6,640,000.00 principal amount of general obligation of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City. (b) On December 10, 2008, the City issued its City of Roanoke, Virginia, General Obligation Public Improvement Bond, Series 2008A;dated November 10, 2008, in the principal amount of $11 ,950,000.00, including $5,000,000.00 principal amount thereof authorized for issuance pursuant to Resolution No. 38166- 072108 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City. (c) As of the date hereof, there are authorized but unissued under Resolution No. 38166-072108 General Obligation Public Improvement Bonds in the I principal amount of $1,640,000.00 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City. (d) On September 8, 2009, the Council adopted Resolution No. 38582- 090809, entitled "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", authorizing the issuance of $13,945,000.00 principal amount of general obligations of I the City, in the form of General Obligation Public Improvement Bonds for the purpose of I I I 77 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. (e) On January 4, 2010, the Council adopted Resolution No. 38682- 010410, entitled "A Resolution of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 38582-090809 adopted by the Council on September 8, 2009", reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 38582-090809 adopted by the Council on September 8, 2009. (f) As of the date hereof, there are authorized but unissued under Resolution No. 38582-090809, as supplemented by Resolution No. 38682-010410 general obligation bonds in the principal amount of $13,945,000.00. (g) On October 22, 2009, the Council adopted Resolution No. 38628- 102209, entitled "A Resolution authorizing the issuance and sale of not to exceed fifty million dollars ($50,000,000.00) 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; authorizing the City Manager and the Director of Finance to designate the refunded bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds", authorizing the issuance of not to exceed $50,000,000.00 principal amount of General Obligation Public Improvement Refunding Bonds for the purpose of refunding 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 (as such terms are defined in Resolution No. 38628-102209) 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. 78 I (h) As of the date hereof, there are authorized but unissued under Resolution No. 38628-102209 General Obligation Public Improvement Refunding Bonds in the principal amount of not to exceed $50,000,000.00. . (i) Pursuant to Notice 2009-50 promulgated by the Internal Revenue Service, the City was granted a volume cap allocation for the issuance of "Recovery Zone Economic Development Bonds" authorized for issuance under Section 1400U-2 of the Internal Revenue Code of 1986 (the "Code") as added by the American Recovery and Reinvestment Act of 2009 (the "ARRA"), in the amount of $1,602,000.00. (j) On December 7, 2009, the Council adopted Resolution No. 38658. 120709, entitled "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", designating "that 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 as an area of "general distress" with the meaning of [the American Recovery and Reinvestment Act of 2009 (the "ARRA")], and hereby designates such area [as] a Recovery Zone, as that term is defined in the ARRA", such area as described in the Resolution No. 38658-120709 being the site of the Roanoke River Flood Reduction Project. (k) On December 7, 2009, the Council adopted Resolution No. 38659- 120709, entitled "A Resolution Designating The Roanoke River Flood Reduction Project To Be The Recipient of Funding For The Purposes of The Issuance of Recovery Zone Economic Development Bonds pursuant ,to the American Recovery And Reinvestment Act of 2009", 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. I (1) On January 13, 2010, the Office of the Governor of the Commonwealth of Virginia, awarded the City an additional allocation of volume cap for the issuance of "Recovery Zone Economic Development Bonds" under Section 1400U-2 of the Code in the amount of $7,143,000.00. (m) In the judgment of the Council, it is desirable to authorize the sale of (i) City of Roanoke, Virginia, General Obligation Public Improvement and Refunding Bonds, Series 2010A, pursuant to Resolution No. 38166-072108 adopted by the Council on July 21,2008 and Resolution No. 38628.102209 adopted by the Council on October 22, 2009, and (ii) City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 2010B (Taxable - Recovery Zone Economic Development Bonds), pursuant to Resolution No. 38582-090809 adopted by the Council on September 8, 2009, as supplemented by Resolution No. 38682-010410 adopted by the I Council on January 4, 2010. I I I 79 SECTION 2. Authorization of Sale of Bonds. (a) Under and pursuant to and in accordance with the provisions of Resolution No. 38 166-072108 adopted by the Council on July 21, 2008 and Resolution No. 38628-102209 adopted by the Council on October 22, 2009, the Council hereby authorizes the sale of the City of Roanoke, Virginia, General Obligation Public Improvement and Refunding Bonds, Series 2010A (the "Series 201 OA Bonds"), for the purposes authorized by such Resolution No. 38166- 072108 and such Resolution No. 38628-102209, including the payment of a portion of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public parking facilities of and for the City, including the Market Garage, and the refunding of all or a portion of the Refunded Bonds (as defined in Resolution No. 38628-102209) in advance of their stated maturities. (b) Under and' pursuant to and in accordance with the provIsions of Resolution No. 38582-090809 adopted by the Council on September 8, 2009 and Resolution No. 38682-010410 adopted by the Council on January 4, 2010, the Council hereby authorizes the sale of the City of Roanoke, Virginia, General Obligation Public Improvement Bonds, Series 2010B (Taxable-Recovery Zone Economic Development . Bonds) (the "Series 201 OB Bonds"), for the purposes authorized by such Resolution No. 38582-090809 and such Resolution No. 38682-010410, including the payment of a portion of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City, including the Roanoke River Flood Reduction Project. SECTION 3. DeleQation to City Manager and Director of Finance. Pursuant to the . authority of and for the purposes specified herein, the 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 herewith at negotiated sale to Morgan Keegan & Company, Inc:', as the underwriter of the Bonds (the "Underwriter"), at a price of 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 there for; provided, however, to the extent the Series 2010A Bonds are being issued in whole or in part for the purpose of refunding outstanding general obligation public improvement bonds of the City, 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 optional redemption of the Bonds exceed two percent (2%) of the principal amount thereof. The Bonds may have such other redemption features as shall be recommended to the City by its Financial Advisor, and any optional redemption of the Bonds m'ay be made conditional upon the receipt by the Registrar and Paying 80 I Agent of moneys sufficient to pay the principal of, and premium, if any, and interest on, the Bonds to be redeemed. Either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriter one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to the Underwriter. SECTION 4. Covenants as to Compliance with Internal Revenue Code of 1986. (a) The City hereby covenants to comply with the provisions of Sections 103 and 141 through 150 of the Code and the Treasury Regulations promulgated thereunder applicable to the Series 201 OA Bonds throughout the term of the Series 201 OA Bonds. (b) The City Manager and the Director of Finance are hereby authorized to irrevocably designate such Series 2010B Bonds as Recovery Zone Economic Development Bonds for purposes of Section 1400U-2 of the Code and the City Manager, the Director of Finance and other City officials are h~reby authorized to take all such actions as shall be necessary in order for such Series 201 OB Bonds to meet the requirements of Section 1400U-2 of the Code and the Treasury Regulations promulgated thereunder applicable to the Series 2010B Bonds throughout the term of the Series 201 OB Bonds. SECTION 5. Terms of Bonds: Forms of Bonds. (a) The Bonds shall have such I other terms, conditions and provisions as are provided for. in Resolution No. 38166- 072108, Resolution No. 38582-090809, Resolution No. 38628-1 02209 and Resolution No. 38682-010410. (b) 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 Resolution No.3 81 66-072 108, Resolution No. 38582-090809 and Resolution No.3 8628- 102209. SECTION 6. Filinq of Resolution With Circuit Court. 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 7. Repeal of Conflicting Ordinances, Resolutions and Proceedings. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. I I I I 81 SECTION 8. Effectiveness of Resolution. This Resolution shall take effect upon its adoption. APPROVED ATTEST: ~dn. h;b~ Stephanie M. Moon, CMC City Clerk 9<2~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of March, 2010. No. 38741-030110. A RESOLUTION urging the General Assembly to continue funding the Virginia Commission for the Arts at the level proposed by the Senate of Virginia. WHEREAS, .the current House of Delegates budget proposal would cut funding by half in Fiscal Year 2011 and eliminate funding in Fiscal Year 2012 for the Virginia Commission for the Arts; WHEREAS, the Commission currently provides funding for the Arts Council of the Blue Ridge, the City of Roanoke, Community High School, the Harrison Museum of African American Culture, the Jefferson Center Foundation, Opera Roanoke, Roanoke Symphony Orchestra, Southwest Virginia Ballet, and the Taubman Museum of Art, all located in or performing in the City of Roanoke; WHEREAS, eliminating funds to the Commission could amount to a loss of approximately $334,400.00 to these organizations, resulting in the loss of jobs, a reduction in education programs these organizations provide for City students, a reduction or elimination of programs, or the possible closing of these entities; and WHEREAS, these organizations contribute significantly to the City and the entire region. 82 I THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City Council urges the General Assembly to adopt the Senate version of funding for the Virginia Commission for the Arts. APPROVED ATTEST: ~ht.n,q~ Stephanie M. Moon, CMC ; City Clerk I I I I I 83 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38742-031510. A RESOLUTION supporting and urging the collective elected federal representatives of the 1-81 Corridor to join together in obtaining federal recognition for the 1-81 Corridor Coalition, and sponsoring a $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriations Bill. . WHEREAS, the Interstate 81 Corridor ("Corridor") is a national strategically significant transportation thoroughfare through which people and goods pass by highway, rail, and aviation; WHEREAS, 12% of the nation's Gross Domestic Product flows through this Corridor, thereby contributing to a multitude of economic opportunities to communities along the Corridor, while also shielding economic downturns; WHEREAS, the City of Roanoke has 19n9 recognized that a safe, efficient and well-managed Interstate 81 highway corridor is vital to the Roanoke Valley's economy and quality of life; . WHEREAS, in 2006, City Council approved a resolution endorsing and requesting the Commonwealth Transportation Board (CTB) to continue the advancement of corridor improvements,. appropriately balancing freight rail, public transportation, and strategic interstate widening in a manner that will maximize the utilization and efficiency of all transportation modes along the Corridor while minimizing impacts on the environment; WHEREAS, addressing and improving environmental issues such as air quality, both current and future, and addressing and improving highway safety will benefit from inter-regional, corridor-wide and multi-state efforts; WHEREAS, the 1-81 Corridor Coalition ("Coalition") has been formed to collectively and constructively address our mutual concerns and take advantage of our mutual opportunities; and WHEREAS, the Coalition has representation and perspectives from federal, state and local governments, as well as transportation organizations from all six.states in the Corridor: New York, Pennsylvania, Maryland, West Virginia, Virginia, and Tennessee. 84 THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City I Council supports and urges the collective elected federal representatives of the 1-81 Corridor to join together in obtaining federal recognition for this effort, in ,addition to sponsorship of a $1.7 million appropriation through the 2011 Transportation, Housing and Urban Development Appropriations Bill. APPROVED ATTEST: ~ rrt.l'Y)boN Stephanie M. Moon, CMC City Clerk SJ9 fn-.. David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38743-031510. A RESOLUTION authorizing acceptance of the Virginia Department of Health I grant to the City of Roanoke, by the Virginia Department of Health, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Health, a grant in the amount of $9,980.00, with no matching funds required from the City, so that the Roanoke Fire-EMS Department can purchase the Sparky's Hazard House to be used. to teach seniors and children the importance of fire and life safety, such grant being more particularly described in the letter of the City Manager to Council 'dated March 15, 2010. 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 I I I I 85 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Health in connection with the acceptance of the foregoing grant. APPROVED ATTEST: ~m."70d<J Stephanie M. Moon, CMC City Clerk ~rJ~~~__ ~.~ """"- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38744-031510. AN ORDINANCE appropriating funding from .the Commonwealth of Virginia Department of Health for the purchase of fire safety educational materials, 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 Publications and Subscriptions 35-520-3348-2040 $ 9,980.00 Revenues Fire Safety Educational Materials FY10 35-520-3348-3348 9,980.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~YO).Oh~ Stephanie M. Moon, CMd City Clerk Slj~~ Mayor 86 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15th day of March, 2010. No. 38745-031510. AN ORDINANCE to appropriate additional 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 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-Contract Svcs 35-R09-0943-8057 ARRA WIA FY09 Dislocated-Contract Svcs 35-R09-0945-8057 Revenues ARRA WIA Grant FY09 35-R09-0943-2914 $17,883.00 160,944.00 178,827.00 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'lrJ~ Stephanie M. Moon, CMC City Clerk S)t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38746-031510. 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. I "~"'_. I I I 87 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 V-STOP Grant in the amount of $30,948.00, with a local match from the City of $10,316.00, 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 March 15, 2010. 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: ~rYl.ml)cwJ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38747-031510. 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 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: 88 Appropriations Regular Employee Salary ICMA Retirement FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Revenues VSTOP Grant CY201 0 - State VSTOP Grant CY2010 - Local 35-640-3318-1 002 35-640-3318-1115 35-640-3318-1120 35-640-3318-1 "125 35~640~3318-1126 35-640~3318-1130 35-640-3318-1131 35-640-3318-3318 35-640-3318-3319 $ 28,343.00 5,231 .00 2,565.00 4,560.00 280.00 275.00 10.00 I 30,948.00 10,316.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~m.n-,1lMJ Stephanie M. Moon, CMC City Clerk APPROVED @"C&~ David A. Bowers I Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38748-031510. A RESOLUTION authorizing the acceptance of additional funding of an Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible T ANF 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: I I I I 89 1. The Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible T ANF recipients, in the additional amount of $78,166.00, to extend the current program from June 30, 2010, until September 30, 2010, as set forth in the City Manager's letter to Council dated March 15, 2010, is hereby ACCEPTED. 2. The City of Roanoke shall be authorized to be the primary fiscal agent for this grant and shall be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agencies. 3. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds, and to furnish such additional information as may be required in connection with the City's acceptance of these additional grant funds. All such documents shall be approved as to form by the City Attorney. APPROVED ATTEST: ~/Y7.YrJb~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38749-031510. AN ORDINANCE to appropriate additional 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 $78,166.00 Revenues SWVA Regional Employment Coalition FY10 35-630-8861-8861 78,166.00 90 Pursuant to the provisions otSection 12, of the City Charter, the second reading I of this ordinance by title.is hereby dispensed with. APPROVED ATTEST: ~'>>1.I11,~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38750-031510. A RESOLUTION authorizing the acceptance of additional Virginia Department of Transportation (VDOT) Enhancement Grant funding and federal Open Container Grant funding for the Roanoke River Greenway and Tinker Creek Pedestrian Bridge Project; I authorizing the City Manager to execute a Revised Appendix A to the City's 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 Grant funds. 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 in the amount of $250,000.00, which requires a local match in the amount of $62,500.00, for the Roanoke River Greenway and Tinker Creek Pedestrian Bridge Project, all as more particularly set forth in the City Manager's letter dated March 15, 2010, to this Council. 2. The City of Roanoke hereby accepts the additional federal Open Container Grant funds from VDOT in the amount of $1,300,000.00, which requires no local match, for the Roanoke River Greenway and Tinker Creek Pedestrian Bridge Project, all as more particularly set forth in the City Manager's letter dated March 15, 2010, to this Council. I I I I 91 3. The City Manager is hereby authorized to execute a Revised Appendix A to the City's 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 documents necessary to accept the above mentioned additional grant funds, such documents to be approved as to form by the City Attorney. ..4. 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 Grant funds mentioned above, any such additional documents to be approved as to form by the City Attorney. APPROVED ATTEST: ~m.h)nyJ Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38751-031510. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and to transfer funding from the Comprehensive Greenway Trail project and the Dumas Center T-21 Grant 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 State Grant Funds Appropriated from General Revenue Appropriated from State Grant Funds Appropriated from General Revenue Revenues Dumas Center TEA21 Grant 08-530-9825-9007 08-620-9200-9003 08-620-9200-9007 08-620-9753-9003 $(190,000.00) 130,200.00 1,550,000.00 (130,200.00) (190,000.00) 08-530-9825-9806 92 Roanoke River/Tinker Creek Bridge 08-620-9200-9201 TEA21 Grant Federal Transportation Enhancement 08-620-9200-9202 Grant-Roanoke River/Tinker Creek VDOT Open Container Funds Roanoke 08-620-9200-9203 River/Tinker Creek Bridge 190,000.00 I 60,000.00 1 ;300,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ht.rnDwJ Stephanie M. Moon, CM6 City Clerk SbQ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38752~03151 O. I AN ORDINANCE authorizing the City Manager to execute Amendment No.3 to the Roanoke Regional Airport Commission Agreement dated January 28, 1987, among the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission have requested to amend certain terms and conditions contained in an Agreement dated January 28, 1987, among such parties and to have such terms and conditions set forth in an Amendment No.3 to the Agreement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 . The City Manager and the City Clerk are authorized to execute and attest, respectively, in form approved by the City Attorney, Amendment No.3 to the Agreement dated January 28, 1987, among the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission, or an agreement substantially the same as Amendment NO.3 as attached to the City Manager's letter dated March 15, 2010, to this Council, upon the terms and conditions as more particularly set forth in such letter to I this Council, and the copy of Amendment No.3 attached thereto. I I I 93 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, any and all other such documents as are necessary to effect Amendment No.3 to the Agreement dated January 28, 1987, among the City of Roanoke, Roanoke County, and the Roanoke Regional Airport Commission. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~rn.h)~w Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38753-031510. AN ORDINANCE to appropriate funding from the Commonwealth government 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 Professional Development Supplements Social Security Teacher Stipends Social Security Food Teacher Stipends Social Security Teacher Stipends Social Security 302-210-3300-0000-3620-62140-41129-9-01 $9,644.00 302-210-3300-0000-3620-62140-42201-9-01 302-11 0-0000-0390-322D-611 00-41129-3-01 302-110-0000-0390-3220-6,1100-42201-3-01 302-110-0000-0390-3220-61100-46602-3-01 302-110-0000-0400-3220-61100-41129-3-01 302-110-0000-0400-3220-61100-42201-3-01 302-110-0000-0400-3220-61100-41129-3-01 302-110-0000-0400-3220-61100-42201-3-01 738.00 13,005.00 995.00 1,800.00 13,005.00 995.00 13,005.00 995.00 94 Mileage Instructional Supplies Art Supplies Music Supplies Conference Supplies Health/Dental Insurance . Revenues State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts 302-110-0000-1070-3160-61100-45551-3-09 302-110-0000-1070-3160,.61100-46614-3,.09 302-: 11 0-1301-1 070-3.160-611 00-46614-3-09 302-11 0-1306-1 070-316D-611 00-46614-3-09 302-110-1306-1070-3160-61100-46617-3-09 302-110-0000-1000-3050-61100-42204-9-09 302-000-0000-0000-3620-00000-32291-0-00 302-000-0000-0000-3220-00000-32415-0-00 302-000-0000-0000-3160-00000-32220-0-00 302-000-0000-0000-3050-00000-32220-0-00 2,000.00 16.00 (1,500.00) (1,500.00) 5,000.00 5,330.00 10,382.00 43,800.00 4,016.00 5,330.00 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.YT)GtW Stephanie M. Moon, CMC City Clerk I ~cQ.dJ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of March, 2010. No. 38754-031510. AN ORDINANCE to amend 936.2-100, Cqde 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 a certain condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Daniel L. Crandall has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have properties located at 368, 370 and 374 Elm Avenue, S. W., bearing Official Tax Nos. 1020702 through 1020704, rezoned from RM 2, Residential Mixed Density District, to MX, Mixed Use District, subject to a proffered condition. I I I I I 95 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the. matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 15, 2010, 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. 1020702 through 1020704, located at 368, 370 and 374 Elm Avenue, S. W., are hereby rezoned from RM-2, Residential Mixed Density District, to MX, Mixed Use District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amended Application dated January 7,2010. 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,\0Hv\J Stephanie M. Moon,CMC City Clerk ~ David A. Bowers Mayor 96 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15th day of March, 2010. No. 38755-031510. A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 35489-080601, as supplemented by Resolution No. 37373-041706, and under Resolution No. 38205- 081 808 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Reallocation of Amounts Set Forth in Resolution No. 35489-080601. As Supplemented by Resolution No. 37373-041706. (a) The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of "Public Buildingsll the amount of $1,758,392.00 set forth in Resolution No. 35489-080601 adopted by the Council on August 6, 2001, as supplemented by Resolution No. 37373-041706 adopted by the Council on April 17, 2006, for IlLibrariesll. (b) After the reallocation effected pursuantto Section I(a) hereof, Section 2(b) of I Resolution No. 37373-041706 is hereby amended to read as follows: lI(b) After the reallocation effected pursuant to Section 2(a)hereof, the purposes and the amounts of the general obligation public improvement bonds of the City in the principal amount of $31,245,000.00 authorized for issuance under Resolution No. 35489-080601 and the general obligation public improvement bonds of the City in the principal amount of $830,000.00 authorized for issuance under Resolution No. 35736-012202 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvementprojects of and for the City for the purposes and in the amounts set for the below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Crystal Spring Water Filtration Plant Curb, Gutter and Sidewalk Improvements Libraries Public Buildings Schools Stadiums Amount $ 5,445,000.00 5,000,000.00 3,831,608.00 1,758,392.00 4,600,000.00 11,440,000.00 $32,075,000.00" I I I I 97 SECTION 2. Reallocation of Amounts Set Forth in Resolution No. 38205-081808. . (a) The Council hereby reallocates to the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of "Public Buildings" the amount of $565,000.00 set forth in Resolution No. 38205-081808 for "Public Libraries". (b) After the reallocation effected pursuant to Section 2(a) hereof, the purposes and the amounts of the general obligation public improvement bonds of the City in the principal amount of $8,210,000.00 authorized for issuance under Resolution No. 38205- 081808 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Public Schools Public Libraries Public Bridges Streetscape Projects Public Buildings Amount $ 2,500,000.00 1,295,000.00 1,700,000.00 1,150,000.00 1,565,000.00 $8,210,000.00 SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. APPROVED ATTEST: ~:m.~o-w Stephanie M. Moon, CMC City Clerk S:tQ~ David A. Bowers Mayor 98 IN- THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15th day of March, 2010. No. 38756-031510. AN ORDINANCE to de-appropriate funding from bond funds for various projects and to transfer funding from 2002A, 2008A VRA and cash funding to the Police Academy Facilities project, amending and reordaining certain sections of the 2009-2010 Capital Projects, Golf Course and Amphitheater 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, Golf Course and Amphitheater Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Proiects Fund Appropriations Appropriated from 2010 Bond Funds Curb, Gutter, Sidewalk FY1 0 Melrose Avenue Bridge over Peters Creek Road Police Academy Building Appropriated from General Revenue Appropriated from General}Revenue Appropriated from 2010 Bond Funds Appropriated from General Revenue Appropriated from 2002 Bond Funds Appropriated from 2009 Bond Funds Appropriated from 2009 Bond Funds Appropriated from General Revenue 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 Restroom Huff Lane Park Restrooms/Picnic Shelter Fishburn Park Restrooms/Picnic Shelter River Edge Park Athletic Field Irrigation Upgrades Park Paving Projects 08-530-9524-9302 $ (400,000.00) 08-530-9526-9324 1,000,000.00 08-530-9526-9325 08-530-9540-9976 08-530-9575-9003 08-530-9680-9003 08-530-9791-9302 08-530-9823-9003 08-530-9823-9076 08-530-9823-9201 08-530-9823-9301 08-615-9862-9003 08-620-911 3-9302 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 08-620-9702-9320 08-620-9702-9321 400,000.00 3,000,000.00 (61,000.00) (241,000.00) (1,000,000.00) 456,608.00 1,758,392.00 (3,000,000.00) 565,000.00 (154,608.00) (132,600.00) (243,400.00) (312,600.00) (41,400.00) (60,000.00) 132,600.00 243,400.00 I 312,600.00 41,400.00 60,000.00 I I I ( , I Washington Park Pool Improvements Appropriated from 2010 Bond Funds Full Service Branch Library Renovated Branch Opening Day Collection Renovation/Expansion Branch - Gainsboro Renovation/Expansion Branch - Jackson New Storefront Branch Appropriated from 2002 Bond Funds Appropriated from 2009 Bond Funds Appropriated from 2002 Bond Funds Appropriated from 2009 Bond Funds Appropriated from 2002 Bond Funds Appropriated from 2009 Bond Funds Appropriated from 2002 Bond Funds Appropriated from 2009 Bond Funds Appropriated from 2009 Bond Funds Golf Course Fund Appropriations Countryside Golf Course Appropriated from 2010 Bond Funds Amphitheater Fund Appropriations Appropriated from 2010 Bond Funds Elmwood Park Amphitheater 99 08-620-9702-9328 1,910,000.00 08-620-9764-9302 (1,910,000.00) 08-650-9724-931 0 1,000,000.00 08-650-9724-9311 (85,000.00) 08-650-9724-9312 124,000.00 08-650~9724-9313 102,000.00 08-650-9724-9314 69,000.00 08-650:9728-9076 (17,303.00) 08-650-9728-9301 (17,000.00) 08-650-9729-9076 (133,590.00) 08-650-9729-9301 (124,000.00) 08-650-9730-9076 (238,384.00) 08-650-9730-9301 (1,000,000.00) 08-650-9731-9076 (1,369,115.00) 08-650-9731-9301 (69,000.00) 08-650-9747-9301 (565,000.00) 15-300-9345-9328 15-300-9724-9302 1,500,000.00 (1,500,000.00) 16-530-9118-9302 1 6-530-9528-9322 (1,200,000.00) 1,200,000.00 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: ~o~.~.~ City Clerk -SD'-~ David A. Bowers Mayor 100 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15th day of March, 2010. No. 38757-031510. AN ORDINANCE amending of Subsection (d) of 32-104, Levied; rates, Article 111, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Code of the City of Roanoke which provides for a special personal property tax rate for certain motor vehicles which use clean special fuels; 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 Generally. 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 958.1- 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 I 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 tho taxabJo amount the amount due after the State's personal property tax relief (PPTRA) has been applied to the tax. 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: ~ d>7. ~&~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor I I I I 101 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38758-040510. AN ORDINANCE amending 932-284, Levy of tax: amount, Article XIV, Tax on Prepared Food and Beveraqe. Chapter 32, Taxation. of the Code of the City of Roanoke (1979), as amended, by increasing the tax rate on prepared food and beverages from five percent (5%) to seven percent (7%) for two years, providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-284, Levy of tax: amount, Article XIV, Tax on Prepared Food and Beveraqe, Chapter 32, Taxation. of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: 932-284. Levy of tax: amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food sold in the city in or from a restaurant, whether prepared in such restaurant or not and whether consumed on the premises or not, or by a caterer regardless of place of delivery or consumption. The rate of this tax shall be five (5%) percent of the amount paid for such food provided, however, that the rate shall be seven percent (7%) of the amount paid for such food for the period of July 1,2010, until June 30, 2012, at which time the rate will return to five percent (5%). In the computation of this tax, any fraction of one-half cent ($0.005) or more shall be treated as one cent ($0.01 ). 2. Pursuant to 912 of the Roanoke City Charter the second reading by title paragraph is hereby dispensed with. 3. This ordinance shall be in full force and effect on July 1, 2010. APPROVED ATTEST: :~ ml 'rr;o&vJ 3QOJ~ David A. Bowers Mayor Stephanie M. Moon, CMC City Clerk 102 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 5th day of April, 2010. No. 38759-040510. 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 April 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on April 5, 2010, 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 City Attorney, an agreement with I 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 restaurant establishment for a month-to-month term, effective April 1, 2010, not to exceed twelve (12) months, at a rental rate of $1,586.66 per month, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated April 5, 2010. 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. iYJo"'N Stephanie M. Moon, CMC City Clerk SJ) David A. Bowers Mayor I I I I 103 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38760-040510. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2010-2011, 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 2010-2011, in the amount of $9,823,390.00 is hereby approved, all as more particularly set forth in a letter to the City Manager dated March 25, 2010, from Daniel D. Miles, P.E., Chief Executive Officer of the Roanoke Valley Resource Authority, copies of which have been provided to Council. APPROVED ATTEST: ~m. fo)UlJ'nJ , Stephanie M. Moon, CMC City Clerk I David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38761-040510. A RESOLUTION approving the Roanoke Regional Airport Commission's 2010- 2011 proposed operating and capital budget upon certain terms and conditions. 104 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, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the City of Roanoke hereby approves the Airport Commission's 2010-2011 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 17,2010. ' APPROVED ATTEST: ~M. fY)otrrJ' w-QC12~ David A. Bowers Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38762-040510. AN ORDINANCE amending and reordaining Sec,tion 24-97; Possession or consumption of alcoholic beveraqes, of Chapter 24, Public Buildinqs, of the Code of the City of Roanoke (1979), as amended; and dispensing with the ~econd reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24-97, Possession or consumption of alcoholic beveraqes, of Chapter 24, Public Buildinqs, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: * * * I I I I I I 105 (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S. E., across from Fire Station NO.1 (" Century Square"), Mill Mountain Park (including the Discovery Center), Mountain View, aA4-Wachovia Plaza at Market Street, S. E., adjacent to the Market Square Walkway ("Wachovia Plaza"), and Reserve Avenue Park, hereinafter collectively referred to as the "designated park facilities, II under the following conditions: * * * (2) Only section 501 (c) nonprofit organizations under Title 26 of the United States Code may apply for the city's alcohol permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and Wachovia Plaza. Any person or entity may apply for the city's alcohol permit for Mountain View, aM the Discovery Center, and Reserve Avenue Park; * * * 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED ~m,h-y;oyv Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38763-040510. AN ORDINANCE authorizing and providing for the City's acquisition of certain property interests needed to link the existing Roanoke River Greenway from its current terminus near 13th Street to the end of the Tinker Creek Greenway near Kenwood Boulevard, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. ' 106 c 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 any documents required to acquire certain property interests needed to link the existing Roanoke River Greenway from its current terminus near 13th Street to the end of the Tinker Creek Greenway near Kenwood Boulevard, as more particularly set forth in the City Manager's letter to Council dated April 5, 2010, and described as follows: A. A 20' wide and variable width greenway trail easement containing 1.405 acres over land owned by the Western Virginia Water Authority ("Water Authority"), designated as Roanoke City Tax Map No. 4330301 and a portion of Roanoke County Tax Map No. 70.11-01-09, at no cost to the City. Pursuant to Section 29.1-509(E) of the Code of Virginia (1950) as amended, the easement shall provide that the City shall hold the Water Authority harmless for any claims brought against the Water Authority arising out of the use of the easement for trail purposes and pay the reasonable legal fees incurred by the Water Authority arising out of such claims; and B. Dedication of an easement or fee simple interest in a portion of land containing 0.636 acres, dwned by Norsal, LLC, designated as Roanoke City Tax Map No. 4321021. Acceptance of this dedication shall be subject to the return of an acceptable title and environmental report. 2. All documents necessary for these acquisitions 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. ATTEST: APPROVED ~m.Mc)crvJ Stephanie M. Moon, dMC City Clerk I I I I I I 107 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38764-040510. A RESOLUTION authorizing acceptance the donation of a vehicle and equipment awarded to the Roanoke City Police Department by of Virginia Department of Criminal Justice Services, 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 Virginia Department of Criminal Justice Services, the donation of $285,000.00, with no matching funds required from the City, to be used to purchase a Tactical Armored Incidence Response Vehicle (IRV) and personal protective equipment for the tactical team officers in the Roanoke City Police Department. This funding is more particularly described in the letter of the City Manager to Council dated April 5, 201 O~ 2. 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'hJo~ Stephanie M. Moon, CMC City Clerk Q David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ( The 5th day of April, 2010. No. 38765-040510. AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) 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. 108 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 Appropriations Expendable Equipment 35-640-3662-2035 Vehicular Equipment 35-640-3662-9010 Revenues State Homeland Security Grant FY1 0 #3 35-640-3662-3662 $40,000.00 245,000.00 285,000.00 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. lY)oOyv Stephanie M. Moon, CMC City Clerk -9Q~ David A. Bowers Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38766-040510. AN ORDINANCE to transfer funding from the Rose Avenue/Garnand Branch Bridge Renovation project to the Crestmoor Drive/Barnhart Branch Bridge Renovation 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 2009 Bond Funds Appropriated from 2009 Bond Funds 08-530-9617 -9301 08-530-9618-9301 $ 306,716.00 (306,716.00) I' I I I 109 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ttrR~ th. tr]c)~ s;;Q , . David A. Bowers Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL FOR THE CITY CDF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38767-040510. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2010 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, 2010, 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 67.23% tax relief. 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only receive 67.23% tax relief on the first $20,000.00 of value. 110 4. That all other vehicles which. do not meet the definition of "qualifyingU (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. I 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: ~}r,. ~Ol1'YV Stephanie M. Moon, CMC City Clerk 9Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38768-040510. I AN ORDINANCE to appropriate funding from Series 2010A and Series 2010B General Obligation Bonds to the Market Garage project and the Roanoke River Flood. Reduction project respectively, amending and reordaining certain sections of the 2009- 2010 Parking and Capital Pr~jects 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 Parking and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Parking Fund Appropriations Public Parking Facilities 07-540-8262-9286 $ 1,640,000.00 Capital Proiects Fund Appropriations Roanoke River Flood Reduction Revenues General Obligation Bond Proceeds - Par 08-510-9527-9327 2,645,000.00 08-110-1234-1042 2,645,000.00 I I I I 111 Pursuant 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. h70tMJ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of April, 2010. No. 38769-040510. 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 April 5, 2010, 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: ~ nt, n-;o~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor 112 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 19th day of April, 2010. No. 38770-041910. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2010-2011 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 2010-2011 for the operation of RVTV and has requested that the City of Roanoke approve that budget; I WHEREAS, the Committee. is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as provided for in I the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $162,596.00, plus an additional $3,360.00; 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 $359,408.00 for Fiscal Year 2010-2011 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 April 19, 2010, is hereby approved. I I I I 113 2. In accordance with the Committee's request to the City to fund a reduced portion of the RVTV budget mentioned above, the total amount of $165,956.00 (which consists of $162,596.00 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 2010-2011 as requested in the letter to this Council dated April 19, 2010. APPROVED ATTEST: ~M.~o~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor .", ". IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38771-041910. A RESOLUTION authorizing acceptance of the Criminal Justice Information Technology Improvement Grant from the 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 Department of Criminal Justice Services (DCJS), the Criminal Justice Information Technology Improvement Grant in the amount of $41,218.00, with a cash match of $10,305.00, to be used to expand the Roanoke Area Criminal Justice Information Network (RACJIN) to include the information contained in the records management system of the Western Virginia Regional Jail. Such grant is more particularly described in the letter of the City Manager to Council dated April 19, 2010. 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. 114 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: ~h1,hp&Y\J Stephanie M. Moon, CMC City Clerk yC2C:Jf~u,. _ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38772-041910. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Information Technology Improvement Grant Program, amending and reordaining certain sections of the 2009- I 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 Fees for Professional Services Publications & Subscriptions Revenues Inform Tech Improve FY10-State Inform Tech Improve FY10-Local Match Inform Tech Improve FY10-Roanoke County Inform Tech Improve FY1 O-City of Salem Inform Tech Improve FY10-Town of Vinton 35-640-3592-2010 35-640-3592-2040 $38,718.00 2,500.00 35-640-3592-3592 35-640-3592-3593 35-640-3592-3594 35-640-3592-3595 35-640-3592-3596 30,913.00 5,359.00 2,988.00 1 ,443.00 515.00 I I I I 115 ~ Pursuant 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.hr;drrV Stephanie M. Moon, CMC City Clerk SJJ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38773-041910. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of the Department of Motor Vehicle's (DMV) and Virginia Employment Commission's (VEC) electronic information systems, and authorizing execution of an agreement with the DMV and VEC, in connection with such use of their electronic information systems. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council hereby waives its sovereign immunity with regard to the City's use of the Department of Motor Vehicle's and Virginia Employment Commission's electronic information systems, as set forth in the Director of Finance's letter to Council dated April 19, 2010. 2. The City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, agreements relating to the City's use of the Department of Motor Vehicle's and Virginia Employment Commission's electronic information systems. APPROVED ATTEST: ~h1. hJoGYJ Stephanie M. Moon, CMC City Clerk s;QJf~ David A. Bowers Mayor 116 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38774-041910. AN ORDINANCE to transfer funding from the Fallon Park Roofing project to the Virginia Heights Roofing project and the Morningside Roofing project, 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: Appropriations Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds Appropriated from 2010 Bond Funds 31-065-6046-9302 31-065-6049-9302 31-065-6053-9302 $ (17,000.00) 10,000.00 7,000.00 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: ~m, Yv(OllY\l Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38775-041910. A RESOLUTION memorializing the late Florine Luck Thornhill, a longtime resident of the City of Roanoke, and former President of the Northwest Neighborhood Environmental Organization, Inc. I I I I 117 WHEREAS, the Mayor and Members of the Roanoke City Council learned with sorrow of the passing of Ms. Thornhill on Saturday, April 3, 2010; WHEREAS, Mrs. Thornhill was born in Pittsylvania County, Virginia, to the late Benjamin and Hattie Wilson Luck; and was married for 65 years to the late John Thornhill; and was the mother of nine children, several grandchildren and great- grandchildren; WHEREAS, in the 1980's, Mrs. Thornhill and a group of Gilmer residents concerned about the signs of urban decay seen in their neighborhood formed the Northwest Neighborhood Environmental Organization, Inc., a non-profit organization, to improve the quality of life in their neighborhood by working to improve its appearance, crime prevention and &afety, and providing housing for low/moderate income persons; WHEREAS, through Mrs. Thornhill's vision and insight, the Northwest Neighborhood Environmental Organization was one of the first four pilot neighborhoods to join the Roanoke City Neighborhood Partnership; and due in large measure to the efforts of Mrs. Thornhill, her vision and determination,. families returned to the Gilmer , neighborhood to safe and affordable housing; WHEREAS, Mrs. Thornhill was a member of the City's 1985 All America City team and also served on the Roanoke City Neighborhood Partnership Steering Committee, the Henry Street Revival Committee; and was recognized and honored by the Roanoke City Council as the City's 1990 Citizen of the Year; WHEREAS, pursuant to Resolution No. 31962-050294, the Roanoke City Council recognized and commended Mrs. Thornhill and the members of the Northwest Neighborhood Environmental Organization for having a 1994 Presidential Voluntary Action Award bestowed upon them by the President of the United States; WHEREAS, Mrs. Thornhill was a dedicated member of Loudon Avenue Christian Church where she attended faithfully until her health declined; and was known for her spiritual approach to problem solving; and WHEREAS, Mrs. Thornhill always gave without expecting anything in return; she was truly blessed with the vision to see beyond the problem as well as the ability to act in order to achieve her vision; and through her gentle but determined personality, neighborhood residents, City staff and private business leaders enthusiastically assisted her'to achieve her goals. 118 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke I that it adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Florine Luck Thornhill and extends to her family its sincerest condolences. APPROVED ATTEST: ~M. !YjD&vV Stephanie M. Moon, CMC City Clerk ~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38776-041910. A RESOLUTION paying tribute to the Patrick Henry High School Boys' Varsity Basketball Team for its outstanding 2009-10 season, including a Final Four appearance I in the 2010 Virginia High School League Group AAA Boys Basketball State Championship. WHEREAS, this Patriots team, comprised of eight seniors, three juniors, two sophomores, and one freshman, showed great determination by going 7-1 in the tough Western Valley District during the regular season and 21-5 overall; WHEREAS, Patrick Henry won the Western Valley District Regular Season title, the Western Valley District Tournament title, and was the VHSL Northwest Region Tournament Champion; WHEREAS, the Patriots won their quarterfinal Regional Tournament game 57-33 over Albemarle High School, won their Regional semi-final with a 56-35 victory over Manassas's Osbourn High School, and defeated Gar-Field High School of Woodbridge 67-49 to win the Northwest Region Tournament; WHEREAS, Patrick Henry won its State Tournament quarterfinal game over Fairfax County's Langley High School by a score of 58-36, which sent the boys to a Final Four game in Richmond, where they mounted a brave challenge to Petersburg High School's 28-0 Crimson Wave, the team that would go on to lose by just one point in the finals to eventual state champion I.C. Norcom of Portsmouth; I I I I 119 WHEREAS, 2010 marks the first time the Patriots have been to the state tournament since 1992, when they won the title in Charlottesville; and WHEREAS, further honor was conferred upon the team this season by virtue of senior guard Melvin Henderson being named District Player of the Year, Regional Player of the Year, and First Team All State; and coach Jack Esworthy, now in his eighteenth year at Patrick Henry, being named Western Valley District Coach of the Year, Northwest Region Coach of the Year, and State AAA Coach of the Year. 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 Patrick Henry High School Patriots for their participation in the VHSL Group AAA Boys Basketball State Championship Final Four on March 10, 2010. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Patriot's coach, Jack Esworthy. APPROVED ATTEST: ~ fr). fY;OifrJ Stephanie'M. Moon, CMC 'City Clerk ~~~ David A. Bowers Mayor " IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38777-041910. A RESOLUTION recognizing and commending the outstanding performance of the 2009 William Fleming High School Varsity Lady Colonels Basketball Team. WHEREAS, the Lady Colonels and their Head Coach Ronald "Champ" Hubbard proudly and excellently represented their school and the entire Roanoke Valley by capturing the Western Valley District Championship at Franklin County High School on February 19,2010, defeating Halifax County High School by a score of 59-52; 120 WHEREAS, team members Salesse Stovall and Tiasia McGeorge were selected to the 1 st All Western Valley District Team, RyJae Anderson and Erika Coleman were selected to the 2nd All Western Valley District Team, and Salesse Stovall also was the leading scorer in the Championship Game with 22 points; WHEREAS, Tiasia McGeorge was selected as Player of the Year in the Western Valley District; and Sharde Harbor was the team's Most Valuable Player in recognition of her hard work during the season in both practices and games; WHEREAS, the Lady Colonel team is comprised of 13 players -- Tiasia McGeorge, Casey Tench, Tierra Saunders, Aureon Bannister, Sharde Harbor, India Anderson, Keshonda Haynes, RyJae Anderson, Salesse Stovall, Kayla Harvey, Antionette McBride, Erika Coleman, and Lateasha Barbour; and WHEREAS, under the leadership of Head Coach "Champ" Hubbard and assistant coaches, the Lady Colonels always played with great teamwork, confidence, composure and" determination and reflected great credit on the City of Roanoke and finished its season with an outstanding 17-7 record. I NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Council adopts this means of recognizing and commending the outstanding I performance of the 2009 William Fleming High School Varsity Lady Colonels Basketball Team and Coach "Champ" Hubbard and his assistant coaches for their victory in the Western Valley District Regular Season Championship. APPROVED ATTEST: ~/01. fvJo~ Stephanie M. Moon, CMC City Clerk SP~~ David A. Bowers Mayor I I I I 121 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38778-041910. 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, and Ordinance No. 37334-032006, adopted March 20, 2006, to the extent such Ordinance designated certain parcels as a Comprehensive Sign Overlay District, known as the Riverside Center Comprehensive Sign Overlay District, located on or near Reserve Avenue, S. W.; creating a new Comprehensive Sign Overlay District; and dispensing with the second reading of this ordinance by title. WHEREAS, Ordinance No. 37334-032006 created the Riverside Center Comprehensive Sign Overlay District, covering Official Tax Nos. 1031902, 1032001, 1032002, 1032005, 1032006, 1032101, 1032102, 1032103, 1032104, 1023105, 1032106, 1032201,1032203, 1032207,1032208 and 1032209; WHEREAS, subsequent to the adoption of Ordinance No. 37334-032006, properties bearing Official Tax Nos. 1031902; 1032001, 1032002, 1032005, 1032006, 1032101,1032102,1032103,1032104,1032105, 1032106,1032201 and 1032207,and subject to such Ordinance, were subsequently combined and resubdivided into eight parcels, thereby creating new parcels bearing Official Tax, NO$. 1031902, 1032001, 1032201,1032212,1032213,1032214,1032215 and 1032216; , WHEREAS, subsequent to the adoption of Ordinance No. 37334-032006, properties bearing Official Tax Nos. 1032203, 1032208 and 1032209, and subject to such Ordinance, were subsequently combined and resubdivided into four parcels, thereby creating new parcels bearing Official Tax Nos. 1032203, 1032208, 1032209 and 1032210; WHEREAS, Carilion Clinic Physicians, LLC, and Carilion Services, Inc., have filed an application to the Council of the City of Roanoke to amend Ordinance No. 37334-032006, adopted March 20, 2006, to remove the Comprehensive Sign Overlay District from parcels currently bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212,1032213,1032214,1032215 and 1032216 (parcels 99,1,2,3,4,5,6 and 8, Riverside Circle, S.W.), placed on such parcels by the adoption of Ordinance No. 37334-032006, and include those parcels in a new Comprehensive Sign Overlay District, as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010; 122 WHEREAS, the City Planning Commission, which after giving proper notice to all I conc~rned 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 19, 2010, 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 amending of Ordinance No. 37334-032006, adopted March 20, 2006, to remove the Comprehensive Sign Overlay District from parcels currently bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216 (parcels 99, 1, 2, 3,4,5, 6 and 8, Riverside Circle, S.W.), and include those parcels in a new Comprehensive Sign Overlay District, as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010, and for those reasons, is of the opinion that the properties be included within a new Comprehensive I Sign Overlay District as set forth in the Zoning Amended Application No. 2 dated March 24, 2010. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 37334-032006, adopted March 20, 2006, is hereby amended to remove the Comprehensive Sign Overlay District from parcels currently bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216 (parcels 99, 1, 2, 3, 4, 5, 6 and 8, Riverside Circle, S.W.), and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. That a new Comprehensive Sign Overlay District, as set out in the "Comprehensive Signage Plan for Riverside Center East, Roanoke City," dated March 15, 2010, and in the Zoning Amended Application NO.2 dated March 24, 2010, is approved and placed on the subject properties bearing Official Tax Nos. 1031902, 1032001, 1032201, 1032212, 1032213, 1032214, 1032215 and 1032216, so that such properties will be zoned INPUD and included in such Comprehensive Sign Overlay District, and that 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. I I I I 123 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: ~ fh. hJutvJ Stephanie M. Moon, CMC City Clerk ~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38779-041910. 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. 30039-52190, adopted May 21, 1990, to the extent that it placed certain conditions on properties located on Ridgefield Street, N. E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and by placing new proffers on the subject properties; and dispensing with the second reading by title of this ordinance. WHEREAS, Homer Yandle has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 30039-52190', adopted May 21, 1990, to the extent that it placed certain conditions on properties located on Ridgefield Street, N. E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and replacing them with new proffers; WHEREAS, the City Planning Commission, after 'giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 19, 2010, 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 124 WHEREAS, this Council, after considering the aforesaid application, the I 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, requires the repealing of Ordinance No. 30039-52190, adopted May 21, 1990, to the extent it placed certain conditions on properties located on Ridgefield Street, N.E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and replacing them with new proffers; and is of the opinion that the conditions now binding upon the subject properties, should be repealed and replaced as requested, and that such properties be zoned 1-1, Light Industrial District, with proffers as set forth in the Zoning Amended Application No. 1 dated February 22, 2010. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 30039-52190, adopted May 21, 1990, to the extent it placed certain conditions on properties located on Ridgefield Street, N. E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 2. That proffers set forth in the Zoning Amended Application No. 1 dated February 22, 2010, are accepted and placed on properties located on Ridgefield Street, I N. E., bearing Official Tax Nos. 3121408, 3121409, and 3121414, and that such properties be zoned 1-1, Light Industrial District, with conditions proffered by the applicant, and that 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 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.ryvyv Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor I I I I 125 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38780-041910. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of an approximately 7,000 square foot parcel of City-owned property, being a lot on Gilmer Avenue, N. E., Roanoke, Virginia, bearing Official Tax No. 3012826, to Anstey Hodge Advertising Group, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on April 19, 2010, 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 an approximately 7,000 square foot parcel of City- owned property, being a lot on Gilmer Avenue, N. E., Roanoke, Virginia, bearing Official Tax No. 3012826, to Anstey Hodge Advertising Group, Inc. for the purchase price of $5,200.00, with the proceeds from the sale to go towards the Economic and Community Development Reserve Fund, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated April 19, 2010. 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: ~th, /Y;uwJ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor 126 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of April, 2010. No. 38781-041910. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Gone CoCo, L.L.C., for approximately 742 square feet of space in the City Market Building for a month-to-month term, effective May 1, 2010, not to exceed twelve (12) months; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on April 19, 2010, 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 City Attorney, an agreement with Gone CoCo, L.L.C., 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, I for a month-to-month term, effective May 1, 2010, 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 April 19, 2010. 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 h];vvv Stephanie M. Moon, CMC City Clerk ~~~ David A. Bowers Mayor I I I I 127 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of April, 2010. No. 38782-041910. AN ORDINANCE approving an Amendment No. 1 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.1; 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 such Amendment No.1; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Buyer entered into aoContract dated April 27, 2009, for the Purchase and Sale of Real Property (Contract), being the City-owned former YMCA facility located at 425 Church Avenue, S. W., Roanoke, Virginia 24016 (Tax Map Numbers 1011206, 1011209, and 1011210), as authorized by Ordinance No. 38429- 042009 ; WHEREAS, the Buyer has requested that certain terms and provisions of the Contract be amended, changed, or modified as more fully described in a letter dated April 19, 2010, from the City Manager to this Council and as set forth in the proposed Amendment No. 1 attached to such letter; and WHEREAS, City staff recommends that City Council approve the requested Amendment No. 1 and authorize the proper City offiCials to execute such Amendment NO.1. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the requested amendment, changes, or modifications to certain terms and provisions of the Contract dated April 27, 2009, , between the City and the Buyer, as those items are more fully described in the above mentioned City Manager's letter dated April 19, 2010, to this Council and as set forth in the proposed Amendment No. 1 attached to such letter. 2. The City Manager is authorized on behalf of the City to execute an Amendment NO.1 to the Contract dated April 27, 2009, providing for amendments, changes, or modifications to the terms and provisions of such Contract as more fully set forth in the above mentioned City Manager's letter to this Council, upon certain terms and conditions as set forth in such letter and the attached Amendment No. 1 to that letter. Such Amendment No. 1 may also contain any other terms and conditions as the City Manager may deem to be in the best interest of the City and shall be in a form approved by the City Attorney. . 128 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 Contract and of the Contract itself. I 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: ~0f'7o~ Stephanie M. Moon, .CMC' City Clerk . .3 David A. Bowers Mayor I I I I I 129 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2010. No. 38783-050310. 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 $170,088.00 for a one year period, beginning July 10, 2010 through July 10, 2011; and authorizing the execution of the necessary documents.' BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Shelter Plus Care Renewal Grant Award from the U. S." Department of Housing and Urban Development, in the amount of $170,088.00 for a one year period, beginning July 10, 2010 through July 10, 2011, to provide rental assistance and supportive services to disabled homeless individuals and their families, as more particularly set forth in the May 3, 2010, 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 furriish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~Ool''looJ Stephanie M. Moon, CMC City Clerk $;;)Q~ David A. Bowers Mayor v ~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I 130 The 3rd day of May, 2010. No. 38784-050310. r 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 FY11 35-630-5301-2159 $ 170,088.00 35-630-5301-5301 170,088.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading I of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 'm~~ Stephanie M. Moon, CMC City Clerk ~'Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2010. No. 38785-050310. A RESOLUTION accepting the Virginia Department of Emergency Management HAZMAT Grant to the City from the Virginia Department of Emergency Management I (VDEM), and authorizing executiSln of any required documentation on behalf of the City. I I I 131 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept the Virginia Department of Emergency Management HAZMAT Grant offered by the Virginia Department of Emergency (VDEM) in the amount of $27,500.00, with no matching funds from the City, upon all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the letter of the City Manager to Council, dated May 3, 2010. 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 . ~A~T~TEE~S: / ~CkA-vm. ~ Stephanie M. Moon, CMC City Clerk ~-Qas~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2010. No. 38786-050310. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of Hazardous Material Team equipment, amending and reordaining certain sections of the 2009-2010 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 132 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 SHS Haz Mat Team, Equipment FY10 35-520-3534-2035 $ 27,500.00 35-520-3534-3534 27,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~\Y\ O~ Stephanie M. Moon, ~ City Clerk ~J\C~..v.. ... .;::;!J~ -- --, David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2010. No. 38787-050310. AN ORDINANCE amending and reordaining Section 14.1-16, Placement for collection aenerallv, of Chapter 14.1, Solid Waste Manaaement, of the Code of the City of Roanoke (1979), as amended, by amending subsection (d) and adding a new subsection (d) (4); 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 Manaaement, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: I I I I I I 133 Sec. 14.1-16. Placement for collection generally. * * * (d) Any person who is physically unable to transport all refuse and recyclables generated by all persons residing in a dwelling unit to the locations described in subsections (a) and (b) of this section may apply for physically challenged service on a form acceptable to the City Manager. * * * (4) Physically challenged service shall be available to citizens for a term of no more than twelve (12) months from the date of approval by the City Manager. Any person receiving physically challenged service may apply for additional twelve (12) month terms pursuant to this subsection (d), if such person remains otherwise qualified for such service, and provides an updated physician's certification acceptable to 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' ~moYJ~ ~~CL~ David A. Bowers Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I 134 The 3rd day of May, 2010. No. 38788-050310. AN ORDINANCE approving an Amended Deed between the City of Roanoke, Virginia (City) and Blue Hills Village, LLC, (Blue Hills), that modifies a prior Deed dated October 11, 2006, between the parties as set forth below; authorizing the City Manager to execute such Amended Deed; authorizing the City Manager to execute such further documents and take such further action as may be necessary to accomplish the above matter; and dispensing with the second reading by title of this Ordinance. WHEREAS, by Deed dated October 11, 2006, by and between the City and Blue Hills, authorized by Ordinance No. 37502-080706, recorded in the Circuit Court Clerk's Office for the City of Roanoke, Virginia, as Instrument No. 060016863, Pages 0398-0421, the City conveyed to Blue Hills certain real property located in the Roanoke Centre for Industry and Technology (RCIT), located at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., and identified as Tax Map No. 7160113, which property was subsequently subdivided into seven lots with Tax Map Nos. 7160115,7160116,7160117,7160118,7160119, 7160120, 7160121, subject to certain I terms and conditions set forth in a Contract for the Purchase and Sale of Real Property between the City and Blue Hills dated August 9, 2006, which was made an Exhibit to the Deed of October 11,2006; WHEREAS, the above Deed, by virtue of the Contract attached as Exhibit 1, required Blue Hills to develop the property in substantial conformity with the Blue Hills Village Concept Plan dated March 13, 2006, which was attached to the Contract as Exhibit 1 ; WHEREAS, Blue Hills has requested that the City amend the Deed to provide for the substitution of the original Blue Hills Village Concept Plan dated March 13, 2006, with a Revised Concept Plan titled "Blue Hills Village Revised Concept Plan" dated April 15, 2010, the purpose of such Revised Concept Plan being to allow Slue Hills to place a daycare facility on Lot 8 of the Revised Concept Plan instead of on Lot 7 and an office building on Lot 7 instead of on Lot 8; and WHEREAS, City staff recommends that City Council approve the Amended Deed and authorize the City Manager to execute such Amended Deed. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I I I I 135 1 . City Council hereby approves the Amended Deed between the City and Blue Hills as set forth above and as more fully described in the City Manager's letter dated May 3, 2010, to this Council and as set forth in the proposed Amended Deed attached to such letter. 2. The City Manager is authorized on behalf of the City to execute an Amended Deed that will provide for the substitution of the original Blue Hills Village Concept Plan dated March 13, 2006, with a Revised Concept Plan titled "Blue Hills Village Revised Concept Plan" dated April 15, 2010, all as more fully set forth in the above mentioned City Manager's letter to this Council, upon certain terms and conditions as set forth therein. Such Amended Deed shall be substantially similar to the one attached to the above mentioned City Manager's letter and in a form approved by the City Attorney. 3. The City Manager is further authorized to execute such further documents and take such further action as may be necessary to accomplish the above matter and to complete the substitution of the Blue Hills Village Revised Concept Plan dated April 15, 2010, and to provide for the implementation, administration, and enforcement of the terms and provisions of such Amended Deed. 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 SJ Q.~~ David A. Bowers Mayor '(Y), OO{o~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2010. No. 38789-050310. AN ORDINANCE to appropriate funding from the, Commonwealth to the Department of Social Services, amending and reordaining certain sections of the 2009- 2010 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. 136 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 Refugee Resettlement Special Needs Adoption Subsidized Adoption Daycare Services 01-630-5313-3150 01-630-5314-3130 01-630-5314-3155 01-630-5314-3159 $ 27,650.00 333,960.00 227,750.00 668,550.00 Revenues Foster Care Refugee Program Day Care 01-110-1234-0675 01-110-1234-0679 01-110-1234-0686 561,710.00 27,650.00 668,550.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ~~ David A. Bowers Mayor , )no rlDnrJ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2010. No. 38790-050310. AN ORDINANCE authorizing the conveyance of a permanent, variable width above ground and underground utility easement across City-owned property located at 1920 Orange Avenue, N. W., designated as Tax Map No. 2322001, to the Western Virginia Water Authority, 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: I I I I I I 137 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 permanent, variable width above ground and underground utility easement across City-owned property located at 1920 Orange Avenue, N. W., designated as Tax Map No. 2322001, to the Western Virginia Water Authority, to construct, install and thereafter maintain a water vault to provide water 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 May 3, 2010. 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 ~Q~ David A. Bowers Mayor . -. D1~oo.J Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2010. No. 38791-050310. 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 Goodwill Industries of the Valleys, Inc. ("Goodwill") for job creation activities. WHEREAS, by Resolution No. 38083-051208, the Council of the City of Roanoke, Virginia ("Council"), approved the 2008-2009 Annual Update to the Consolidated Plan for submission to the U.S. Department of Housing and Urban Development ("HUD"), including funding for the Subgrantee's 2008-2009 activities to be assisted with Community Development Block Grant ("CDBG") funds; 138 WHEREAS, by Resolution No. 38135-061608 and by Budget Ordinance No. 38136-061608, Council accepted and appropriated the 2008-2009 CDBG funds; WHEREAS, pursuant to the foregoing and in accordance with 92-124 of the City Code, as amended, whereby the City Manager is authorized to execute subgrant agreements not exceeding Seventy-Five Thousand Dollars ($75,000.00) in value, the Grantee and Subgrantee executed a Subgrant Agreement (the "Agreement"); and WHEREAS, under such section of the City Code the City Manager is authorized to execute amendments to subgrant agreements not exceeding Twenty-Five Thousand Dollars ($25,000.00) in value, the Grantee and Subgrantee mutually agreed to execute Amendment No. 1 to the Agreement, which extended the end date of the Agreement to June 30, 2010. 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 Subgrant Agreement with Goodwill, 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 May 3, 2010. . . APPROVED h~ > .~ rn':10wJ Stephanie M. Moon, CMC City Clerk ~CWM.V David A. Bowers Mayor. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of May, 2010. No. 38792-050310. A RESOLUTION appointing Annette Lewis and Suzanne P. Moore as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2010, and ending June 30, 2013. I I I I I I 139 WHEREAS, pursuant to 99-24, Code of the City of Roanoke (1979), as amended, a public hearing was held April 19, 2010, relating to the appointment of School Board Trustees; and WHEREAS, this Council is desirous of appointing Annette Lewis and Suzanne P. Moore to fill the vacancies on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Annette Lewis and Suzanne P. Moore, are hereby appointed as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2010, and ending June 30, 2013. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk of Roanoke City School Cindy Poulton, and to Annette Lewis and Suzanne P. Moore. APPROVED A~ ~Phani:;:~~~~~ City Clerk ~Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38793-051010. AN ORDINANCE amending Section 20-89(b), Penalties for unlawful parkina, Division 3, Duties of Police Officers: Penalties for Unlawful Parkina, Article IV, Stoppina. Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended in order to increase the fine for certain parking violations; 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: 140 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 20-89(b), Penalties for unlawful parkinq, Division 3, Duties of Police Officers: Penalties for Unlawful Parking, Article IV, Stopping, Standing and Parkinq, of Chapter 20, Motor Vehicles and Traffic, to read and provide as follows: Sec. 20-89. Penalties for unlawful parking. (a) It shall be unlawful and shall constitute a parking violation, unless otherwise designated as a misdemeanor, for any person to violate any of the provisions of division 1 of this article. (b) Written notice from a police officer for violation of division 1 of this article and penalties. (1 ) Every person receiving written notice from a police officer that he has violated any of the sections of division 1 of this article may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of his office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefor has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: Column 1 Column 2 Column 3 Section Violation Penalty Penalty If paid within 15 days of the If paid after 15 days of the issuance by an officer of a issuance by an officer of a notice of violation notice of violation 20-65(3); 20-65(6); 20- $10.00 $25.00 65(7); 20-65(10); 20-65(12); 20-65(13); 20-70; 20-72 ; 20-73 or 20-75 I I I I I I 141 20-65(14) or 20-68 Warning N/A First violation Ticket 20-65(14) or 20-68 .:t.&QQ 20.00 ~ 35.00 Second violation, but the first violation on that calendar day 20-65(14) or 20-68 30.00 45.00 Second violation on the same calendar day .. 20-65(14) or 20-68 45.00 60.00 For the third or more violation on that calendar day 20-69 ( except subsection 20.00 20.00 (i)) 20-65(1 ); 20-65(2); 20- 20.00 35.00 65(5); 2Q-65(8); 20-65(9); 20-66; 20-67; or 20-71 20-65(15) 25.00 40.00 20-65(4) 50.00* 65.00 20-74 50.00 65.00 20-69(i) or 20-76 125.00 140.00 * Includes $30.00 processing fee. . (2) If the applicable penalty listed in Column 2 is not paid within fifteen (15) days of the issuance by an officer of a notice of violation, then the applicable penalty listed in Column 3 shall apply. A late notice shall be sent by the city's department of billings and collections to the violator. Any violator to whom such late notice is sent may pay the applicable penalty listed in Column 3 above within fifteen (15) days of the date of such late notice. If the violator does not pay the penalty pursuant to such late notice and if the city elects to pursue enforcement of the unsettled parking violation notices through the courts, a law enforcement notice pursuant to 9 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's department of billings and collections to the violator. * * * 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 142 3. This ordinance shall be in full force and effect on and after July 1, 2010 APPROVED ATTEST: ~m.'rr)~ Stephanie M. Moon, CMC City Clerk s;)-QG1~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38794-051010. AN ORDINANCE amending and reordaining Section 20-90, Immobilization of motor vehicles aaainst which there are outstandina parkina violations, Division 3, Duties of Police Officers: Penalties for Unlawful Parking, Article IV, Stoppina. Standina and Parkina, of Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; pertaining to charging a "boot" removal fee on 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 aaainst which there are outstandina parkina violations, Division 3, Duties of Police Officers: Penalties for Unlawful Parkina, Article IV, Stoppina. Standina and Parkina, 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 against which there are outstandina parkina violations. * * * I I I I I I 143 (f) The owner of a removed or immobilized motor vehicle, or other person acting on his behalf, shall be permitted to repossess or to secure the release of the vehicle by payment of the outstanding parking violation notices for which the vehicle was immobilized and by payment of a boot removal fee of twenty-five dollars ($25.00) representing the all costs incidental to the immobilization, aRfi the payment for any storage of the vehicle, and payment of the cost incidental to the efforts to locate the owner of the vehicle. * * * 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, 2010. APPROVED ATTEST: ~m-7Y)o~ Stephanie M. Moon, CMC City Clerk ?'Qa:r~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38795-051010. A RESOLUTION amending the Fee Compendium to adjust fees for plumbing (water/sewer affidavits), existing elevator inspections, cross connection inspections, amusement devices inspections, and to establish new fees for coasters inspections, 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 changes in descriptions and fees: 144 TYPE DESCRIPTION CURRENT NEW NEW AMOUNT DESCRIPTION AMOUNT Plumbing Affidavits in lieu $0.01 to $1,000.00 - Affidavits in $45.00 (Water/Sewer of inspection of $45.00 lieu of Affidavits) replacement $1,000.01- inspection of water/sewer $2,000.00 - $50.00 replacement lines up to $2,000.01- water/sewer $2,500.00 total $2,500.00 - $55.00 lines up to valuation of $2,500 total construction valuation of construction Existing Re-Certification Elevators Permit $25.00 renewed $45.00 Must be (renewed every annually inspected by V A six months) state qualified elevator inspector Cross New Installation $50.00 Connection Annual $35.00 Initial $45.00 (per Certification inspection and device)Must be annual inspected by V A certification state qualified cross-conection device worker. Amusement Kiddie Rides $15.00 $25.00 Devices These Major Rides $25.00 Circular ride or $35.00 fees are flat-ride less mandated by than 20 feet in the Virginia heiqht Amusement Spectacular $45.00 Ride which $55.00 Device Rides cannot be Regulations inspected as a circular ride or flat-ride due to complexity or heiqht Coasters NONE Ride that $150.00 exceeds 30 feet in heiqht I I I I I I 145 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, 2010. APPROVED ATTEST: t,,~h1. h}uwJ Stephanie M. Moon, CMC City Clerk Ci\~a?~.~ ~avid A. Bowers M~yor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38796-051010. A RESOLUTION providing for adjustment of fees charged by the Fire/Emergency Medical Services Department for fireworks and bonfire permits, and to establish a new fee for retail sales permits for fireworks, 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. 35862-051302, adopted May 13, 2002, effective as of that date, as since amended, shall be amended to reflect the following fees. - FEE CURRENT AMOUNT NEW AMOUNT Fireworks Permits $45.00 each $ 250.00 each Bonfire Permits $45.00 each $ 45.00 each Fireworks Retail Sales Permits NONE $ 250.00 each 146 2. Resolution No. 35862-051302 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 be effective July 1, 2010 and shall remain in effect until amended by this Council. APPROVED ATTEST: ~ 1lt.000()o-rJ Stephanie M. Moon, CMC City Clerk ~QfPt7. ...A.A....... .;;:::p VJl - - - ... David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38797-051010. AN ORDINANCE amending Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, by the addition of a new 91-24, Assessment of court costs to defray expenses, providing for assessment by the City of a fee to be used for such purposes as may be permitted by Section 17.1-281, Code of Virginia (1950), as amended; dispensing with the second reading of this ordinance; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 1, General Administration, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the addition of a new 91-24, Assessment of court costs to defray expenses, to read and provide as follows: I I I I I I 147 Sec. 1-24. Assessment of court costs to defray expenses as permitted. A fee of $2.00 is hereby imposed as costs on each civil action filed in the district and circuit courts of the City, to be used for such purposes as may be permitted by Section 17.1-281, Code of Virginia (1950), as amended. The clerks of the district and circuit courts shall charge and collect this assessment as a part of the fees taxed as costs, and remit the same to the treasurer, to be held by the treasurer subject to disbursements by City Council for the purposes permitted by Section 17. 1-281 of the Code of Virginia. 2. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. 3. This ordinance shall be in full force and effect on and after July 1, 2010. APPROVED ATTEST: 9'Q~ David A. Bowers Mayor -, 'hi 00jt>><J Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38798-051010. A RESOLUTION amending the Fee Compendium to adjust a current fee and create a new fee for map prints, 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 changes in fees for map prints: 148 TYPE DESCRIPTION CURRENT NEW AMOUNT AMOUNT Map Size 26" x 36" black copy $3.00 $6.00 24" x 36" color copy NONE $60.00 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, 2010. APPROVED ATTEST: ~h1.~wJ Stephanie M. Moon, CMC City Clerk ~~. ~......~ ~ ~"^'-~' __n_ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38799-051010. A RESOLUTION providing for adjustment of fees charged by the Library Department for overdue fines, as set out below; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. Overdue Fines of the Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 30526-052091, adopted May 20, 1991, effective as of that date, as since amended, shall be amended to reflect the following fees. I I I I I I 149 FEE CURRENT AMOUNT NEW AMOUNT Adult Materials $ ~ 10 per day/$5.00 $ .20 per day/$5.00 maximum maximum Adult Paperbacks $ .10 per day/$5.00 $ .20 per day/$1.00 maximum maximum Children and Young Adult $ .05 per day/$1.00 $ .20 per day/$5.00 Materials maximum maximum J- Y A Paperbacks $ .05 per day/$5.00 $ .20 per day/$1.00 maximum maximum Videos and DVDS $1.00 per day/$5.00 $1.00 per day/$5.00 maximum maximum Homebound and Deposit NONE NONE Collections 2. Resolution No. 30526-052091 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 be effective July 1, 2010 and shall remain in effect until amended by this Council. APPROVED ATTEST: A~!o, .arpJ Stephanie M. Moon, CMC City Clerk 9~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38800-051010. A RESOLUTION providing for adjustment of fees charged by the Library Department for damaged or lost library materials, as set out below; and establishing an effective date. 150 BE IT RESOLVED by the Council of the City of Roanoke that: 1. Damaged or Lost Library Materials of the Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 30526-052091, adopted May 20, 1991, effective as of that date, as since amended, shall be amended to reflect the following fees. FEE CURRENT AMOUNT NEW AMOUNT Replace Library Card $1.00 $1.00 MissinQ Barcode $.25 $.25 Lost or fully damaged item Retail Cost Cost of item + processing Replacement Cost fee of $1.00 for paperbacks and magazines and $5.00 for all other items Lost Cassette from Multitape Title NONE $6.00 + $1.00 processing fee Lost CD from Multidisc Title NONE $7.00 + $1.00 processing fee Damaged/Lost Video or DVD $1.00 $1.00 Case Damaged/Lost Audiocassette $1.00 $1.00 Case Damaged/Lost Audiobook Case: 2-pocket case: $2.00 2-pocket case: $2.00 6-pocket case: $3.00 6-pocketcase:$3.00 10-pocket case: $4.00 10-pocket case: $4.00 Damaged/Lost CD or Cassette $1.00 $1.00 Case Lost Blue Cassette Pouch $.50 $.50 Sleeve for Book CD's NONE $.50 Bindery $6.00 $8.00 for standard NONE rebinding $8.75 for dustie (book with dust jacket or trade paperback) 2. Resolution No. 30526-052091 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. I I I I I I 151 3. The fees established by this Resolution shall be effective July 1, 2010 and shall remain in effect until amended by this Council. APPROVED ATTEST: .~m.n;~wJ Stephanie M. Moon, CMC City Clerk O\)~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38801-051010. A RESOLUTION providing for the establishment of certain fees as set out below to be charged for after hour use of the community rooms at the Jackson Park branch and the Gainsboro branch of the Roanoke City Public Libraries; providing for an effective date; and directing amendment of the' Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees for after hour use of the community rooms at the Jackson Park branch and the Gainsboro branch of the Roanoke City Public Libraries for City residents will be $50.00 per hour and for all others will be $100.00 per hour. 2. Neighborhood organizations shall be exempt from the fees authorized by this resolution. For purposes of this exemption, "neighborhood organizations" shall be defined as those nonprofit organizations that are organized and formed for the purpose of promoting the public awareness, interests and advancerrient of a specific geographic area located within the City of Roanoke, and are recognized by the City of Roanoke as constituting a neighborhood organization. 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the new fees to be charged by the Roanoke City Public Libraries for the use of such community rooms. 4. This Resolution shall be in full force and effect on and after July 1, 2010. I 152 APPROVED ATTEST: ~Yh.n;u~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38802-051010. A RESOLUTION amending the Fee Compendium to adjust current fees and create new fees for use of Roanoke City Market Spaces (formerly Farmers' Market I Curbage Rentals), 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, and hereby is, amended to reflect the following new changes in the descriptions and fees for the use of spaces at the Roanoke City Market: I I I I 153 FEE SCHEDULE FOR USE OF SPACES AT THE ROANOKE CITY MARKET TYPE CURRENT CURRENT NEW NEW DESCRIPTION AMOUNT DESCRIPTION AMOUNT Daily Permit Sunday through $10.00 per Sunday through $10.00 per Thursday space per day Thursday space per (excluding day ($5 to holiday qreens) promotions) Friday and Saturday $15.00 per Friday and $20.00 per space per day Saturday space per (excluding day ($10 to holiday Qreens) promotions) Primary/ Six Month Permit $35.00 per $45.00 per Shared space per ----------- space per Permit month ($10.00 month to promotions ($12.00 to per month) promotions per month) Single Month Permit $40.00 per Market. Square $35.00 per (Being eliminated and space per Permit- Monthly space per replaced by adding a . month only permits (six month new Market Square during the month minimum) ($9.00 to Permit) months of only in parking promotions January spaces per month) through designated as October vendor spaces in ($15.00 to East & West promotions Market Square per month) Saturday Only Permit $40.00 per $55.00 per Six month minimum space per ----------- space per month ($15.00 month to promotions ($20.00 to per month) promotions per month) Holiday Season $75.00 per Holiday Season $135.00 154 Permit space per Permit per space (November 1 through month ($25.00 (November 1 per month December 31) Two to promotions through ($34.00 to month per month) December 31) promotions minimum Two month per month) minimum for holiday greens Spreading ----------------- $5 per space -------------- $5 per Fee per day space per day ($5 to promotions) Cleanup Fee Actual cost of Actual cost of $25 Minimum $25.00 cleanup per Section cleanup charge or the minimum VIII (C) of the actual cost of charge or Handbook any cleanup, the actual whichever cost of any amount is cleanup, greater per whichever Section VIII (C) amount is of the Handbook greater (with all monies collected deposited into the general market fund) 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. I I I I I I 155 4. This Resolution shall be in full force and effect on July 1 , 2010. APPROVED ATTEST: ~M'hJb~ Stephanie M. Moon, CMC . City Clerk QQ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38803-051010. 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, 2010, and ending June 30, 2011; 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, 2010, and ending June 30, 2011, shall constitute General, Civic Facilities, Parking, Market Building, Department of Technology, Fleet Management, 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: 156 General Fund Revenues General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental Revenue - State & Federal Charges for Current Services Miscellaneous Total Revenues Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk Magistrate General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney Cost Collections Unit City Council Mayor Bowers Vice-Mayor Trinkle Council Member Lea Council Member Bestpitch Council Member Price $2,334,982.00 13,944,284.00 $ 1,610,894.00 77,040.00 $ 198,100.00 13,787.00 4,696.00 4,696.00 4,696.00 4,696.00 $101,962,000.00 71,628,000.00 1,037,000.00 1,606,000.00 173,000.00 66,405,000.00 10,025,000.00 527,000.00 $253,363,000.00 $ 1,033,148.00 1,478,029.00 1,416,531.00 28,145.00 2,312.00 26,871 .00 474,218.00 1,004,663.00 16,279,266.00 1,687,934.00 I I I I 157 Council Member Rosen 4,696.00 Council Member Ferris 4,696.00 240,063.00 City Attorney 870,386.00 City Clerk 487,011.00 Municipal Auditing 695,173.00 Department of Finance $ 1,892,655.00 Office of Billings and Collections 647,425.00 Real Estate Valuation 1,027,451.00 Board of Equalization 11,514.00 3,579,045.00 Residual Fringe Benefits 2,864,750.00 Miscellaneous 100,000.00 Transfers to School Fund 68,365,461.00 Transfers to Greater Roanoke Transit Company 1,176,105.00 Transfers to Debt Service Fund 20,543,833.00 I Transfer to Other Funds 4,906,100.00 Budget Stabilization Reserve 250,000.00 Electoral Board 313,577.00 Office of Communications 428,717.00 City Manager 809,353.00 Roanoke Arts Commission 258,926.00 Economic Development 1,824,679.00 Memberships and Affiliations 1,558,741.00 Personnel Lapse (2,052,246.00) Contingency 2,671,929.00 Department of Management and Budget 528,604.00 Human Resources $1,007,113.00 Employee Health Services 593,000.00 1,600,113.00 E911 Center $2,203,304.00 E911 Wireless 600,000.00 2,803,304.00 I Director of General Services and $192,559.00 Sustainability 158 I Management Services 76,872.00 Purchasing 489,417.00 758,848.00 Building Maintenance $4,291,487.00 Custodial Services 740,283.00 5,031,770.00 Fire Administration $875,154.00 Fire Support 914,889.00 Fire Operations 14,264,626.00 Emergency Management 91,484.00 Emergency Medical Services 1,366,801.00 17,512,954.00 Director of Public Works $164,491.00 Solid Waste Management 6,270,421.00 Transportation - Streets and Traffic 4,961,572.00 Transportation - Paving 2,682,111.00 Transportation - Snow Removal 110,280.00 Transportation - Street Lighting 1,15p,989.00 I Transportation - Engineering & Operations 1,629,605.00 Environmental Management 190,777.00 Engineering 1,480,739.00 18,645,985.00 Planning and Development $1,246,533.00 Building Inspections ,749,262.00 Neighborhood Support 92,758.00 Neighborhood Services 1,232,876.00 3,321,429.00 Parks $2,585,964.00 Parks & Recreation Administration 1 ,494,173.00 School Playground Services 114,751.00 Recreation 1,476,374.00 5,671,262.00 Director of Human Services/Social Services $1,380,686.00 Benefits 5,462,137.00 Social Services - Services 15,828,372.00 Employment Services 1,576,807.00 Foster Parent Training 175,504.00 I Human Services Support 302,878.00 24,726,384.00 I 159 Virginia Institute for Social Services Training Activities 295,485.00 Youth Haven $653,710.00 Outreach Detention 250,021.00 903,731.00 Health Department 1,675,403.00 Mental Health 448,890.00 Human Services Committee 430,582.00 Comprehensive Services Act (CSA) 11,176,087.00 CSA - Administration 157,522.00 Virginia Cooperative Extension Service 63,800.00 Police Administration $569,977.00 Police Investigation 3,692,731.00 Police Patrol 12,010,319.00 I Police Services 3,181,446.00 Police Training 530,376.00 Police Animal Control 1,092,319.00 21,077,168.00 Libraries $3,099,514.00 Law Library 111,445.00 3,210,959.00 Total Appropriations $253,363,000.00 Civic Facilities Fund Revenues Operating $2,621,594.00 Non-Operating 1,977,100.00 Total Revenues $4,598,694.00 Appropriations I Operating Expenses $3,258,924.00 Debt Service 1,339,770.00 Market Buildinq Fund Revenues Operating Non-Operating Total Revenues $34,325.00 94,500.00 $128,825.00 Appropriations Operating Expenses Total Appropriations $128,825.00 $128,825.00 I I 161 Department of TechnoloQv Fund Revenues Operating Total Revenues $5,383,027.00 $5,383,027.00 Appropriations Technology - Operating Capital Outlay Debt Service Radio Technology Total Appropriations $4,056,188.00 217,056.00 540,800.00 568,983.00 $5,383,027.00 I Fleet ManaQement Fund Revenues Operating Non-Operating Total Revenues $5,788,464.00 100,000.00 $5,888,464.00 Appropriations ( Operating Expenses Capital Outlay Total Appropriations $4,169,964.00 1,718,500.00 $5,888,464.00 Risk Manaqement Fund I Revenues Operating $14,916,409.00 School Food Services Fund Revenues $5,750,000.00 Appropriations $5,750,000.00 School Athletics Fund Revenues $1,000,000.00 Appropriations Appropriations $1,000,000.00 Grant Fund Revenues Total Revenues $421,098.00 I I I I I 163 Appropriations Regional Drug Prosecutor Victim Witness Virginia Juvenile Community Crime Control Act Homeless Assistance Team Grant Match Total Appropriations $27,900.00 29,386.00 126,885.00 36,927.00 200,000.00 $421,098.00 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, 2010, are re- appropriated to the 201 0-11 fiscal year to the same department and account for which they are encumbered in the 2009-10 fiscal year. 5. That this ordinance shall be known and cited as the 2010-11 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 ~m,~~ Stephanie M. Moon, CMC City Clerk ~~~u~~ ~ ----- David A. Bowers Mayor 164 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38804-051010. AN ORDINANCE authorizing the City Manager to promulgate a Classification Plan for officers and employees of the City effective July 1, 2010; 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; continuing the temporary salary reductions of the Mayor, Vice-Mayor, and members of Council; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Pursuant to 92-68, Code of the City of Roanoke (1979), as amended, effective July 1, 2010, 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 Ordinance No. 38450-051109 and class code to each position in the classified service of this City. 2. 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: I I I I I I 165 ANNUAL SALARY INCREMENT $ 2,000.00 $ 2,000.00 $ 2,000.00 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 City Manager Deputy Director of Real Estate Valuation Director of Finance Director of Real Estate Valuation Municipal Auditor Tax Compliance Supervisor Supervising Appraiser $ 2,500.00 $ 2,500.00 $ 6,000.00 $ 2,000.00 $ 2,500.00 $ 2,000.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. The City Manager is authorized, within the limits of funds appropriated therefore, to provide for similar salary increments for other employees of the City Manager. 3. 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. 4. 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. 5. 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. 166 6. 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. 7. 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. 8. 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. 9. 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 4, above, then the employee shall, in addition to the EMT stipend, receive the difference between such stipend and the merit pay authorized hereby. 10. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly if the member actually, attends a regularly scheduled meeting during that month, 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. 11. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly if the member actually attends a regularly scheduled meeting during that month, shall be awarded to members of the Architectural Review Board. The requirement for certification of members by the Virginia Certified Architectural Review Program, adopted by Council effective July 1, 2004, is suspended until the Program has been fully developed and made operational by the Virginia Department of Historic Resources (VHDR). I I I I I I 167 12. When any salary increase provided in paragraphs 7, 8, or 9 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. 13. 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%). 14. For the fiscal year beginning July 1, 2010, and ending June 30, 2011, 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 For the fiscal year beginning July 1, 2011, and ending June 30, 2012, 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 15. The provisions of this ordinance shall be in full force and effect on and after July 1, 2010. 168 I 16. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: ~o,.~D~ Stephanie M. Moon, CMC City Clerk SJ9d A. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38805-051010. AN ORDINANCE to appropriate funding for the FY 2011-2015 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2010- I 2011 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 2010-2011 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Proiects Fund Appropriations Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue VDOT Match Contingency Demolition-Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue 08-300-9608-9003 08-300-9609-9003 08-300-961 0-9003 08-530-9552-9003 08-530-9575-9210 08-530-9575-9220 08-530-9633-9112 $300,000.00 100,000.00 100,000.00 500,000.00 251,800.00 958,782.00 100,000.00 08-530-9736-9003 08-610-9137 -9003 08-610-9929-9003 49,820.00 10,000.00 43,000.00 I I I I 169 Revenues Transfer from General Fund 08-110-1234~1037 2,413,402.00 Grant Fund Appropriations Local Match Funding for Grants 35-300-9700-5415 200,000.00 Revenues Local Match Funding for Grants 35-300-9700-5207 200,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~m. .ffY-;bo.J Stephanie M. Moon, CMC City Clerk Q David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38806-051010. 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 2010-2011 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 2010-2011 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Fund Balance Economic and Community Development Reserve-Unappropriated 08-620-9753-9003 08-620-9757 -9003 $200,000.00 200,000.00 08-3365 (400,000.00) 170 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: ~'h--). fo;llDvJ Stephanie M. Moon, CMC City Clerk <oQ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38807-051010. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining I certain sections of the 2010-2011 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 2010-2011 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 08-3365 $ 150,000.00 50,000.00 (200,000.00) 08-310-9736-9003 08-310-9630-9003 I I I I 171 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~n,'h'JDW Stephanie M. Moon, CMC City Clerk ~ O/~U~~~ ~ ~'L --- --~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 10th day of May, 2010. No. 38808-051010. A RESOLUTION approving the 2010-2015 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Consolidated Plan, and to execute and submit any necessary documents pertaining thereto, to the United States Department of Housing and Urban Development (HUD) for final review and approval. WHEREAS, in order to receive Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grant (ESG) funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5-year Consolidated Plan and Annual Updates; WHEREAS, the current 5-Year Consolidated Plan for the City of Roanoke will expire on June 30, 2010; WHEREAS, opportunities for community input regarding the Consolidated Plan were provided during numerous public meetings held from November 11, 2008, through May 3, 2010; by a 30-day public review and comment period beginning April 2, 2010, and ending May 3, 2010; by presentation of information to the Roanoke Neighborhood Advocates and Presidents' Council; by publishing information on the City of Roanoke website; and other means; and WHEREAS, the Consolidated Plan must be approved by this Council and received by HUD by May 17, 2010, to ensure the timely receipt of new entitlement funds. 172 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 2010-2015 Consolidated Plan is approved and that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 5-Year Consolidated Plan and to execute and submit any necessary documents pertaining thereto, approved as to form by the City Attorney, to HUD for final review and approval, as more particularly set forth in the City Manager's letter to this Council dated May 10, 2010. APPROVED ATTEST: gQ~ David A. Bowers Mayor - M.~l)~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 ih day of May, 2010. No. 38809-051710. A RESOLUTION. paying tribute to Officer N. D. Comas for his exemplary service to the citizens of Roanoke. WHEREAS, Officer Comas was on late-shift patrol on April 24, 2010, when he spotted a woman standing on the guardrail of the 10th Street Bridge at approximately 1 :47 a.m.; WHEREAS, Officer Comas, upon hearing the woman threaten to commit suicide by jumping onto the railroad tracks below, notified additional officers in the area, as well as the 911 Center, and rushed from his vehicle to help the woman; WHEREAS, the woman did jump as Officer Comas approached, but landed on a platform below sidewalk level, giving Officer Comas another chance to reach her; WHEREAS, just as the woman was jumping off the platform, with a train coming ever closer, Officer Comas was able to grab the woman's leg and prevent her from falling; I I I I I I 173 WHEREAS, Officer Comas, who has been a sworn member of the Patrol Bureau for just two years, and a member of the special PowerShift unit for six months, called on his police training, as well as his experience as a Marine in the Iraq War, to respond to an emergency situation; and WHEREAS, Officer Comas credits his colleagues in the department for coming to his assistance, knowing he could count on them to help him haul the woman back to safety. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending Officer N. D. Comas for his bravery and dedication to the mission of the City of Roanoke Police Department. 2. The City Clerk is directed to forward an attested copy of this resolution to Officer N. D. Comas. APPROVED ATTEST: ~m.OYjD10 Stephanie M. Moon, CMC City Clerk o . David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 2010. No. 38810-051710. A RESOLUTION authorizing the City Manager to enter into any and all necessary and appropriate agreements to complete a street-improvement project at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., in the City of Roanoke, which is being funded by the Federal Highway Safety Improvement Program and the Virginia Department of Transportation. 174 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and City Clerk are hereby authorized on behalf of the City to execute and attest, respectively, all necessary and appropriate agreements to complete a certain street improvement project at the intersection of Orange Avenue, N. E., and Blue Hills Drive, N. E., in the City of Roanoke, Virginia, which is being funded by the Federal Highway Safety Improvement Program and the Virginia Department of Transportation, all of which is more particularly described in the City Manager's letter dated May 17, 2010, to City Council, such agreements to be in such form as are approved by the City Attorney. APPROVED ATTEST: r In. '1b~ Stephanie M. Moon, CMC City Clerk g"Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 ih day of May, 2010. No. 38811-051710. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation to the Intersection Site Distance 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 cfollows: Appropriations Appropriated from State Grant Funds 08-530-9719-9007 $ 300,000.00 Revenues VDOT -Intersection Site Distance Improvement 08-530-9719-9719 300,000.00 I I I I I I 175 Pursuant 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,.64)OW Stephanie M. Moon, CMC City Clerk . &>Qai- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 ih day of May, 2010. No. 38812-051710. AN ORDINANCE approving a Second Amendment to the New River Valley . , Commerce Park Project Participation Agreement; authorizing the Mayor and the City Clerk to execute and attest, respectively, such Second Amendment; authorizing the Mayor and/or the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Second Amendment; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City entered into the New River Valley Commerce Park Project Participation Agreement dated October 14, 1999 (Participation Agreement), which was authorized by Ordinance No. 34498-100499, adopted October 4, 1999, by which the 'City became a participant in the New River Valley Commerce Park Project which was being undertaken by Virginia's First Regional Industrial Facility Authority (Authority); WHEREAS, by an Amendment dated August 8, 2001, to the Participation Agreement, authorized by Ordinance No. 35542-090401, adopted September 4, 2001, the City and the other parties to the Participation Agreement allowed the withdrawal of the County of Wythe, Virginia, from the Participation Agreement and the New River Valley Commerce Park Project; 176 I WHEREAS, participating member jurisdictions, through the New River Valley Commerce Park Participation Committee and the Authority have determined that it is necessary to amend the Participation Agreement further to reflect changes in the Commerce Park Project and to address other related provisions, all as further set forth and outlined in the City Manager's letter dated May 17, 2010, to this Council and the proposed Second Amendment to the New River Valley Commerce Park Project Participation Agreement attached to such letter; and WHEREAS, the Authority has requested the City to authorize such Second Amendment to the Participation Agreement in order to address those items and matters set forth in such Second Amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the provisions of the Second Amendment to the Participation Agreement as set forth in the above mentioned City Manager's letter, provided that such Second Amendment will be the same or substantially similar to the one attached to such letter. 2. The Mayor and the City Clerk are hereby authorized, on behalf of the City, I to execute and attest, respectively, a Second Amendment to the Participation Agreement in a form substantially similar to the one attached to the above mentioned City Manager's letter, such Second Amendment to be approved as to form by the City Attorney. 3. The Mayor and/or the City Manager are each authorized to take such actions and execute such documents as necessary to implement, administer, and enforce such Second 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: ~1YJ_~1DYJ Stephanie M. Moon, CMC City Clerk ~12&-- David A. Bowers Mayor I I I I 177 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 ih day of May, 2010. No. 38813-051710. A RESOLUTION concurring in the recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's ("Committee") allocation of City funds to various nonprofit agencies and for performance audits in connection thereto for Fiscal Year 2010-2011. WHEREAS, the Fiscal Year 2010-2011 budget approved by City Council for the Roanoke Arts Commission provides for funding in the amount of $258,926.00; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Committee; WHEREAS, requests for City funding in the total amount of $442,950.00 were received by the Committee from fifteen (15) agencies; and WHEREAS, after studying each application and holding allocation meeting hearings, the Committee has recommended allocation of funding to such agencies for Fiscal Year 2010-2011. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council concurs in the recommendations of the Roanoke Arts Commission Agency Funding Advisory Committee's allocations for funding of various nonprofit agencies for Fiscal Year 2010-2011, as more particularly set forth in the City Manager's letter dated May 17, 2010, to Council, and the attachment to that report. ,APPROVED ATTEST: ~u}n hJ6~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor 178 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 ih day of May, 2010. No. 38814-051710. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and, reordaining certain sections of the 2010-2011 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 2010-2011 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Subsidies Virginia Museum of Transportation Roanoke Symphony Society Opera Roanoke Science Museum of Western Virginia Historical Society of Western Virginia Southwest Virginia Ballet Young Audiences of Virginia Arts Council of the Blue Ridge Taubman Museum Harrison Museum/African-American Culture Jefferson Center Foundation L TD Arts Commission Community HS Grandin Theatre TAP Eleanor D. Wilson Museum 01-300-5221-3700 01-300-5221-3714 01-300-5221-3736 01-300-5221-3762 01-300-5221-3774 01-300-5221-3776 01-300-5221-3794 01-300-5221-3802 01-300-5221-3909 01-300-5221-3910 01-300-5221-391 3 01-300-5221-3944 01-300-5221-3961 01-300-5221-3972 01-300-5221-3973 01-300-5221-3974 01-300-5221-3975 ($258,926.00) 23,100.00 31,700.00 14,100.00 42,000.00 14,200.00 9,626.00 8,500.00 16,100.00 23,100.00 18,000.00 19,400.00 2,500.00 7,000.00 5,000.00 10,400.00 14,200.00 I I I I I I 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: ~() r- ~ h-1 . t1~O 0 r v.~ IOnv0 Stephanie M. Moon, CMC City Clerk ~:fl~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of May, 2010. No. 38815-051710. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending a proffer and the Planned Unit Development Plan pertaining to property located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101 (Patrick Henry High School campus); and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke School Board has filed an application with the Council of the City of Roanoke ("City Council") to amend proffered condition No. 1 accepted by City Council by the adoption of Ordinance No. 38729-021610 on February 16, 2010, and to amend the Planned Unit Development Plan dated March 3, 2010, ("Plan") accepted by City Council by the passage of that same Ordinance, such proffer and Plan pertaining to property located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101 (Patrick Henry High School campus), for the purpose of allowing the use of the former Raleigh Court Elementary for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs; 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; 180 WHEREAS, a public hearing was held by City Council on such application at its meeting on May 17, 2010, 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 amendments; 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 amending proffered condition No. 1 accepted by City Council by the adoption of Ordinance No. 38729-021610 on February 16, 2010, and a Planned Unit Development Plan dated March 3,2010, that relate to property located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101 (Patrick Henry High School campus), and for those reasons, is of the opinion that proffered condition No. 1 and the Planned Unit Development Plan dated March 3, 2010, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development, with the amended proffer No. 1 as set forth in the Zoning Amended Application No. 1 dated March 19,2010. 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 amended proffered condition No. 1 as set forth in Zoning Amended Application No. 1 dated March 19, 2010, and the amendment of Planned Unit Development Plan dated March 3, 2010, pertaining to property located at 2102 Grandin Road, S. W., bearing Official Tax No. 1460101 (Patrick Henry High School campus), for the purpose of allowing the use of the former Raleigh Court Elementary for an educational facility, a day care facility for children, and general and professional offices for the Early Start and Head Start programs, as set forth in the Zoning Amended Application NO.1 dated March 19, 2010. 2. Ordinance No. 38729-021610, adopted February 16, 2010, to the extent such Ordinance placed conditions on the subject property is amended consistent with this Ordinance. I I I I I I 181 3. Pursuant to the provisions of g12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~h,.. oavJ Stephanie M. Moon, CMC ~ City Clerk ~u;.~~'d.~ ~ ~ ---- ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1ih day of May, 2010. No. 38816-051710. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 514-24th Street, N. W., Roanoke, Virginia, formerly known as Fire Station #9, bearing Official Tax No. 2420202, to Mahlon P. Maxey and Patricia H. Maxey, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on May 17, 2010, pursuant to gg15.2- 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 parcel of City-owned property, located at 514-24th Street, N. W., Roanoke, Virginia, formerly known as Fire Station #9, bearing Official Tax No. 2420202, to Mahlon P. Maxey and Patricia H. Maxey, for the purchase price of $100,024.12, with the proceeds from the sale to go towards the Economic and Community Development Reserve Fund, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated May 17, 2010. 2. All documents necessary for this conveyance shall be in form approved by the City Attorney. 182 I 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: . . ~ tn. '101MJ Stephanie M. Moon, CMC City Clerk ~-Q&- David A. Bowers Mayor I I I I I 183 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38817-060710. A RESOLUTION .memorializing the late - William Hamilton "Ham" Flannagan, longtime leader of Roanoke Memorial Hospital and 1986 "Citizen of the Year." WHEREAS, the members of Council learned with sorrow of the passing of William Hamilton "Ham" Flannagan on Tuesday, .May 4, 2010; WHEREAS, Mr. Flannagan was born in Trevillians, Virginia, in 1920, and attended Hampden-Sydney College, where he played football, baseball, basketball, and ran track, was a member of Kappa Alpha Fraternity, and graduated with honors at the age of 19; WHEREAS, Mr. Flannagan served his country during, World War II in the United States Army Medical. Administrative Corps, setting a course for a long and remarkable health care career; WHEREAS, Mr. Flannagan came to the Roanoke area in 1951 as the first administrator of Franklin Memorial Hospital, soon followed by appointment as administrator of Memorial and Crippled Children's Hospital, which would become Roanoke Memorial Hospital; WHEREAS, under 32 years of Mr. Flannagan's leadership, Roanoke Memorial grew by leaps and bounds, including a 325-bed wing, cancer and rehabilitation centers, the area's first intensive care unit, a nursing school, and medical school affiliations and residencies - all of which helped lay the foundation for Roanoke Memorial to become Carilion Clinic, the premier medical system in Southwest Virginia; WHEREAS, Mr. Flannagan served on a number of professional boards, including Regent of the American College of Healthcare Executives.and Lifetime Fellow of that organization; Chairman of the Virginia-Carolinas Hospital Conference, the Southeastern Hospital Conference, and the Virginia Hospital Association; member of the State Board of Health; and member of the Board of Trustees of Hampden-Sydney College; I if '.,. 184 WHEREAS, Mr. Flannagan was active in community organizations, including 50 years as a member of the Masonic Order; membership in Lakeland Lodge #190; past Elder of Second Presbyterian Church; and service on the city's Downtown Management Task Force in the 1980s; I WHEREAS, Mr. Flannagan garnered numerous honors over the years, including induction into Hampden-Sydney College's Omicron Delta Kappa Leadership Society; honorary alumnus of the Medical College -of VirginiaNirginia Commonwealth University School of Healthcare Administration; was recognized in 1982 as one of "A Dozen Who Made A Difference: A Salute to Those Who Had A Major Role in Building Roanoke"; and in 1986, the year of his retirement from Roanoke Memorial, Mr. Flannagan was named "Citizen of the Year" and was awarded the Key to the City; and WHEREAS, the legacy born of Mr. Flannagan's vision for the health care industry in our Valley has made an indelible contribution to the City of Roanoke that will benefit its citizens for generations to come. 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 William Hamilton "Ham" Flannagan, and extends to his I family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Flannagan's family.- APPROVED ATTEST: ~ 1n h)OlMJ Stephanie M. Moon, CMC City Clerk I I I I 185 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38818-060710. A RESOLUTION authorizing the issuance of a not to exceed $1,230,000.00 General Obligation School Bond, Series 2010A ,of the City of Roanoke, Virginia, to be sold to the Virginia Public School Authority and providing for the form and details thereof. WHEREAS, the City Council (the "City Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed $1,230,000.00 and to issue its general obligation school bond (as more specifically defined below, the "Local School Bond") for the purpose of financing certain capital projects for public school purposes, including energy efficiency improvements and renovations for various public school buildings within the City, (the "Projects"); and WHEREAS, the City held a public hearing, duly noticed, on June 7, 2010, on the issuance of the Local School Bond in accordance with the requirements of Section 15.2-2606, Code of Virginia 1950, as amended (the "Virginia Code"); and WHEREAS, the School Board of the City has, by resolution, requested the City Council to authorize the issuance of the Local School Bond; and WHEREAS, the Virginia Public School Authority ("VPSA") has offered to purchase the Local School Bond along with the local school bonds of certain other localities with a portion of the proceeds of certain bohds to be issued by VPSA in the spring of 2010 (the "VPSA Bonds"); and WHEREAS, 'VPSA intends to issue the VPSA Bonds as "qualified school construction bonds" (referred to below as "QSCBs") within the meaning of Section 54F of the Internal Revenue Code of 1986, as amended (the "Tax Code"), which section was added to the Tax Code by the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5, 123 Stat. 355), enacted on February 17, 2009; and WHEREAS, VPSA intends to elect to treat the VPSA Bonds as "specified tax credit bonds" under Section 6431 of the Tax Code, as amended by the Hiring Incentives to Restore Employment ACt (Pub. L. No. 111-147, 123 Stat. 301), enacted on March 18, 2010, which status enables an issuer of a QSCB to receive a direct payment of a refundable credit in lieu of providing a tax credit to the purchaser or holder of the QSCB; and 186 WHEREAS, the refundable credit payable with respect to each interest payment I date will be equal to the lesser of (i) the amount of interest payable under the QSCB on such date or (ii) the amount of interest which would have been payable on under the Q~CB on such date if such interest were determined at the applicable credit rate determined under Section 54A(b)(3) of the Tax Code (that is, the rate used in computing the amount of tax credit that could be claimed by the QSCB holder absent the "specified tax credit bond" refundable credit election); and WHEREAS, subject to the terms and conditions set forth or referred to below, VPSA will transfer to the City the allocable portion of the refundable credit received by VPSA with respect to the VPSA Bonds; and WHEREAS, the allocation of QSCB volume cap pursuant to which VPSA will issue the VPSA Bonds was made by Executive Order 110 (2010) issued by the Governor of the Commonwealth of Virginia on January 13, 2010 (the "Executive Order"), to finance the Projects along with a number of other projects on the first priority waiting list selected through a competitive evaluation process administered by the Virginia Department of Education and the Virginia Department of Mines, Minerals and Energy announced by letter of the Governor of the Commonwealth of Virginia dated October 14, 2009; and WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that I . $1,110,539.00 is the amount of proceeds requested (the "Proceeds Requested") by the City from the VPSA in connection with the sale of the Local School Bond; and WHEREAS, VPSA's objective is to pay the City a purchase price for the Local School Bond which, in VPSA's judgment, reflects the Local School Bond's market value (the "VPSA Purchase Price Objective"), taking consideration of such factors as the purchase price to be received by VPSA the VPSA Bonds, the underwriters' discount and the other issuance costs of the VPSA Bonds and other market conditions relating to the sale of the VPSA Bonds; and WHEREAS, such factors may result in the Local School Bond having a purchase price other than par and consequently (i) the City may have to issue the Local School Bond in a principal amount that is greater than or less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) if the maximum authorized principal amount of the Local School Bond set forth in Section 1 of this Resolution does not exceed the Proceeds Requested by at least the amount of any discount, the purchase price to be paid to the City, given the VPSA Purchase Price Objective and market conditions, will be less than the Proceeds Requested. I I I I 187 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA: 1. Authorization of Local School Bond and Use of Proceeds. The City Council hereby determines that it is advisable to contract a debt and issue and sell its general obligation school bond in a principal amount not to exceed $1,230,000.00 (the "Local School Bond") for the purpose of financing the Projects and the issuance costs of the Local School Bond. The City Council hereby authorizes the issuance and sale of the Local School Bond in the form and upon the terms established pursuant to this Resolution and the Bond Sale Agreement. 2. Sale of the Local School Bond. It is determined to be in the best interest of the City to accept the offer of VPSA to purchase from the City, and to sell to VPSA, the Local School Bond at a price, determined by VPSA to be fair and accepted by the Mayor and the City Manager, or either of them. Given the VPSA Purchase Price Objective and market conditions, it may become necessary to sell the Local School Bond in a principal amount greater than the Proceeds Requested. If the limitation on the maximum principal amount on the Local School Bond set forth in Section 1 of this Resolution restricts VPSA's ability to generate the Proceeds Requested, the Local School Bond may be sold for a purchase price of not lower than 90% of the Proceeds Requested. The Mayor, the City Manager, or either of them and such other officer or officers of the City as either may designate are hereby authorized and directed to enter into a Bond Sale Agreement with VPSA providing for the sale of the Local School Bond to VPSA. The agreement shall be in substantially the form submitted to the City Council at this meeting, which form is hereby approved (the "Bond Sale Agreement"). 3. Details of the Local School Bond. The Local School Bond shall be dated the date of its issuance and delivery; shall be designated "General Obligation School Bond, Series 2010A;" shall bear interest from the date of delivery thereof payable quarterly or semi-annually on dates specified by VPSA (each, an "Interest Payment Date" at the rates established in accordance with Section 4 of this Resolution; and shall mature annually in the years (each a "Principal Payment Date") and in the amounts (the "Principal Installments") determined by the City Manager, subject to the provisions of Section 4 of this Resolution. 4. Interest Rates and Principal Installments. The City Manager is hereby authorized and directed to accept the interest rates on the Bonds established by VPSA, provided that each interest rate may be up to five one-hundredths of one percent (0.05%) over the interest rate to be paid by VPSA for the corresponding principal payment date of the VPSA Bonds, a portion of the proceeds of which will be used to purchase the Bonds, to the extent required by VPSA (the "Annual Administrative Fee"), and provided further that the true interest cost of the Bonds does not exceed seven and a half percent (7.50%) per annum. The Interest Payment Dates and the Principal Installments may be specified by VPSA. The City Manager is hereby authorized and directed to accept the final Interest Payment Dates and the Principal Installments at the request of VPSA based on the final 188 term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally- I recognized rating agencies and the final principal amount of the Local School Bond; provided, however, that the principal amount of the Local School Bond shall not exceed the amount authorized by this Resolution and the final maturity of the Local School Bond shall be no later than the earlier of December 31, 2029 and the latest maturity date permitted under Section 54A of the Tax Code. The execution and delivery of the Local School Bond as described in Section 9 hereof shall conclusively evidence the final Principal Installments as having been accepted by the City Manager as authorized by this Resolution. 5. Acknowledgement of Disclaimer. The City acknowledges that the interest rate on the Local School Bond will be set at the level necessary to pay the interest on the allocable portion of the VPSA Bonds plus the Annual Administrative Fee, if any, and that the City will be obligated to pay interest on the Local School Bond at the stated taxable rate thereon regardless of the elimination or reduction of the refundable credit to be received by VPSA due to (i) any amendments by Congress to Sections 54A, 54F or 6431 or any other applicable sections of the Tax Code, (ii) any guidance or changes to guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, or (iii) any action or omission by VPSA, the City or any other locality selling local school bonds to VPSA in connection with the VPSA Bonds that causes the VPSA Bonds to lose their status as QSCBs and/or specified tax credit bonds in whole or in part. It is also acknowledged that the City has the right to effect an extraordinary optional redemption of the Local School Bond in whole or in part upon the occurrence of any of I these events as provided in the form of Local School Bond. 6. Certain Investment Earnings. The City hereby acknowledges that VPSA will (i) issue the VPSA Bonds with multiple maturities or with a single "bullet" maturity, in either case, with a final maturity date on or shortly before the latest maturity date permitted for the VPSA Bonds under Section 54A of the Tax Code and (ii) invest the Principal Installments for the benefit of the City until they are applied to pay the principal of the VPSA Bonds and (iii) either remit the investment earnings periodically to the City or credit the investment earnings against the City's obligation to make Principal Installments, at the option of VPSA. The City further acknowledges that VPSA may cause a portion of such earnings to be deposited into a reserve fund or account to be applied by VPSA for use to pay the costs, fees and expenses described in Section 14 below. Any balance in such reserve fund or account attributable to investment earnings on the City's Principal Installments as reasonably determined by VPSA will be remitted or credited to the City on the final maturity date of the VPSA Bonds. 7. Form of the Local School Bond. The Local School Bond shall be initially in the form of a single, temporary typewritten bond substantially in the form attached hereto as Exhibit A. I I 'I I 189 8. Payment; Payina Aaent and Bond Reaistrar. The following provisions shall apply to the Local School Bond: (a) For as long as VPSA is the registered owner of the Local School Bond, all payments of principal of and interest, if any, and premium, if any, on the Local School Bond shall be made in immediately available funds to, or at the direction of, VPSA at, or before 11 :00 a.m. on the applicable Principal Payment Date or date fixed for prepayment or redemption, or if such date is not a business day for Virginia banks or for the Commonwealth of Virginia, then at or before 11 :00 a.m. on the business day next succeeding such Principal Payment Date or date fixed for payment, prepayment or redemption. (b) The Bond Registrar and Paying Agent for the Local School Bond shall be the banking institution selected by VPSA for such purposes. 9. Prepayment or Redemption. The Principal Installments of the Local School Bond may be subject to optional prepayment or redemption prior to their stated maturities as determined by VPSA. The Principal Installments of the Local School Bond will be subject to extraordinary mandatory redemption (i) if certain proceeds of the Local School Bond have not been spent within three years after the date of its issuance and delivery (which three year period may be extended by the U.S. Secretary of the Treasury or his delegate), (ii) due to a loss of "qualified tax credit bond" and IIqualified school construction bond" status of the VPSA Bonds corresponding to the Local School Bond under Sections 54A and 54F of the Tax Code, and (iii) if due to (a) any amendments by Congress to Sections 54A, 54F or 6431 or any other applicable sections of the Tax Code or (b) any guidance or changes to guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, there is a reduction or elimination of the direct payment of the refundable credit to be received by VPSA with respect to the VPSA Bonds. The Principal Installments of the Local School Board shall be redeemed at the redemption prices and upon the other terms set forth in the Local School Bond. 10. Execution of the Local School Bond. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk of the City are authorized and directed to execute and deliver the Local School Bond and to affix the seal of the City thereto. 190 11. Pledqe of Full Faith and Credit. For the prompt payment of the principal of and interest, if any, and premium, if any, on the Local School Bond as the same shall become due, the full faith and credit of the City are hereby irrevocably pledged, and in each year while any of the Local School Bond shall be outstanding there shall be levied and collected in accordance with law an annual ad valorem tax upon all taxable property in the City subject to local taxation sufficient in amount to provide for the payment of the principal of and interest, if any, and premium, if any, on the Local School Bond as such principal and interest, if any, and premium, if any, shall become due, which tax shall be without limitation as to rate or amount and in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. 12. Use of Proceeds Certificate and Tax Compliance AQreement. The Mayor, the City Manager and such other officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver on behalf of the City a Use of Proceeds Certificate and Tax Compliance Agreement (the "Tax Compliance Agreement") setting forth the expected use and investment of the proceeds of the Local School Bond and containing such covenants as may be necessary in order to show the compliance of the VPSA Bonds with the provisions of the Tax Code and applicable regulations relating to the qualification of the VPSA Bonds as "qualified tax credit bonds," "qualified school construction bonds" and "specified tax credit bonds" under Sections 54A, 54F and 6431 of the Tax Code. The City Council covenants on behalf of the City that (i) the proceeds from the issuance and sale of the Local School Bond will be invested and expended as set forth in the Tax Compliance Agreement and that the City shall comply with the other covenants and representations contained therein and (ii) the City shall comply with the provisions of the Tax Code so that the VPSA Bonds will not lose their status as "qualified tax credit bonds," "qualified school construction bonds" and "specified tax credit bonds" under Sections 54A, 54F and 6431 of the Tax Code. 13. State Non-Arbitraqe Proqram: Proceeds Aqreement. The City Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the Local School Bond. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a Proceeds Agreement with respect to the deposit and investment of proceeds of the Local School Bond by ahd among the City, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the City Council at this meeting, which form is hereby approved. I I" I I 1 I 191 14. Continuina Disclosure Aareement. The Mayor, the City Manager and such other officer or officers of the City as either may designate are hereby authorized and directed to execute a Continuing Disclosure Agreement, as set forth in Appendix D to the Bond Sale Agreement, setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary in order to show compliance with the provisions of the Securities and Exchange Commission Rule 15c2-12, under the Securities Exchange Act of 1934, as amended, and directed to make all filings required by Section 3 of the Bond Sale Agreement should the City be determined by the VPSA to be a MOP (as defined in the Continuing Disclosure Agreement). 15. Fees. Costs and Expenses. The City agrees to pay the following fees, costs and expenses incurred by VPSA in connection with its purchase and carrying of the Local School Bond within thirty days after receipt by the City Manager of a. written bill therefor: (A) The City's allocable share of the fees, costs and expenses of the trustee, paying agent and bond registrar under the indenture pursuant to which VPSA will issue the VPSA Bonds and the City's allocable share of any fees, costs and expenses payable to third parties in connection with such indenture or VPSA's School Tax Credit Bond Program, as determined by VPSA; and (B) To the extent permitted by law, the reasonable fees, costs and expenses, including reasonable attorneys' fees, if any, incurred by VPSA in connection with any false representation or certification or covenant default by the City or any City or School Board official, employee, agent or contractor under the Local School Bond, the Continuing Disclosure Agreement, the Tax Compliance Agreement, the Proceeds Agreement and/or any document, certificate or instrument associated therewith (collectively, the "City Documents"), or in connection with any extraordinary mandatory redemption of the Local School Bond as described in Section 8 above and the corresponding VPSA Bonds, any amendment to or discretionary action that VPSA makes or undertakes at the request of the City under any of the City Documents or any other document related to the VPSA Bonds. 16. Filina of Resolution. The appropriate officers or agents of the City are hereby authorized and directed to cause a certified copy of this Resolution to be filed with the Circuit Court of the City. 17. Election to Proceed under Public Finance Act. In accordance with Section 15.2-2601 of the Virginia Code, the City Council elects to issue the Local School Bond pursuant to the provisions of the Public Finance Act of 1991, Chapter 26 of Title 15.2 of the Virginia Code. 192 18. Further Actions. The members of the City Council and all officers, employees and agents of the City are hereby authorized to take such action as they or anyone of them may consider necessary or desirable in connection with the issuance and sale of the Local School Bond and any such action previously taken is hereby ratified and confirmed. 19. Effective Date. This Resolution shall take effect immediately. * * * The undersigned Clerk of the City of Roanoke, Virginia, hereby certifies that the foregoing constitutes a true and correct extract from the minutes of a meeting of the City Council held on June 7,2010, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance and voting of the members in attendance on the foregoing resolution were as follows:. David A. Bowers, Mayor Sherman P. Lea, Vice Mayor M. Rupert Cutler Gwendolyn W. Mason Anita J. Price Court G. Rosen David B. Trinkle Present X Absent Nay Abstain Aye X A X X X X X X WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this ~ day of June, 2010. teph nie M. Moon, CMC, Clerk, City of Roanoke, Virginia [SEAL] I 1 I I 1 I 193 EXHIBIT A [FORM OF TEMPORARY BOND] NO. TR-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 201 OA The CITY OF ROANOKE VIRGINIA (the "City"), for value received, hereby acknowledges itself indebted and promises to pay to the VIRGINIA PUBLIC SCHOOL AUTHORITY ("VPSA") the principal amount of DOLLARS ($ ), in annual installments in the amounts set forth on Schedule I attached hereto commencing on September 1, 20_ and continuing each September 1 thereafter to and including September 1, 20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable [quarterly/semi- annually] on and of each year, commencing June 1, 201_ (each an :Interest Payment Date," and together with any Principal Payment Date, a "Payment Date"), at the rates per annum set forth on Schedule I attached hereto, subject to redemption as hereinafter provided. The principal of and interest, if any, and premium, if any, on this Bond are payable in lawful money of the United States of America. For as long as VPSA is the registered owner of this Bond, , as bond registrar (the "Bond Registrar"), shall make all payments of the principal of and interest, if any, and premium, if any, on this Bond, without the presentation or surrender hereof, to or at the direction of VPSA, in immediately available funds at or before 11 :00 a.m. on the applicable Payment Date or date fixed for redemption. If a Payment Date or date fixed for redemption is not a business day for banks in the Commonwealth of Virginia or for the Commonwealth of Virginia, then the payment of the principal of and interest, if any, and premium, if any, on this Bond shall be made in immediately available funds at or before 11 :00 a.m. on the business day next succeeding the scheduled Payment Date or date fixed for payment or redemption. Upon receipt by the registered owner of this Bond of said payments, written acknowledgment of the receipt thereof shall be given promptly to the Bond Registrar, and the City shall be fully discharged of its obligation on this Bond to the extent of the payment so made. Upon final payment, this Bond shall be surrendered to the Bond Registrar for cancellation. 194 I The full faith and credit of the City are irrevocably pledged for the payment of the principal of and interest, if any, and the premium, if any, on this Bond. The resolution adopted by the City Council of the City on June 7, 2010 (the "Local Resolution"), authorizing the issuance of this Bond provides, and Section 15.2-2624, Code of Virginia 1950, as amended (the "Virginia Code"), requires, that there shall be levied and collected an annual tax upon all taxable property I in the City subject to local taxation sufficient to provide for the payment of the principal of and interest, if any, and premium, if any, on this Bond as the same shall become due which tax shall be without limitation as to rate or amount and shall be in addition to all other taxes authorized to be levied in the City to the extent other funds of the City are not lawfully available and appropriated for such purpose. ' This Bond is duly authorized and issued in compliance with and pursuant to the Constitution and laws of the Commonwealth of Virginia, including the Public Finance Act of 1991, Chapter 26, Title 15.2, of the Virginia Code, and the Local Resolution and a resolution duly adopted by the School Board of the City to provide funds for capital projects for school purposes. This Bond is registered in VPSA's name on the boo~s of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon 1 receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for a substitute Bond, and register such substitute Bond on such registration books in the name of the assignee or assignees named in such assignment. The principal installments of this Bond are not subject to optional prepayment or redemption prior to their stated maturities. Upon not less than 15 days' written notice from VPSA to the Bond Registrar, this Bond is subject to mandatory redemption in whole or in part in an amount to be specified by VPSA on a date to be fixed by VPSA in the event that, due to a failure by the City to cause 100% of the Available Project Proceeds to be expended by the end of the Expenditure Period for Qualified Purposes, VPSA must redeem a portion of its School Tax Credit Bonds (Direct Payment Qualified School Construction Bonds), Series .2010-1 (the "VPSA Bonds"), pursuant to Section 54A(d)(2)(B)(i) of the Internal Revenue Code of 1986, as amended (the "Tax Code"), and Section 3.1 (b) of the Second Supplemental Trust Indenture dated as of June 1, 2010 (the "Second Supplemental Indenture"), between VPSA and U.S. Bank National Association, as trustee. The redemption price shall be equal to 100% of the principal amount of this Bond to be redeemed plus a premium equal to any outstanding fees, costs and expenses for which the City is or will become obligated to pay under Section 14 of the Local Resolution as determined by VPSA. I I 1 I 195 Upon not less than 15 days' written notice from VPSA to the Bond Registrar, this Bond is also subject to mandatory redemption in whole or in part in an amount to be specified by VPSA on a date to be fixed by VPSA if, due to a default by the City under the Use of Proceeds Certificate and Tax Compliance Agreement dated the dated date hereof (the "Tax Compliance Agreemeht"), between VPSA and the City, there occurs a Determination of Loss of QSCB Status (as defined in the Second Supplemental Indenture) with respect to all or any portion ofthe VPSA Bonds. The redemption price shall be equal to 100% of the principal amount to be redeemed plus a premium equal to the sum of (i) the redemption premium and other amounts VPSA will be obligated to pay in connection with the extraordinary mandatory redemption of the VPSA Bonds under Section 3.1 (c) of the Second Supplemental Indenture and (ii) any outstanding fees, costs and expenses for which the City is or will become obligated to pay under Section 14 of the Local Resolution, all as determined by VPSA. Upon not less than 15 days' written notice from VPSA to the Bond Registrar, this Bond is also subject to mandatory redemption in whole or in part, as determined by the City, on a date to be fixed by VPSA if, due to (i) any amendments by Congress to Section 54A, 54F or 6431 or any other applic~ble sections of the Tax Code or (ii) any guidance or changes to guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, there is a reduction or elimination of the refundable credit to be received by VPSA with respect to the VPSA Bonds. The redemption price shall be equal to (a) the redemption price VPSA will be obligated to pay in connection with the extraordinary mandatory redemption of the allocable portion of the VPSA Bonds under Section 3.1 (d) of the Second Supplemental Indenture and (b) any outstanding fees, costs and expenses for which the City is or will become obligated to pay under Section 14 of the Local Resolution, all as determined by VPSA. Unless otherwise defined, each of the capitalized terms used in the foregoing two paragraphs has the meaning given it in the Tax Compliance Agreement. All acts, conditions and things required by the Constitution and laws of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed in due time, form and manner as so required, and this Bond, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and laws of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City Council of the City of Roanoke, Virginia has caused this Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any of its Deputy Clerks, and this Bond to be dated , 2010. 196 CITY OF ROANOKE, VIRGINIA Mayor, City of Roanoke Virginia (SEAL) ATTEST: Clerk, City of Roanoke, Virginia ASSIGNMENT FOR VALUE RECEIVED, the undersigned sells, assigns and transfers unto (PLEASE PRINT OR TYPEWRITE NAME AND ADDRESS, INCLUDING ZIP CODE, OF ASSIGNEE) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF ASSIGNEE: the within Bond and irrevocably constitutes and appoints attomey to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive' bonds on the books kept for registration thereof, with full power of substitution in the premises. ' I 1 I I I I Date: Signature Guaranteed: (NOTICE: Signature(s) must be guaranteed by an "eligible guarantor institution" meeting the requirements of the Bond Registrar which requirements will include Membership or participation in STAMP or such other "signature guarantee program" as may be determined by the Bond Registrar in addition to, or in substitution for, STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. 197 Registered Owner (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond - in every particular, without alteration or change.) SCHEDULE 1 AMORTIZATION SCHEDULE ATTEST: });'lYJD~ Stephanie M. Moon, CMC City Clerk ~(!J]-. - David A. Bowers Mayor 198 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38819-060710. A RESOLUTION authorizing the acceptance of a grant in the amount of $237,856.00 from the Virginia Department of Social Services ("VDSS") and authorizing the City Manager to execute a renewal letter with the VDSS for the continuation of the City's 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 $237,856.00 for Fiscal Year 2011, as set forth in the City Manager's letter dated June 7,2010, to this Council is hereby ACCEPTED. I 2. The City Manager, or his designee, is hereby authorized to execute a renewal letter with the VDSS for the continuation of the City's operation of the VISST A 1 Piedmont Area Training Center, and any and all requisite documents pertaining to the City's acceptance of the aforementioned 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: S)~ David A. Bowers Mayor d-Y)'~D(}y.J Stephanie M. Moon, CMC City Clerk I I I I 199 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38820-060710. AN'ORDINANCE authorizing the City Manager to enter into a lease agreement with First Campbell Square, LLC, for the lease of office space at 210 First Street, for use by the City of Roanoke to manage the Virginia Institute for Social Service Training Activities ("VISST A") Piedmont Area Training Center, upon certain terms and conditions; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke 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 appropriate lease agreement with First Campbell Square, LLC, for the lease of 4,450 square feet of space on the fourth floor of First Campbell Square, located at 210 First Street, S.W., to manage the VISST A Piedmont Area Training Center, such lease to be for a term beginning July 1, 2010, until June 30, 2015, for a total lease amount of $323,801.00 over the lease's five year period, and upon the terms and conditions as more particularly described in the City Manager's letter to this Council dated June 7,2010. 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.MbuW Stephanie M. Moon, CMC City Clerk ~~~ Mayor 200 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The ih day of June, 2010. No. 38821-060710. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $10,000.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $10,000.00, with no local match, for certain WIA client populations, for PY2007 Exemplary Performance for Fiscal Year 2010, as more particularly set out in the City Manager's letter dated June 7, 2010, 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 I as may be required in connection with the acceptance of the foregoing grant. APPROVED ATTEST: . ~. rr;D~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38822-060710. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY10 Exemplary Performance 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 I I I 201 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: App rop riations Food Other Rental Supplies Contractual Services Revenues WIA Exemplary Performance Grant FY10 35-633-2366-2060 35-633-2366-3075 35-633-2366-8055 35-633-2366-8057 $1,200.00 500.00 3,550.00 4,750.00 35-633-2366-2366 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. A.P PRO V E D ATTEST: ~Q(g:J>v-..__ David A. Bowers Mayor - d'Y). n; {)1IY0 Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38823-060710. . . I . AN ORDINANCE to appropriate funding from the Fedefal. Emergency Management Association to the Department of Public Works, 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: 202 Appropriations Overtime Wages FICA Chemicals 01-530-4140-1 003 01-530-4140-1120 01-530-4140-2045 $ 213,836.00 15,757.00 84,998.00 Revenues Snow Disaster Reimbursement 01-110-1234-0702 314,591.00 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]ol!Y0 Stephanie M. Moon, CMC City Clerk . David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38824-060710. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (V DOT) for funds from VDOT's Revenue Sharing Program in the amount of $1 million for the Route 605 (Old Mountain Road) Over Tinker Creek-Superstructure Replacement and Substructure Modifications Project within the City of Roanoke; and authorizing the execution of the necessary documents, upon certain terms and conditions. WHEREAS, the City of Roanoke desires. to submit an application for an allocation of funds up to $1 million through the VDOT Fiscal Year 2010-2011, Revenue Sharing Program; and WHEREAS, the application will require the City to provide matching funds of $1 million, the total of such amounts being for the Route 605 (Old Mountain Road) Over Tinker Creek-Superstructure Replacement and Substructure Modifications Project. I I I I 1 I 203 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from VDOT's Revenue Sharing Program in the amount of $1 million for the Route 605 (Old Mountain Road) Over Tinker Creek-Superstructure Replacement and Substructure Modifications Project within the City of Roanoke, which will require the City to provide matching funds of $1 million, all as more particularly set forth in the letter dated June 7, 2010, from the City Manager to this Council. 2. The City Manager is hereby authorized to execute any documents necessary to submit such application, 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 submission of such application. APPROVED ATTEST: . ~ n,'lr;OvN Stephanie M. Moon, CMC City Clerk ~~__6_ David A. Bo;;r~-'. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38825-060710. 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 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: 204 Appropriations Expendable Equipment Expendable Equipment Expendable Equipment Revenues State Asset Forfeiture - Interest State Asset Forfeiture DoJ Federal Asset Forfeiture DoJ Federal Asset Forfeiture-Interest DoT Federal Asset Forfeiture DoT Federal Asset Forfeiture-Interest 35-640-3302-2035 35-640-3304-2035 35-640-3307 -2035 $ 56,038.00 103,874.00 3,174.00 35-640-3302-3299 35-640-3302-3300 35-640-3304-3305 35-640-3304-3306 35-640-3307 -3307 35-640-3307 -3308 596.00 55,442.00 88,871.00 15,003.00 3,157.00 17.00 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: ~d>!. /l;OhV Stephanie M. Moon, CMC City Clerk ~~""'*~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38826-060710. AN ORDINANCE to appropriate funding to be received from outside parties to the Chief of Police and Sheriff's Public Safety Off-Duty Earnings accounts, 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: I I I I 1 I Appropriations Public Safety Off-Duty Earnings Public Safety Off-Duty Earnings Public Safety Off-Duty Earnings Public Safety Off-Duty Earnings Public Safety Off-Duty Earnings Public Safety Off-Duty Earnings Public Safety Off-Duty Earnings Revenues Off-Duty Billings-Police Off-Duty Billings-Sheriff 01-140-2140-1015 01-640-3111-1 015 01-640-3112-1015 01-640-3113-1 015 01-640-3114-1015 01-640-3115-1 015 01-640-3530-1 015 01-11 0-1 234-1298 01-11 0-1234-1313 205 $6,000.00 17,000.00 98,000.00 326,500.00 21,000.00 17,000.00 500.00 480,000.00 6,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: -!Y;. hj Dlf'rJ Stephanie M. Moon, CMC City Clerk ~.u- David A. B'::e;; Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38827-060710. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and Western Virginia Water Authority to the Martin Luther King Bridge Construction Administrative Services 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 followihg sections of the 2009-2010 Capital Projects Fund Appropriations be, and the same are hereby,. amended and reordained to read and provide as follows: 206 Appropriations Appropriated from Outside Third Party Appropriated from State Grant Funds 08-530-9576-9004 08-530-9576-9007 $ 31,275.00 126,890.00 Revenues VDOT -MLK Bridge Construction Administrative Services WVW A-MLK Bridge Construction Administrative Services 08-530-9576-9576 126,890.00 08-530-9576-9577 31,275.00 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.rr;olNV Stephanie M. Moon, CMC City Clerk ~~- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38828-060710. AN ORDINANCE to appropriate funding from the Commonwealth, billings to Roanoke City Public Schools, and salary lapse to Comprehensive Services Act, 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 reorqained to read and provide as follows, in part: I 1 I I I I Appropriations Salary Lapse TFC Non IVE Children Community Based Service AltlPrivate Day School Service in Public School Revenues CSA-State Supplement School Share of CSA 207 01 -300-941 0-1 090 01 -630-541 0-4606 01-630-541 0-4613 01 -630-541 0-4615 01 -630-541 0-461 6 $ (569,370.00) 1,090,078.00 802,313.00 698,813.00 342,195.00 01-110-1234-0692 01-110-1234-1376 2,082,617.00 281,412.00 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,. hJooyv Stephanie M. Moon, CMC City Clerk ~~-~- \:::I) -- ~ ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38829-060710. A RESOLUTION authorizing an Agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley; and authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. 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 1,2010, with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2010, through June 30, 2011, unless sooner terminated in accordance with the provisions of the Agreement, for the purpose of increasing tourism and marketing the Roanoke Valley as a regional destination for convention, conference, leisure and business travel, all as more fully set forth in the City Manager's letter to this Council dated June 7, 2010. 208 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. 4. The City Manager is further authorized to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. APPROVED ATTEST: - n,'h]OU'rV Stephanie M. Moon, CMC City Clerk ~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, .The ih day of June, 2010. No. 38830-060710. A RESOLUTION authorizing the City Manager to execute an agreement for payment of real estate taxes between the City of Roanoke and Carilion Clinic; authorizing the City Manager to take such actions and execute such documents as may be necessary to implement, administer and enforce such agreement. WHEREAS, the City and Carilion Health Systems (predecessor to Carilion Clinic) entered into a Performance Agreement, dated March 19, 2001, which outlined the obligations and responsibilities of the parties necessary to cooperatively develop the Riverside Center for Research and Technology; WHEREAS, such Performance Agreement included an agreement by Carilion Health Systems that all tax exempt properties owned by it or under its control and located within the Riverside Center for Research and Technology project area as defined by the Performance Agreement would pay full real estate taxes to the City from the effective date of the Performance Agreement and to continue to pay such real estate taxes indefinitely; I 1 I I I I 209 WHEREAS, subsequently, Carilion Clinic and Virginia Polytechnic Institute and State University partnered to form the Virginia Tech Carilion School of Medicine and Research Institute in order to support the development of a Medical School and Research facility on land located within the Riverside Center for Research and Technology, specifical,ly City of Roanoke Official Tax No. 1032201, and obtained construction funding for the facility from the Commonwealth of Virginia; and WHEREAS, all of the real property on which the Medical School facility is located will remain under the control of Carilion Clinic through its subsidiary entity Carilion Clinic Physicians, LLC, and the building improvements will be owned by the Commonwealth of Virginia, but Carilion Clinic, having the right to appoint and/or approve certain members of the Board of Directors of the Virginia Tech Carilion School of Medicine, Inc. defines such right, solely for the purpose of this agreement, as a one-sixth (1/6) interest in all of the building improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to execute an agreement for payment of real estate taxes between the City of Roanoke and Carilion Clinic in a form approved by the City Attorney, and to take such actions and execute such documents as may be necessary to implement, administer and enforce such agreement, all as more fully set forth in the City Manager's letter to Council dated June 7,2010. APPROVED ATTEST: s~~ hJOUW City Clerk ~..,.----- ~ ~~o~e~s- - ... Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38831-060710. AN ORDINANCE authorizing -the City Manager's issuance and execution of additional Change Orders to the City's Contract with CST Environmental Acquisition, LP (name used in Virginia by CST Environmental, LP) (hereafter CST) for additional work on the demolition of the National Guard Armory and Parks & Recreation Building . Project; 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 Change Orders to the above mentioned Contract, as well as the Contract itself; and dispensing with the second reading by title of this Ordinance. 210 BE IT ORDAINED by the Council of the City of Roanoke as follows: I 1. The City Manager is hereby authorized to issue and execute a Change Order No.2, approved as to form by the City Attorney, to the City's Contract with CST in the amount of $20,715.25 for additional work on the demolition of the National Guard Armory and Parks & Recreation Building Project, all as more fully set forth in the City Manager's letter dated June 7,2010, to this Council. 2. The City Manager is further authorized to issue and execute such additional Change Orders, approved as to form by the City Attorney, to the City's Contract with CST for any.additional work that may be needed on the Project, up to an additional contingency amount of $10,000.00, all as more fully set forth in the City Manager's letter dated June 7,2010, to this Council. 3. Such Change Orders will provide authorization for additions to the work, with an increase in the amount of the Contract and provided that the total amount of such Change Orders will not exceed the total of the above mentioned amounts ($30,715.25), all as set forth in the above mentioned City Manager's 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, 1 and enforcement of all such Change Orders mentioned above, as well as the Contract itself. . 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: . - dr). Y'rjOIfn.) Stephanie M. Moon, CMC City Clerk I I 1 I 211 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38832-060710. 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 third 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 third 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 7,2010. 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 $75,060.00, all as set forth in the above letter. 4. The City Manager is further authorized to take &uch actions and execute such documents as may be necessary to provide for the ill.1plementation, administration, and enforcement of all such Amendments to the above mentioned Contract, as well as the Contract itself. APPROVED ATTEST: . ,'. In. ~t51i'rV Stephanie M. Moon, CMC City Clerk ~'({!p~ David A. Bowers Mayor 212 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38833-060710. 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 third 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 third 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 7, 2010. 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 $89,940.00, 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: fh. rr;OilYV Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor I 1 I I 1 I 213 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38834-060710. A RESOLUTION concurring in the recommendations of the Human Services Advisory Board ("Board") for allocation of City funds to various qualified agencies to assist such agencies in the performance of their programs for Fiscal Year 2010-2011, and authorizing the City Manager or his designee to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all the programs by such agencies. WHEREAS, the Fiscal Year 2010-2011 budget approved by City Council for the Board provides for funding in the amount of $430,582.00 to certain qualified agencies; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Board; WHEREAS, requests for City funding in the total amount of $704,263.00 were received by the Board from thirty-five (35) agencies (47 programs); WHEREAS, after studying each application and holding allocation meeting hearings, the Board has recommended allocations of funding to certain applicant agencies for Fiscal Year 201 0-2011; 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 qualified agencies for Fiscal Year 2010-2011 as more particularly set forth in the City Manager's letter dated June 7, 2010, to this Council, and the attachment to that report. 214 2. The City Manager or his designee is authorized to execute a contract with I the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all funded programs by such agencies; all _ such contracts to be approved as to form by the City Attorney. APPROVED ATTEST: - In. Jr;d I/rJ Stephanie M. Moon, CMC City Clerk ~~~..~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of June, 2010. No. 38835-060710. AN ORDINANCE to transfer funding to specific Human Services Committee 1 agencies, amending and reordaining certain sections of the 2010-2011 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 2010-2011 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 -Medical League of Older Americans-Meals on Wheels Unified Human Services-Transportation (RADAR) Bethany Hall-Residential Substance Abuse Treatment Northwest Child Development Center West End Center Adult Care Center Conflict Resolution Center-Court Connect Roanoke Adolescent Health Partnership 01-630-5220-3700 01-630-5220-3708 01-630-5220-3709 01-630-5220-3721 01-630-5220-3722 01-630-5220-3725 $(430,582.00) 5,000.00 5,000.00 5,000.00 29,505.00 10,000.00 5,000.00 12,822.00 19,670.00 5,507.00 5,000.00 5,000.00 I 01-630-5220-3728 01-630-5220-3734 01-630-5220-3745 01-630-5220-3746 01-630-5220-3748 01-630-5220-3767 I Court Appointed Special Advocate Greenvale School Blue Ridge Independent Living Center Mental Health Association of Roanoke Valley Southwestern VA Second Harvest Food Bank Planned Parenthood of the Blue Ridge St. John's Community Youth Program Presbyterian Community Center-Pathways for Youth Presbyterian Community Center-Pathfinders Children's Advocacy Center-Parent Education Apple Ridge Farm Children's Trust-Children's Advocacy Center Family Service-ACTION Family Service-Home Care Family Service-Family & Individual Counseling Family Service-Adults Plus Blue Ridge Legal Services Goodwill Industries of the Valleys, Inc. Roanoke Valley Interfaith Hospitality Network Salvation Army-Turning Point Salvation Army-Emergency Shelter CHIP - Family Strengthening Program CHIP-Care Coordination Program YMCA of Roanoke Valley-Magic Place Council of Community Services-Monitoring Council of Community Services-Non-Profit Bradley Free Clinic -Dental Commonwealth Catholic Charities CHIP-Mental Health Services United Way of Roanoke Valley-Smart Beginnings 1 I 215 01-630-5220-3775 . 01-630-5220-3780 01-630-5220-3781 01-630-5220-3784 01-630-5220-3788 01-630-5220-3795 01-630-5220-3797 01-630-5220-3801 5,000.00 6,719.00 9,520.00 5,010.00 5,000.00 7,868.00 11 ,802.00 8,851.00 5,000.00 8,851.00 3,769.00 5,000.00 24,587.00 15,047.00 17,703.00 14,752.00 11 ,802.00 9,600.00 5,000.00 16,227.00 5,600.00 23,604.00 21,243.00 5,000.00 12,000.00 5,638.00 5,000.00 5,000.00 17,885.00 5,000.00 01 -630-5220-3903 01-630-5220-3915 01-630-5220-3917 01-630-5220-391 8 01-630-5220-391 9 01-630-5220-3920 01-630-5220-3921 01-630-5220-3922 01-630-5220-3923 01-630-5220-3926 01-630-5220-3927 . 01-630-5220-3929 01-630-5220-3930 01-630-5220-3932 01-630-5220-3933 01-630-5220-3934 01 -630-5220-3940 01-630-5220-3946 01-630-5220-3958 01-630-5220-3960 01-630-5220-3965 01 -630-5220-3972 2.16 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: ~ fr). hjO/!rJ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38836-060710. A RESOLUTION authorizing the City to pick-up the Employee's Contribution to the Virginia Retirement System (VRS) under 9 414(h) of the Internal Revenue Code For Plan 2 Employees of the City's Sheriff's Department. WHEREAS, the Virginia General Assembly, in its 2010 session, passed legislation creating a separate retirement plan for employees hired on or after July 1, 2010 (hereafter referred to as "Plan 2 Employees"). The legislation stipulates that Plan 2 Employees will pay their five percent (5%) member contribution and that, absent other action by the employer, such contribution will be paid through salary reduction according to Internal Revenue Code 9 414 (h) on a pre-tax basis; . 1 WHEREAS, the legislation allows certain employers, including the City of Roanoke, to pick-up and pay all or a portion of the member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary; WHEREAS, the election to pick-up and pay all or a portion of th~ member contributions on behalf of its Plan 2 Employees as an additional benefit not paid as salary shall, once made, remain in effect for the applicable fiscal year (July 1 - June 30) and shall continue in effect beyond the end of such fiscal year absent a subsequent resolution changing the way the five percent (5%) member contribution is paid; WHEREAS, employee contributions that are picked-up as an additional benefit not paid as salary are not considered wages for purposes of Virginia Code Sec. 51.1- 700, et seq., nor shall they be considered salary for purposes of Virginia Code Sec. 51.1-100, et seq.; I I 1 I 217 WHEREAS, the City of Roanoke desires to pick-up and pay its Plan 2 Employees' of the City's Sheriff1s Department member contributions to VRS as an additional benefit not paid as salary in an amount equal to five percent (5%) of creditable compensation; and WHEREAS, VRS tracks such picked-up member contributions and is prepared to treat such contributions as employee contributions for all purposes of VRS. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Effective the first day of July, 2010, the City shall pick-up member contributions of its Plan 2 Employees in the City's Sheriff's Department to VRS as an additional benefit not paid as salary in an amount equal to five percent (5%) of creditable compensation subject to the terms and conditions described above. 2. Such contributions, although designated as member contributions, are to be made by the City in lieu of member contributions. 3. Nothing herein shall be construed so as to permit or extend an option to VRS members to receive the picked-up contributions made by the City directly instead of having them paid to VRS. APPROVED ATTEST: ~d'h'hJfJ!YJ Stephanie M. Moon, CMC City Clerk ~~~"-" Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38837-060710. 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"); 218 WHEREAS, such Code, as amended, contains certain provIsions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); I 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.2, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter 1 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. I 219 I 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: . - 10. hJUIlrV Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38838-060710. 1 AN ORDINANCE to appropriate funding from the Federal 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: Appropriations Speech-Language 302-234-0000-0070-1630-62240-41129-2-01 $1,393.00 Pathologist Incentive Pay Social Security 302-234-0000-0070-1630-62240-42201-2-01 107.00 Speech-Language 302-234-0000-0050-1630-62240-41129-2-01 2,787.00 Pathologist Incentive Pay Social Security 302-234-0000-0050-1630-62240-42201-2-01 213.00 Speech-Language 302-234-0000-0220-1630-62240-41129-2-01 2,787.00 Pathologist Incentive Pay Social Security 302-234-0000-0220-1630-62240-42201-2-01 213.00 Speech-Language 302-234-0000-1000-1630-62240-41129-9-01 2,787.00 Pathologist Incentive Pay Social Security 302-234-0000-1000-1630-62240-42201-9-01 213.00 Speech-Language 302-234-0000-1000-1630-62240-41129-3-01 2,787.00 Pathologist Incentive Pay I Social Security 302-234-0000-1000-1630-62240-42201-3-01 213.00 Intervention Specialist 302-110-1315-0280-1650-61100-41125-3-01 9,085.00 Intervention Specialist 302-11 0-1315-021 0-1650-611 00-41125-3-01 9,085.00 Intervention Specialist 302-11 0-1315-0230-1650-611 00-41125-3-01 9,085.00 220 Intervention Specialist/Coordinator Supplemental Duty Supplemental Duty Supplemental Duty Supplemental Duty Retiree Health Credit SOQial Security VRS Health/Dental Insurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Dental Insurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Dental Insurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Dental Insurance Group Life Insurance Contracted Services Travel-Mileage Travel-Subsistence and Lodging Testing/Evaluation Materials and Supplies Non-capital Technical Hardware Revenues Federal Grant Receipts Federal Grant Receipts 302-110-1315-0150-1650-61100-41125-3-01 302-110-1315-0280-1650-61100-41129-3-01 302-110-1315-0210-1650-61100-41129-3-01 302-110-1315-0230-1650-61100-41129-3-01 302-110-1315-0150-1650-61100-41129-3-01 302-110-1315-0280-1650-61100-42200-3-01 302-110-1315-0280-1650-61100-42201-3-01 302-110-1315-0280-1650-61100-42202-3-01 302-110-1315-0280-1650-61100-42204-3-01 302-110-1315-0280-1650-61100-42205-3-01 302-110-1315-0210-1650-61100-42200-3-01 302-110-1315-0210-1650-61100-42201-3-01 302-110-1315-0210-1650-61100-42202-3-01 302-110-1315-0210-1650-61100-42204-3-01 .302-110-1315-0210-1650-61100-42205-3-01 302-110-1315-0230-1650-61100-42200-3-01 302-110-1315-0230-1650-61100-42201-3-01 302-110-1315-0230-1650-61100-42202-3-01 302-110-1315-0230-1650-61100-42204-3-01 302-110-1315-0230-1650-61100-42205-3-01 302-110-1315-0150-1650-61100-42200-3-01 302-110-1315-0150-1650-61100-42201-3-01 302-110-1315-0150-1650-61100-42202-3-01 302-110-1315-0150-1650-61100-42204-3-01 302-110-1315-0150-1650-61100-42205-3-01 302-110-1315-1000-1650-61100-43313-3-01 302-110-1315-1000-1650-61100-45551-3-01 302-110-1315-1000-1650-61100-45553-3-01 302-110-1315-1000-1650-61100-45584-3-01 302-110-1315-1000-1650-61100-46614-3-01 302-110-1315-1000-1650-68100-46650-3-01 302-000-0000-0000-1630-00000-38027 -0-00 302-000-0000-0000-1650-00000-38371-0-00 11,085.00 I 557.00 557.00 557.00 557.00 94.00 738.00 1,255.00 141.00 72.00 94.00 738.00 1,255.00 141.00 72.00 94.00 738.00 1,255.00 141.00 72.00 114.00 891.00 1,531.00 141.00 88.00 5,500.00 1,496.00 8,543.00 200.00 77,896.00 72,097.00 1 13,500.00 215,965.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AO:E_ST~ ~~dr). 'tYJ()IJ'n) Stephanie M. Moon, CMC City Clerk I I I I 221 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of June, 2010. No. 38839-060710. ( AN ORDINANCE to transfer funding from the School General Fund balance to School Food Service Fund fund balance to resolve an outstanding audit finding from the Commonwealth of Virginia Department of Education, amending and reordaining certain sections of the 2009-2010 School General and Food Service 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 School General and Food Service Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Transfer to Food Service 301-000-0000-0000-0000-00000-62000-0-00 $1,200,000.00 Fund Revenues Transfer from General 321-000-0000-0000-0000-00000-72000-0-00 1,200,000.00 Fund Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~rn.h;OvrJ Stephanie M. Moon, CMC City Clerk ~"'Q!/1;l-~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38840-062110. A RESOLUTION memorializing and paying tribute to Judith Gaynell Miller St.Clair for approximately forty-five years of dedicated service to the City of Roanoke. 222 WHEREAS, the members of City Council learned with sorrow of the passing of I Ms. St.Clair on Friday, May 14, 2010; WHEREAS, prior to graduating from Jefferson High School in 1960, Ms. St. Clair joined the City "family" as a part-time Clerk-Stenographer in the City Clerk's Office and thereafter worked full time until August 1965, when she resigned to join her husband, who had served in the armed forces, and to give birth to her first child; WHEREAS, in 1967 returned to the City Clerk's Office as a Clerk-Stenographer for almost seven years, and was promoted as Deputy City Clerk, a position she held until her retirement in February 1987; after nearly four years, she returned to the City's employment and provided administrative assistance to the Economic Development and Engineering Departments, as well as the City Manager's Office, prior to being rehired in the City Clerk's Office in 1991; WHEREAS, having been employed with the City Clerk's Office for almost thirty- five years, Ms. St. Clair was fortunate to have worked under the leadership of three City Clerks -- the late J. Robert Thomas, the late Virginia L. Shaw, and Mary F. Parker (Chocklett), and also had the privilege to work closely with four Mayors - the late Reverend Dr. Noel C. Taylor (1977-1992), the Honorable Ralph K. Smith (2000-2004), the Honorable Reverend C. Nelson Harris (2004-2008), and the current Mayor, the I Honorable David A. Bowers (1992-2000 and 2008 - present); WHEREAS, Ms. St. Clair united in holy matrimony with Michael Loving St. Clair on February 22, 1964, and was blessed with two children; David and Angela a daughter-in-law, Kelly, and two grandchildren; Noah and Lauren; WHEREAS, Ms. St.. Clair was a devoted and committed member of Beaverdam Baptist Church for over thirty-two years; she served in many capacities within the church, such as Church Clerk, Sunday School Teacher, Women on Mission, and the Beaverdam Choir; and . WHEREAS, Ms. St. Clair was a devoted wife and mother, a loving grandmother (affectionately known as "Nana"), a faithful sister and thoughtful friend; she was always willing to listen, slow to speak and quick to forgive, as well as the epitome of grace and an inspiration to everyone who knew her. THEREFORE, BE IT RESOLVED by 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 Judith Gaynell Miller St.Clair, and extends to her family its sincerest condolences. I 223 I 2. The City Clerk is directed to forward an attested copy of this Resolution to Michael Loving St.Clair, husband, of Goodview, Virginia. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2010. No. 38841-062110. I A RESOLUTION paying tribute to the Honorable M. Rupert Cutler, and expressing to him the appreciation of the City and its people for his exemplary public service. WHEREAS, Dr. Cutler was born in Detroit, Michigan, and educated at the . University of Michigan, where he received a bachelor's degree in Wildlife Management, and at Michigan State University, where he received a master's degree and doctorate in Resource Development; WHEREAS, Dr. Cutler retired in 1999 following a 45-year career in journalism, education, environmental policy, and natural resources public administration, and from 1991 to 1997 was executive director of Virginia's Explore Park; WHEREAS, Dr. Cutler served on City Council from 2002 to 2006; and was later appointed by the City Council to fill the unexpired term of Alvin L. Nash beginning March 2009; WHEREAS, during his recent term on City Council, Dr. Cutler worked diligently as Vice-Chair of the Personnel Committee; a member of the Roanoke City Audit Committee; on the Board of Directors of the Greater Roanoke Transit Company; as a member of the Legislative Committee; asa City Representative for the Roanoke Valley Area Metropolitan Planning Organization's Policy Board; and as a City Representative for the Virginia Municipal League Environmental Quality Policy Committee; and I 224 WHEREAS, Dr. Cutler has been actively involved in the community, serving as a I member and former president of the Kiwanis Club of Roanoke; chair of the Western Virginia Water Authority; a member of the Board of Directors of the Western Virginia Land Trust; and a Trustee for the Virginia Outdoors Foundation; and has been active with Sons of the American Revolution, Roanoke Valley Bird Club, the Roanoke Appalachian Trail Club, the Virginia Gentlemen Barbershop Harmony Chorus, Blue Ridge Public Television, the League of Older Americans, and the Harrison Museum of -African America Culture. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable M. Rupert Cutler. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable M. Rupert Cutler. . APPROVED ~-~ David A. Bowers Mayor I ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38842-062110. A RESOLUTION paying tribute to the Honorable Gwendolyn W. Mason, and expressing to her the appreciation of the City and its people for her exemplary public service. WHEREAS, Ms. Mason is a native of Richmond, Virginia, and was educated at Smith College in Northampton, Massachusetts, where she received a B.A. in American Government, and at the University of Virginia, Charlottesville, Virginia, where she received an M. A. in Public Administration; I I I I 225 WHEREAS, Ms. Mason has worked as a grant writer for non-profit organizations and as a consultant to Orchard House School, a research-based girls' middle school in Richmond founded by her sister, Nancy W. Davies; WHEREAS, Ms. Mason worked for 15 years for the Federal government in Washington, D.C., including thirteen years at the Department of the Interior; WHEREAS, Ms. Mason served on the staff of Interior Secretary Bruce Babbitt for two years, and in 2001, was granted the Meritorious Service Award by the Secretary of ; the Interior for her contributions to the Department; WHEREAS, having been elected to City Council in May 2006, Ms. Mason has served as a member of City Council since July 1, 2006; WHEREAS, during her time on City Council, Ms. Mason has worked diligently as Chair of the Personnel Committee, as Council Liaison to the Mayor's Committee for People with Disabilities, as a member of the Roanoke City Audit Committee, on the Board of Directors for the Greater Roanoke Transit Company, as Vice-Chair of the Legislative Committee, as Council representative on the Virginia's First Cities Coalition, and as City Representative on the Virginia Municipal League Community and Economic Development Policy Committee; and WHEREAS, Ms. Mason has been actively involved in the community, serving as a Trustee for the Virginia Intermont College in Bristol, Virginia; a member of the State Board on Conservation and Recreation; the Nature Conservancy, Virginia Chapter; and the Governmental Relations Committee; has been active with the Western Virginia Land Trust, and previously served on the Roanoke Parks and Recreation Advisory Board and the Roanoke Stadium Study Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of RoanokeJ and its people by the Honorable Gwendolyn W. Mason. 226 APPROVED I 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable Gwendolyn W. Mason. ATTEST: Jonathan E.~ Deputy City Clerk ~~~.~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2010. No. 38843.,062110. A RESOLUTION paying tribute to Chief A. L. "Joe" Gaskins on the occasion of his retirement upon twelve years of service with the City of Roanoke Police Department. WHEREAS, Chief Gaskins, a native of Bertie County, North Carolina, came to I Roanoke in 1998, after twenty-six years with the Newport News Police Department; WHEREAS, Chief Gaskins has made community policing a priority since his arrival in Roanoke, expanding the force's Community Oriented Policing Effort to improve citizen-police interactions in the City's neighborhoods, resulting in the innovative Geographic Policing Initiative, which has become a model for police departments across the nation; WHEREAS, over the years Chief Gaskins has launched the Citizen Police Academy, the Advanced Citizen Police Academy, the Senior Police Academy, and the Business Police Acac;temy, as initiatives aimed at enhancing community relations, and he set up the Chief's Challenge Camp to teach rising ninth graders about police work, as well as the Police Cadet Program for college students interested in a career in law enforcement; WHEREAS, Chief Gaskins has implemented the Disciplinary Review Board, a board comprised of civilians and sworn supervisors from the Roanoke Police Department, to hear the results of investigations into complaints against officers and recommend disciplinary actions for officers; I I I I 227 WHEREAS, Chief Gaskins has implemented a number of staff and personnel changes to improve police service to Roanoke's citizens, including forming the K-9 Unit; the Organized Crime Squad, which targets organized drug operations; the Street Crimes Unit and Southside Enforcement Team, which focus on street-level criminal activity; he has created a civilian Crime Prevention Specialist position to facilitate citizen and media relations; expanded the Crime Analysis Unit; added a special Cold Case Detective to work on unsolved homicides; increased staff to address domestic violence and sexual assault; expanded Victim/Witness services; targeted programs to reach out to the Hispanic population by adding a Hispanic Outreach Specialist; and increased cooperation with various law enforcement agencies such as ATF, ICE, DEA, FBI, and the Marshal Service; WHEREAS, Chief Gaskins' exemplary efforts to decrease crime earned the City of Roanoke the distinction of being named a Certified Crime Prevention Community in 2001 - a one-of-a-kind program of recognition created by a 1998 directive from the Governor's New Partnership Commission for Community Safety; WHEREAS, Chief Gaskins has facilitated a number of advances in the department's physical facilities, including the transition to a new police headquarters building in 2001, the design of a mobile command vehicle which is used in high-crime areas to coordinate operations and acts as a mobile substation to help bring a strong police presence into the community, and, most recently, the new state-of-the-art Roanoke Police Training Academy; WHEREAS, Chief Gaskins has promoted the use of advanced departmental technology, such as the ongoing project to implement the Roanoke- Area Criminal Justice Information Network, high-tech informational dashboard' systems, for police cruisers, automated tag readers to improve recovery of stolen vehicles, "Panoscan" technology to enhance forensic documentation of crime scenes or critical incidents, and he designed a new color scheme for the police cruisers that makes the cruisers more visible in the community and acts as a deterrent to crime; WHEREAS, Chief Gaskins lead the department, first accredited in 1994, through four consecutive re-accreditations by the Commission on Accreditation for Law Enforcement Agencies (CALEA), including a perfect on-site assessment in 2008, and has been the driving force behind the development of departmental policies intended to get the new Training Academy CALEA accredited; and 228 WHEREAS, the Virginia Association of Chiefs of Police honored Chief Gaskins in I 2008 with the President's Award for his many years of service to Virginia law enforcement; he was also awarded by the International Association of Chiefs of Police Environmental Crimes Committee the Chief Dave Cameron Award for the department's participation in the Blue Ridge Environmental Crimes Task Force, and he has also served as a representative for the Virginia Association of Chiefs of Police on the Virginia Criminal Justice Services Board, as Vice-President of the Blue Ridge Association of Chiefs of Police, and as a member of the Board of Directors for the Virginia Police Chiefs Foundation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke: 1. That it expresses a sincere appreciation to Chief A. L. "Joe" Gaskins for his dedicated service to the citizens of the City of Roanoke, Virginia. 2. That it recognizes the exemplary dedication shown by A. L. "Joe" Gaskins to the highest standards of professional performance and service. 3. That an attested copy of this Resolution shall be forwarded to Chief A. L. "Joe" Gaskins. APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2010. No. 38844~06211 O. A RESOLUTION approving Amendment No. 1 to the Redevelopment Plan for the South Jefferson Redevelopment Area; providing for an effective {date for such Amendment No.1; and providing for the City Clerk to take certain actions. I WHEREAS, by Resolution of the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority ("RRHA") dated March 12, 2001, RRHA I approved the Redevelopment Plan for the South Jefferson Redevelopment Area (the "Redevelopment Plan"); I I I 229 WHEREAS, the Council of the City of Roanoke by Resolution No. 35248-031901, adopted March 19, 2001, approved the Redevelopment Plan; WHEREAS, RRHA has pursued the Goals and Objectives of the Redevelopment Plan by acquiring and clearing properties in the South Jefferson Redevelopment Area and making those properties available for redevelopment in accordance with the terms of the Redevelopment Plan, and by pursuing other activities consistent with the Goals and Objectives of the Redevelopment Plan; , WHEREAS, RRHA continues to pursue the Goals and Objective of the Redevelopment Plan; WHEREAS, RRHA has disposed of certain property in the South Jefferson Redevelopment Area under agreements obligating the purchaser to redevelop the property in accordance with the terms of the Redevelopment Plan, but such redevelopment has not yet been completed; WHEREAS, RRHA has acquired and holds title to properties in the South Jefferson Redevelopment Area which are in need of redevelopment as a part of the Redevelopment Plan, but which have not yet been redeveloped; WHEREAS, RRHA is currently engaged in condemnation proceedings for. the acquisition of property in the South Jefferson Redevelopment Area, which property is in need of redevelopment as a part of the Redeve.lopment Plan; WHEREAS, efforts undertaken by RRHA under the terms of the Redevelopment Plan, ,combined with private activities in the South Jefferson Redevelopment Area, have resulted in substantial progress toward achieving the Goals and Objectives of the Redevelopment Plan, but there remains a need for targeted attention to those properties which RRHA has acquired, or is in the process of acquiring, but which have not yet been redeveloped, as well as to other properties located in the South Jefferson Redevelopment Area; WHEREAS, it is necessary and appropriate that the Redevelopment Plan remain in place, and that redevelopment activities continue in the South Jefferson Redevelopment Area; WHEREAS, The City of Roanoke and RRHA are parties to an "Amended and Supplemented South Jefferson Cooperation Agreement 2," as amended, which, among other things, provides for the RRHA to accomplish the Goals and Objectives set forth in the [South Jefferson Redevelopment] Plan," and in March 2009 such Agreement was extended for a period of five (5) years, to and including March 18, 2014, so as to permit RRHA to continue pursuing the Goals and Objectives of the Redevelopment Plan; 230 WHEREAS, it is necessary to amend the Redevelopment Plan in order to reflect I changes in State law, including (but not limited to) restrictions on the use of eminent domain which will become applicable to the Redevelopment Plan effective July 1, 2010; WHEREAS, the proposed "Amendment No. 1 to Redevelopment Plan-South Jefferson Redevelopment Area," a copy of which is attached to the City Manager's letter dated June 21, 2010, to this Council, describes in more detail the activities that have been undertaken to date under the Redevelopment Plan, describes the current conditions in the South Jefferson Redevelopment Area, and would amend the Redevelopment Plan in order to reflect the referenced changes in State law; WHEREAS, the City has given written notice of the City's intent to consider the proposed "Amendment No. 1 to Redevelopment Plan-South Jefferson Redevelopment Area" to all current owners of property in the South Jefferson Redevelopment Area previously disposed of by RRHA for use in accordance with the Redevelopment Plan, as required by the terms of the Redevelopment Plan, in order for such Amendment to become effective; WHEREAS, it does not appear that approval of the proposed "Amendment NO.1 to Redevelopment Plan - South Jefferson Redevelopment Area" will have a material adverse impact on any such owners; WHEREAS, the continued operation of the Redevelopment Plan, as amended in I accordance with the proposed "Amendment No. 1 to Redevelopment Plan-South Jefferson Redevelopment Area" will in fact benefit the property owners in the South Jefferson Redevelopment Area; and WHEREAS, the RRHA Board of Commissioners, at its meeting on May 24,2010, unanimously approved and adopted "Amendment No. 1 to Redevelopment Plan-South Jefferson Redevelopment Area," provided that if such Amendment NO.1 is approved by the Council of the City of Roanoke such Amendment shall become effective June 30, 2010. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . That "Amendment No. 1 to Redevelopment Plan-South Jefferson Redevelopment Area" is hereby approved by the Council of the City of Roanoke. 2. That such "Amendment No. 1 to Redevelopment Plan-South Jefferson Redevelopment Area" as attached to the above mentioned City Manager's letter, having been approved and adopted by the Board of Commissioners of the RRHA at its meeting on May 24, 2010, and hereby being approved by the Council of the City of Roanoke, shall and does become effective June 30, 2010. I I I 231 3. The City Clerk is hereby directed to file a copy of the "Amendment No. 1 ~o Redevelopment Plan-South Jefferson Redevelo~ment Are~" with the minutes of .t~IS meeting in the Clerk's Office, attach a copy to this Resolution, and to send a certified copy of this Resolution to the Executive Director of the RRHA. APPROVED ATTEST: ~&- Deputy City Clerk &)~A~~ David A. Bowers Mayor AMENDMENT NO.1 TO REDEVELOPMENT PLAN SOUTH JEFFERSON REDEVELOPMENT AREA Roanoke Redevelopment and Housing Authority This Amendment No. 1 to the Redevelopment Plan for the South Jefferson Redevelopment Area (hereinafter referred to as the "Amended Redevelopment Plan" or the "Amended South Jefferson Redevelopment Plan) amends and supplements, but does not repla<;e, the Redevelopment Plan for the area that was approved by the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority on March 12, 2001, and approved by the Roanoke City Council on March 19,2001. This Amended Redevelopment Plan constitutes the Revitalization Plan for the area for the next five (5) years. This Amended Redevelopment Plan has an effective date of June 30, 20 10. It consists of eighteen (18) pages, two (2) maps and one (1) appendix. In the event there is any conflict between the provisions of the original South Jefferson Redevelopment Plan and this Amended Redevelopment Plan, then the provisions of the two Plans shall be construed insofar as possible to be consistent, but if this is not possible then the provisions of this Amended Redevelopment Plan shall govern. /) 2 I I I I 233 AMENDED SOUTH JEFFERSON REDEVELOPMENT PLAN Effective as of June 30, 2010 CITY OF ROANOKE, VIRGlNIA A. INTRODUCTION On March 12, 2001, the Board of Commissioners of tile City of Roanoke Redevelopment and Housing Authority ("RRHA") approved the original South Jefferson Redevelopment Plan, in which the South Jefferson Redevelopment Area was designated as a REDEVELOPMENf PROJECT under Chapter 1, Article 7, Title 36, Code of Virginia (as in effect in March 2001) because it was found to be a "blighted or deteriorated area" in need of concentrated public action in order to remove blight and blighting influences and permit proper redevelopment so as to strengthen the economic base of the City of Roanoke, Virginia. The Roanoke City Council subsequently approved the South Jefferson Redevelopment Plan on March 19,2001. The problems identified in the South Jefferson Redevelopment Area included: deteriorated and dilapidated structures, deficient streets, sidewalks, and drainage, deleterious land uses, obsolete layout/faulty arrangement of design, obsolescence, flood hazards, abandoned structures, abandoned vehicles, an accumulation of debris and overgrown lots, depressed economic business activity, and a decline in the economic impacts for the City of Roanoke. Studies detennined that 74.4% of the total land area, comprising 77 .8% of the tax parcels, in the South Jefferson Redevelopment Area was, for one or more of the reasons set forth in the applicable statutes, either blighted and deteriorated or improperly developed, or both. The remaining parcels were adversely ,affected by these conditions. The target area was designated as a Redevelopment Area for the purpose of removing blight and blighting influences and with a goal of providing for the physical and economic revitalization of the area. As explained in more detail below, efforts undertaken by RRHA under the terms of the original South Jefferson Redevelopment Plan, combined with private activities in the South Jefferson Redevelopment , Area, have resulted in substantial progress toward achieving the goals and objectives of the original South Jefferson Redevelopment Plan. RRHA is still engaged in redevelopment acti vines on parcels within the South Jefferson Redevelopment Area, and there remains a need for targeted attention to those properties as well as to properties located in Phase 4 of the South Jefferson Redevelopment Area. B. DESCRIPTION OF PROJECT AREA The boundary of the South Jefferson Redevelopment Area is delineated on the Boundary and Acquisition Map (Exhibit 1a), South Jefferson Redevelopment Area, Roanoke Redevelopment and Housing Authority (RRHA), dated January 5, 2001, and is further desCribed as follows: ' BOUNDARY DESCRIPTION SOUTH JEFFERSON REDEVELOPMENT AREA BEGlNNING at the southwestern point of Parcel 1040102, City Tax Map, on the eastern right-of-way line of Route 220, Roy Webber Expressway; Thence, northeasterly approximately 32.5 feet along the right-of-way of Route 220 to a point, said point being the northwestern corner of Parcel 1040 102, City Tax Map; 3 234 Thence, easterly approximately 994.4 feet along the northern property line of Parcel 1040102, City Tax Map, to its intersection with the western right-of-way line of Franklin Road. Thence, continuing easterly approximately 62 feet across Franklin Road toa point on the eastern right-of- way line of Franklin Road; Thence. northerly approximately 229.5 feet along the eastern right-of-way line of Franklin Road to a point approximately 37.5 feet west of Parcel 1032205, City Tax Map; Thence, easterly approximately 1173.38 feet to a point approximately 30 feet north of the northenunost boundary point of Parcel 1032207 Tract A, City Tax Map; Thence, northeasterly approximately 762.51 feet to a point on the western right-of-way line of Jefferson Street; . Thence, northerly approximately 1409.5 feet along the western right-of-way line" of Jefferson Street to the intersection of said line with the northern right-of-way line of Albermarle Avenue; Thence, easterly approximately 372.5 feet along the northern right-of-way line of Albermarle Avenue to the intersection of said line with the western right-of-way of the alley closed by ordinance 22081-3375; Thence, northerly 136.2 feet along said alley right-of-way line to its intersection with the northern property line of Parcel 4021503, City Tax Map; Thence, westerly approximately 193.6 feet along the northern property lines of Parcels 4021503, 4021508 and 4021507, City Tax Map, to the intersection of said line with the western property line of Parce1402i505, City Tax Map; Thence, northerly approximately 270.0 feet along the western property line ofParcel402lS05 to the intersection of said line with the southern right-of-way line of Highland Avenue; Thence, continuing northerly approximately 50 feet along the western right-of-way line of Highland A venue to the north right-of-way line of said Avenue; , Thence, easterly approximately 246.5 feet along the northern right-of-way line of Highland A venue to the intersection ,of the said right-of-way line with the western right-of-way line of 3rd Street; Thence, continuing easterly across 3111 Street approximately 50 feet to a point. said point being on the eastern right-of-way-of3[d Street; Thence, southerly approximately 1340.6 feet along the eastern right-of-way line of 3rd Street to the intersection of said line with the northern right-of-way line extended of the NorlolkSouthern Corporation Railway eastern tracks; Thence, continuing easterly across the northern right-of-way line extended of the Norlolk Southern Corporation Railway to the intersection of said line with the southern most property boundary point of Parcel 4030307 . City Tax Map, on the eastern right-at-way line of the Norfolk Southern Corporation Railway; Thence, northerly approximately 1152 feet along the eastern right-of-way line of the NorfolkSouthern Corporation Railway to the intersection of said line with the southern right-of-way line of Albermarle Avenue; 4 I I I I I I 235 Thence, continuing northerly approximately 50 feet across Albermarle Avenue to a point at the intersection of the northern right-of-way line of Albennarle Avenue with the western most property boundary point of Parcel 4020920, City Tax Map; Thence, northerly approximately 211.0 feet along said western property line of Parcel 4020920, City Tax Map, to its intersection with the southwestern rigbt-of-way line of 4th Street; Thence, continuing north approximately 427.7 feet to a point along the northern right-of-way line of 4lh Street; Thence, southeasterly approximately 50 feet across 4th Street to a point at the intersection of the southern right-of-way line of 4th Street and the northern property line of Parcel 4021914, City Tax Map; Thence, southeasterly approximately 110 feet along the northern property line of Parcel 4021914, City Tax Map, to the intersection with the eastern property line of said Parcel; Thence, southerly approximately 440.3 feet along the eastern property lines of Parcels 4021914, 4021934, and 4021915, City Tax Map, to the intersection of said line with the northern right-of-way line of Albermarle Avenue; Thence, easterly approximately 94.9 feet along the northern right-of way line of Albermarle Avenue to the intersection of said line with the eastern property line of Parcel 4021925, City Tax Map; Thence, southerly approximately 50 feet across Albermarle Avenue to point at the intersection of the southern right-of-way line of Albermarle Avenue and the western property boundary line of Parcel 402221 I, City Tax Map; Thence, southerly approximately 282 feet along the western property lines of Parcels 4022211 and 402223, City Tax Map, to the intersection of said western property line with the northern right~of-way line of the Norfolk Southern Corporation Railway; , Thence, southerly approximately 87 feet across the Norfolk Southern Corporation Railway to a point along the southern right-of-way line of the Norlolk Southern Corporation Railway; Thence, northeasterly approximately 217.6 feet along the southern right-of-way line ofthe Norfolk Southern Corporation Railway; Thence, southeasterly approximately 19.6 feet along the southern right-of~way line ofthe Norlolk Southern Corporation Railway to the intersection of said line with the northern property line of Parcel 4030301, City Tax Map; Thence, southerly approximately 40 feet aIongthe northern property line of Parcel 4030301, City Tax Map; Thence, easterly approximately 100 feet along said northern property line to the eastern most property line of Parcel 4030301, City Tax Map; Thence, southwesterly approximately 428 feet along the eastern property line of Parcel 403030 I, City Tax Map, to its intersection with the eastern right-of-way line of the Walnut Bridge On-R~mp Access Road; 5 236 Thence, southwesterly approximately 12 feet along the eastern right-of-way line of the Walnut Bridge On-Ramp Access Road to its intersection with the most southeasterly property boundary of Parcel 4030304, City Tax Map; I Thence, continuing southwesterly approximately 320 feet along the southeasterly property line of Parcel 4030304, City Tax Map', to said lines intersection with the northern right-of-way line of Walnut Avenue. Thence, continuing southwesterly approximately 55 feet across Walnut A venue to the intersection of said Avenue and the southeast comer of Parcel 4030306, City Tax Map; Thence, southwesterly approximately 482 feet along the eastern property line of Parcel 4030306 to the intersection of said line with the eastern right-of-way line of the Norfolk Southern Corporation Railway; Thence, southerly approximately 258.5 feet along the eastern right-of-way line of the Norfolk Southern Corporation Railway to its intersection with the northern property line of Parcel 4040501, City Tax Map; Thence, southerly approximately 1453.5 feet along the east property lines of Parcels 4040501, 4040503, 4040506, 4040502, 4040508 and 4040507, City Tax Map, to the intersection of said line with the southwest corner of Parcel 4040507, City Tax Map and the eastern right-of-way line of South Jefferson Street; , c Thence, westerly approximately 93 feet across South Jefferson Street to a point at the intersection of the eastern right-of-way line of the Norfolk Southern Corporation Railway and the eastern right-of-way of South Jefferson Street; , Thence, northerly approximately 875 feet along the eastern right-of-wayJine of Jefferson Street to a point at the intersection of said eastern right-of-way line and the southern right-of-way line extended of Reserve Avenue; I Thence, westerly approximately 1970.4 feet along the southern right-of way line of Reserve Avenue to its intersection with the eastern right-of-way line of Franklin Road; Thence, southwesterly approximately 134.9 feet along the eastern right-of-way line of Franklin Road to a point at the intersection of said eastern right-of-way and the southern property line of Parcel 1040102, City Tax Map, extended; Thence, westerly approximately 56 feet across Franklin Road to a point at the intersection of the western right-of-way line of Franklin Road and the southern property line of Parcel 1040 102, City Tax Map; Thence, westerly approximately 850.8 feet along the southern property line of Parcel 1040102, City Tax Map, to the POINT OF BEGINNING. This area is hereinafter referred to as the "Redevelopment Area." c. CONDITIONS REQUIRING REDEVELOPMENT AT TIME OF APPROVAL OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN The original ,South Jefferson Redevelopment Plan that was approved by the Board of Commissioners of RRHA on'March 12, 2001, and approved by the Roanoke City Council on March 19,2001, sets out the conditions that were deemed to require redevelopment as of the date of the approval of the Redevelopment Plan. Section C of the original South Jefferson Redevelopment Plan ("Conditions 6 I ", > I I I 237 Requiring Redevelopment'') details the conditions and factors that were found to be present in the Redevelopment Area and that supported the detennination that the area qualified as a "blighted or deteriorated area" eligible for redevelopment under the law in effect at the time the original South Jefferson Redevelopment Plan was approved. D. REDEVELOPMENT ACTIVITY SINCE APPROVAL OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN The attached graphic titled "Property Transactions - South Jefferson Redevelopment Area" shows the properties acquired by RRHA and conveyed for redevelopment since the adoption of the original South Jefferson Redevelopment Plan. RRHA acquired thirty-four tax parcels located in the Redevelofment Area, comprising approximately 25 acres, more or less, through eleven (11) voluntary transactions. These acquisitions included three of the largest parcels in the Redevelopment Area. A portion of one of these eleven parcels was deeded to the City of Roanoke for use in connection with the Roanoke River flood reduction project. 2 All of the parcels acquired by RRHA through voluntary transactions in Phase I and Phase lA of the Redevelopment Area were cleared by RRHA and made available for redevelopment by private enterprise. All of these parcels have either been redeveloped or are currently in the process of being redeveloped by pri vate enterprise, in conformance with the terms of the South Jefferson Redevelopment Plan. Properties acquired by RRHA in Phase 3 of the RedevelopmentArea have been sold to a private entity which, under an agreement with RRHA, has demolished the existing structures and cleared the property.3 RRHA still owns another property in Phase 3 of the Redevelopment Area, but has an agreement iri place to sell that property to the same private entity once environmental remediation of the property is completed.4 Once that property is transferred to the purchaser, the purchaser will be obligated to submit a site development plan for the properties to RRHA within eighteen months of the completion of site preparation work. The acquisition, clearance and redevelopment of these properties has had a significant impact in addressing the blight conditions described above. RRHA is in the process of acquiring three parcels in the Redevelopment Area through the condemnation process.s Condemnation of these parcels was pursued because the current owners of such parcels have I Tax Map Nos. 4040507,4040503,1031903,1032203,1031902,1032001, 1031901, 1032207, 4040301 (includes tax map numbers 1032002, 1032005, 1032006, 1032101,1032102, 1032103, 1032104, 1032105,1032106,4040207,4040202,4040203,4040204,4040206,4040303&4040306), 4040401 (includes tax map numbers 4030501, 4040401, 4040102, 4040103,4040104,4040105, 4040106,4040201). RRHA also acquired a 2.645 acre tract of former railroad right of way through a transaction with Norfolk Southern Railway Co. 2 Current Roanoke City Tax Map No. 4040503R, comprising 0.3517 acres. 3 Tax Map No. 4040301 (includes tax map numbers 1032002,1032005,1032006, 1032101, 1032102, 1032103,1032104, 1032105,1032106,4040207,4040202,4040203,4040204,4040206, 4040303 & 4040306). 4 Tax Map No. 4040401 (includes tax map numbers 4030501,4040401,4040102,4040103, 4040104,4040105,4040106,4040201). 5 Tax Map Nos. 1032208 & 1032209 (located in Phase I of the Redeveloprnent Area); Tax Map No. 4030212 (located in Phase 2 of the Redevelopment Area). 7 238 failed to redevelop them as called for by the South Jefferson Redevelopment Plan. RRHA has acquired title to two of these parcels following a trial on the issue of the amount of just compensation owed, entry of a Court Order conf'mning the Jury Report establishing the amount of just compensation owed, and payment by RRHA of this amount into Court.6 However, post-trial and appellate proceedings have not bc;en completed. Trial on the issue of just compensation owed for the third parcel is currently scheduled for September, 2010.7 The just compensation trial in that case was continued from an earlier date with a stipulation by the landowners to waive any defenses that might be asserted to the taking of the property. I E. OTHER PRIVATE ACTIVITY IN THE REDEVELOPMENT AREA SINCE APPROVAL OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN The attached graphic titled "Property Transactions - South Jefferson Redevelopment Area" also shows the parcels in the Redevelopment Area that have been acquired in private transactions since the date of approval of the Redevelopment Plan. Since the date of the approval of the Redevelopment Plan, roughly sixty (60) percent of the real estate transactions in the Redevelopment Area, by parcel, have been transactions between private owners in which RRHA was not involved. Much of the private owner activity has occurred in the northern portion of the Redevelopment Area, in Phase 2 and Phase 4. Several of these parcels have already been redeveloped in a manner consistent with the Redevelopment Plan (e.g., current Roanoke City Tax Map Nos. 4022001 and 4022012, which combined some fifteen tax parcels located in the Redevelopment Area into two large parcels that have been redeveloped into an ambulatory surgery center), while others have been substantially improved. In all, 26 parcels totaling approximately 13 acres, more or less. within the boundaries of the Redevelopment Area have been acquired by private entities. with no involvement by RRHA, since the original South Jefferson Redevelopment Plan was adopted. Additionally, two parcels in the Redevelopment Area have been redeveloped by the original owner in conformance with the South Jefferson Redevelopment Plan.s I F. OTHER ACTIVITIES IN THE REDEVELOPMENT AREA SINCE APPROVAL OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN Other significant activities in or adjacent to the Redevelopment Area include: I. The restoration of the Virginian Railway Passenger Station (located within the South Jefferson Redevelopment Area) is being undertaken by the Roanoke Chapter of the National Railway Historical Society, in partnership with the Roanoke Valley Preservation Foundation. The historic structure is to be restored and returned to a combination of public and private use. Federal and State grants totaling more than $500,000 have been obtained to begin the restoration. 6 City of Roanoke Redevelopment and Housing Authority v. B&B Holdings LLC, et aL, Case No. 770CL07001348-00, in the Circuit Court for the City of Roanoke. 7 City of Roanoke Redevelopment and Housing Authority v. William D. Stegall, et aI., Case No. 77CL08002454-00, in the Circuit Court for the City of Roanoke. STax Map Nos. 1032212 & 4040501. 8 I I I I 239 2. Demolition of the fonner Victory Stadium site, adjacent to the Redevelopment Area, and its conversion to recreational space. 3. The scheduled demolition of the National Guard Armory and the former Parks and Recreation Department building located on property adjacent to the Redevelopment Area, as a part of tbe Roanoke City Parks & Recreation Master Plan. 4. The development of the Roanoke River Greenway and attendant features. G. PROGRESS TOWARD ACHIEVING GOALS AND OBJECTIVES SINCE APPROVAL OF THE ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN Substantial progress has been made toward achieving the goals and objectives set out in the original South Jefferson Redevelopment Plan. A substantial portion of the Redevelopment Area has been redeveloped so as to eliminate blight, blighting influences, deteriorating structures and deleterious land uses. Appendix A (attached and made a part of this Amended Redevelopment Plan) contains photographs showing the condition of properties in the Redevelopment Area prior to the commencement of redevelopment activities along with photographs showing the current condition of the properties after redevelopment activities. The redevelopment has proceeded in an orderly manner so as to tie the Redevelopment Area more closely to the central downtown area of the City, thereby strengthening both areas. Redevelopment focused on medicaIlbiomedical/biotechnology and related uses has produced a stable mix of appropriate business which generate substantial economic value for the City of Roanoke. However, there remain some portions of the Redevelopment Area, primarily located between Williamson Road and the Roanoke River in Phase 4 of the Redevelopment Area, which continue to be in need of redevelopment, and the redevelopment of these parcels would provide additional benefits to the City of Roanoke. A number of these parcels remain in distressed condition. Purchasers of some of these parcels have approached RRHA andlor the City of Roanoke to discuss potential redevelopment of those parcels. Additionally, the existence and enforcement of the, General Land Use Plan set forth in the original South Jefferson Redevelopment Plan, and the use and enforcement of the Design Guidelines for the South Jefferson Redevelopment Area, have resulted in an orderly, uniform redevelopment with substantial positive benefits for the City of Roanoke. Accordingly, is it desirable and appropriate that certain aspects of the South Jefferson Redevelopment Plan remain operative in order to control, direct and assist development of those parcels still in need of redevelopment. Additionally, it is desirable and necessary that certain provisions of the South Jefferson Redevelopment Plan remain in effect in order to govern ongoing and planned redevelopment of parcels which have already been acquired by RRHA, or which RRHA is in the process of acquiring, so that these properties will be redeveloped in an appropriate manner consistent with the intent of the South Jefferson Redevelopment Plan and the provisions of the Design Guidelinesfor the South Jefferson Redevelopment Area. This includes redevelopment of the remaining property in Phase I of the Redevelopment Area which has been acquired by RRHA, but not yet redeveloped9, which is necessary in OI;der to complete tbat phase of the redevelopment project, as well as redevelopment of the property to be acquired by condemnation in Phase 2 of the Redevelopment Area 10, which is a highly visible property and is in a 9 Tax Map Nos. 1032208 & 1032209. JO Tax Map No. 4030212. 9 240 location that will help to tie together redevelopment activities undertaken by RRHA with development activities undertaken through private transactions. H. REDEVELOPMENT AREA TO REMAIN IN EFFECT AS DELINEATED IN ORIGINAL SOUTH JEFFERSON REDEVELOPMENT PLAN The boundaries of the Redevelopment Area as established in the original South Jefferson Redevelopment Plan shall remain unchanged. I. GOALS AND OBJECTIVES TO REMAIN IN EFFECT AS TO UNDEVELOPED PARCELS The Goals and Obj ectives set forth in Section D of the original South Jefferson Redevelopment Plan ("Statement of Goals and Objectives") are hereby reaffinned. Particularly, there is a need for continued redevelopment of the remaining undeveloped parcels in the Redevelopment Area, particularly those parcels in Phase I, Phase 2, Phase 3 (which are in the process of redevelopment), and parcels in Phase 4 which have not yet been redeveloped, in order to provide for appropriate land uses. to have such parcels redeveloped in accordance with the Redevelopment Plan, to provide for an orderly development framework in order to connect the Redevelopment Area more closely to the central downtown area, and to permit improved public access to and enjoyment of the Roanoke River. J. GENERAL LAND USE PLAN TO REMAIN IN EFFECT The General Land Use Plan set forth in the original South Jefferson Redevelopment Plan (Section E. including subsections a. though g.) shall remain in effect, and is hereby incorporated by reference as though fully set forth. K. REDEVELOPMENT TECHNIQUES TO BE USED TO ACHIEVE PLAN OBJECTIVES Based on the substantial progress that has been made toward achieving the goals and objectives of the South Jefferson Redevelopment Plan since its approval, the need for continued aggressive acquisition, clearance and redevelopment of additional land within the Redevelopment Area utilizing public funds has greatly diminished. Accordingly, as of the date of the approval of this Amended Redevelopment PIan RRHA will focus on redevelopment through private transactions with owners of properties in the Redevelopment Area (either through voluntary acquisition of properties if requested or agreed to by the property owner(s) or through partnerships to support owner redevelopment of the properties). With the exception of the properties it is currently in the process of acquiring through the condemnation process, RRHA has no present plans to acquire any additional properties in the Redevelopment Area unless the acquisition is at the request of, or witb the agreement of, the owner(s) of the property. With the exception of the properties it is currently in the process of acquiring through the condenmation process, RRHA does not intend at this time to use the power of eminent domain to acquire additional properties in the Redevelopment Area. However, eminent domain will be considered in very narrow circumstances as permitted under Virginia Code ~ 1-219.1, or other applicable laws, but only base~ on additional future action by the Board of Commissioners of RRHA. From and' after the date of approval of this Amended Redevelopment Plan. RRHA will no longer actively seek to acquire additional properties in the Redevelopment Area. However, RRHA intends to complete the acquisition of the three parcels which it is currently seeking to acquire through condemnation proceedings. The attached "Boundary & Acquisition Map" delineates the remaining properties in the Redevelopment Area which RRHA will conside:r for acquisition if requested or agreed to by the property 10 I I I I I I 241 owner(s). RRHA will consider acquisition of additional properties in the Redevelopment Area only on the bases set forth below. 1. Acquisition of Real Prooertv bv Use of Eminent Domain From and after the date of approval of this Amended Redevelopment Plan, property designated as property "to be considered for acquisition" on the attached Boundary & Acquisition Map will not be acquired by RRHA through the use of eminent domain except in the following limited circumstances: a. Subject to the availability offunds, RRHA may utilize eminent domain to acquire property within the Redevelopment Area, and designated as property "to be considered for acquisition," if the property is abandoned. Before eminent domain may be utilized in any such case, RRHNs Board of Commissioners must pass a resolution (i) determining that the property is abandoned; (ii) identifying the source of the funds to be used for acquisition of the property; and (Ui) authorizing the use of eminent domain. b. Subject to the availability of funds, RRHA may utilize eminent domain to acquire property within the Redevelopment Area, and designated as property "to be considered for acquisition," if the acquisition is needed to clear title where one of the owners agrees to such acquisition. Before eminent domain may be utilized in any such case, RRHA's Board of Commissioners must pass a resolution (i) identifying the source of the funds to be used for acquisition of the property; and (ii) authorizing the use of eminent domain. c. Subject to the availability of funds, RRHA may utilize eminent domain to acquire property within the Redevelopment Area, and designated as property "to be considered for acquisition," if the acquisition is by agreement of all the owners. Before eminent domain may be utilized in any such case, RRHA's Board of Commissioners must pass a resolution (i) identifying the source of the funds to be used for acquisition of the property; and (ii) authorizing the use of eminent domain. d. Subject to the availability of funds, RRHA may utilize eminent domain to acquire property within the Redevelopment Area, and designated as property "to be considered for acquisition," if the property is itself a blighted property. Any such acquisition shall be conducted under, and in accordance with. the applicable provisions of Virginia Code ~ 36-49.1:1 andlor other applicable laws. 2. Voluntary Acquisition of Real Pronertv. With the exception of the properties it is in the process of acquiring through the condemnation process, RRHA currently does not intend to acquire additional properties in the Redevelopment Area, but if approached by the owner or owners of properties in the Redevelopment Area RRHA will consider purchases of property within the Redevelopment Area, and designated as property "to be considered for acquisition," through a voluntary transaction with the owner(s) and subject to the availability of funds as appropriated by the City of Roanoke. RRHA reserves the right to initiate a request for such voluntary acquisition if RRHA' s Board of Commissioners approves and authorizes such a request. 11 242 3. Adaptive ReuselRehabilitation. I RRHA will seek to provide assistance in the adaptive reuse and renovation and/or rehabilitation of buildings (abandoned commerciaYresidential structures) to expand housing opportunities andlor provide for commercial reuse. Adaptive reuse and rehabilitation will only be accomplished in partnership with private investors, and if the property can be brought up to building codes and local minimum rehabilitation standards. 4. Public Facilities and Imnrovements. New street and drainage improvements will be constructed in accordance with specific improvements identified in the City of Roanoke's Capital Improvement Program. These improvements involve the reconstruction of deteriorating sidewalks, streets, curbs and gutters, water and sewer improvements, new street construction, flood reduction measures, provision of landscaped open space and general aesthetic improvements in the area. Where there are street deficiencies, they will be resurfaced and/or widened. Curb and gutter and sidewalks and storm drainage ditches and piping win be provided to improve circulation and correct drainage problems and erosion. Utilities will be improved as needed throughout the Redevelopment Area. 5. Private Redevelonment of Parcels. RRHA will seek to encourage owner redevelopment of remaining properties within the Redevelopment Area that have not yet been redeveloped. RRHA will consider a plan of development by an existing property owner for the owners' properties if the proposed development plan complies with the provisions and intent of the Amended South Jefferson Redevelopment Area Plan. RRHA may choose to proceed in a contractual relationship with the owner to ensure a sound and wholesome development in accordance with the Redevelopment Plan. Subject to the availability of funds as appropriated by the City of Roanoke, RRHA will consider providing assistance to owners, in the form of loans or grants of funds, to facilitate the construction, reconstruction or rehabilitation of properties. I 6. Makin~ Land Acquired Available for Redevelopment. If RRHA acquires additional property in the Redevelopment Area utilizing any of the techniques set forth in this Amended Redevelopment Plan, RRHA will make that property available to private enterprise/non- government persons or entities or to public-private partnerships/joint ventures for the purposes of redevelopment. 7. Redeveloper's Oblie:ations. The redeveloper will be subject to the following conditions which shall be implemented by appropriate covenants running with the land or other provisions in disposition instruments or loan documents. a. The redeveloper shall begin and complete the development or rehabilitation of Redevelopment Area property within the time specified in the disposition instruments or rehabilitation loan documents. b. The redeveloper shall retain all interest acquired in the property until the completion of improvements, construction and development of the property so acquired or property to be rehabilitated, pursuant to the Redevelopment Plan and shall not sell, lease or transfer the 12 I I I I 243 interest acquired or any part thereof prior to such completion of improvements, construction and development without the consent of RRHA. c. Should the redeveloper sell or transfer the property after completion of the improvements, construction and development of the property so acquired, the redeveloper shall. prior to the closing of such transaction, provide RRHA with a written commitment from the purchaser or transferee, in a form acceptable to RRHA, confirming that the purchaser/transferee is aware ofthe covenants running with the land and/or other conditions set forth in the disposition insttuments or loan documents referenced in subsection a, and agreeing to comply with those provisions and with ail other applicable provisions of the Redevelopment Plan. 8. Gnioing: Redevelopment. Purchasers who acquired property in the Redevelopment Area prior to the date of approval of this Amended Redevelopment Plan shall remain subject to all of the provisions of the original South Jefferson Redevelopment Plan and this Amended Redevelopment Plan. 9. Acquisition of EasementslRil!ht-of-Way in the Redevelooment Area. Nothing in this Amended Redevelopment Plan shall be construed to affect any rights the City of Roanoke may have to acquire easements andlor public right-of-way in the Redevelopment Area, nor shall it be constrUed to affect the rights of the City of Roanoke or any public service or utility company to acquire such easements or right-of-way as may be needed in order to provide necessary utility services. L. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL LAW 1. Portions of the South Jefferson Redevelopment Area, particularly the area located between Williamson Road and the Roanoke River in the northeast portion of th~ Redevelopment Area, remain substandard by reason of commercial or industnal structures and improvements that are dilapidated or deteriorated. and due to obsolescence, deterioration of structures, flood hazards and other conditions detrimental to public health, safety or welfare of the citizens of Roanoke. This portion of the Redevelopment Area continues to contain "blighted property" (as that term is defined in Virginia Code ~ 36-3) and continues to be a "blighted area" (as that temi is defined in Virginia Code ~ 36-3). 2. The South Jefferson Redevelopment Area is appropriate for clearance, redevelopment and rehabilitation treatment by the necessity to remove, prevent and reduce the remaining blight, blighting influences and other causes of blight. 3. Proposed land uses within the Redevelopment Area have a defInite relationship with local Objectives as to the appropriate land uses and transportation, public utilities, recreation, and community facilities and other improvements. 4. The Amended Redevelopment Plan indicates the remaining properties that RRHA will consider acquiring within the Redevelopment Area. However, RRHA does not intend to acquire any of these properties at this time, but instead will focus on redevelopment through private transactions with owners of properties in the Redevelopment Area (either through voluntary acquisition of properties if requested by the owner(s), or through partnerships to support owner redevelopment of the properties). Because RRHA does not intend to take active steps to acquire additional properties at this time, funding sources are not being identifIed at this time. 13 \ 244 5. Funding for the acquisitions of those properties which RRHA is currently in the process of acquiring through tbe condemnation process has already been allocated by the City of Roanoke as a part of the budget for the South Jefferson Redevelopment Plan, or is to be allocated from funds appropriated by the City of Roanoke for development purposes, which amounts are sufficient to cover aU anticipated costs ofthese acquisitions. The City of Roanoke and RRHA are parties to an "Amended and Supplemented South Jefferson Cooperation Agreement 2" which, among other things, obligates the City of Roanoke to provide "all necessary and appropriate funding to enable RRHA to fulfill its obligations hereunder and to accomplish the goals and objectives set forth in the [South Jefferson Redevelopment] Plan." In March 2009, that "Amended and Supplemented South Jefferson Cooperation Agreement 2" was extended for a period of five (5) years, to and including March 18, 2014. I 6. The use of eminent domain for acquisition of additional property in'the Redevelopment Area will be considered only in very narrow circumstances as permitted under Virginia Code ~ 1-219.1, or other applicable laws, and only after funding sources for the acquisition have been identified and only after further action by RRHA's Board of Commissioners. 7. From and after the date of approval of this Amended Redevelopment Plan, if RRHA acquires any additional property/properties within the Redevelopment Area, and designated as property "to be considered for acquisition," such property shall be made available to private enterprise/non- government persons or entities or to public-private partnerships/joint ventures for the purposes of redevelopment in accordance with the tenns of this Amended Redevelopment Plan. This Amended Redevelopment Plan indicates to the maximum extent possible the real property to be made available to private enterprise/non-government persons or entities, or to public-private partnerships/joint ventures, for the purposes of redevelopment, if acquired by RRHA. 8. The Amended Redevelopment Plan clearly indicates the proposed land uses, building and rehabilitation requirements in the Redevelopment Area. I 9. The Redevelopment Area was determined to be eligible for clearance and redevelopment under Virginia Code U 36-48 & 36-49, as in effect in March 2001, because the area as a whole (interpreted to mean at least 51 percent of the total area) was "blighted or deteriorated" and the remaining property either suffered from factors causing blight or from conditions which prevented property development to implement the South Jefferson Redevelopment Plan. Virginia Code ~ 36-3, as currently in effect, specifically provides that the term "blighted area" includes "areas previously designated as blighted areas pursuant to the provisions of Chapter 1 (~ 36-1 et seq.) of this title." The South Jefferson Redevelopment Plan provided for the realization of local objectives with respect to the health, safety and welfare of the City ,of Roanoke as specifically set fOIth in the original South Jefferson Redevelopment Plan. This Amended Redevelopment Plan provides for the realization of local objectives with respect to health, safety and welfare of the City of Roanoke, including: a. To remove, reduce or prevent remaining blight or blighting factors. The Redevelopment area was determined to meet the Virginia eligibility requirements (as in effect in March 2001) because 74.4 percent of the land found in the Redevelopment Area was blighted or deteriorated by reason of dilapidation and significant environmental deficiencies (lack of ventilation, light, sanitary facilities, overcrowding, flooding, deleterious land use and faulty arrangement or design) and was detrimental to public health. safety or welfare. Studies showed that at the time the original South Jefferson Redevelopment Plan was approved, 77.8% percent of the parcels in the redevelopment area were blighted by virtue of dilapidation or environmental deficiencies, and that the remaining areas were adversely affected by 14 I '\ I I I 245 factors causing blight and prevented the proper development of property. Properties in the Redevelopment Area which have been acquired by RRHA, but which have not yet been fully redeveloped, include parcels deemed to be blighted or deteriorated at the time the original South Jefferson Redevelopment Plan was approved. Additionally, the remaining parcels in Phase 4 of the Redevelopment Area which have not yet been redeveloped include parcels that were deemed to be ''blighted or deteriorated" at the time the original South Jefferson Redevelopment Plan was approved. Observations and inspections by RRHA's staff indicate that virtually all of these properties remain "blighted or deteriorated," with many having deteriorated further smce March 2001. b. To protect economic values and tax revenue by the upgrading of a blighted and economically depressed area of the City of Roanoke, Virginia. The Redevelopment Area was considered depressed because of declining employment and depressed wages in comparison to City business overall. The area also suffered from an inability to generate economic growth and value output demonstrated with declining revenues and declining labor income and employment over the previous years. The effects contributed to business closings, relocations from the area andlor lower gross revenues over an extended period. The elimination of blighted properties and provision of both direct and indirect public incentives for private reinvestnlent in the Redevelopment Area has promoted economic and employment growth and enhanced tax revenues for the City of Roanoke for the overall benefit ,of the community. However, further benefits could be realized through the completion of redevelopment activities currently underway in the Redevelopment Area (including the redevelopment of property acquired by RRHA, but not yet-redeveloped, and the redevelopment of property which RRHA is in the process of acquiring), and there is potential for additional benefits from appropriate, directed redevelopment of undeveloped properties in Phase 4 of the Redevelopment Area in accordance with the terms of this Amended Redevelopment Plan. c. To facilitate the development of land inhibited by diverse ownership. Small individual property ownership and railroad property that transverses the area made it difficult for private enteIprise to assemble sufficient parcels for redevelopment and to overcome basic problems of blight and deterioration in the area Although substantial progress has been made in eliminating these conditions, the effects of diverse ownership of small parcels can still be seen, particularly in Phase 4 of the Redevelopment Area. d. To make land available for sound wholesome development by private enterprise, or by public/private partnerships or joint ventures, in accordance with the Amended Redevelopment Plan and consistent with: 1) Definite Local Objectives A1; To: a) Appropriate Land Uses The Amended Redevelopment Plan has a definite relationship with local objectives as to appropriate land uses and transportation, public utilities, recreation, and community facilities and other improvements. 15 -, ''-" 246 Improved bridges, road alignments, property access, widths and roadway surfaces throughout the area will eliminate street deficiencies still existing in parts of the Redevelopment Area and improve circulation, ingress and egress fOr the area and, connectivity with adjoining neighborhoods such as Old Southwest, Downtown Roanoke and Belmont. I b) lmproved Streets and Internal Circulation c) Public Utilities Improved utilities wiH assure that the area will be provided with adequate sewers and water service, storm drainage, power and 'advanced technology-telecommunication systems. d) Flood Impact Reduction Application of the City of Roanoke's floodplain regulations for new developments, adaptive reuses, and rehabilitation will reduce flood damage and mitigate flood problems within existing buildings on parcels that have not yet been redeveloped. e) CommunitY, Facilities and Other Public Improvements Aesthetic and functional improvements will include public open space and parks, improved sidewalks, bicycle and jogging paths and related enhancements such as street trees, lighting and landscaping. Landscaping and lighting requirements are also directly associated with private redevelopment efforts to improve the overall aesthetic nature and character of area properties. I 2) Conditions and Limitations on Property Acquisition Conditions and limitations on future acquisitions of property within the Redevelopment Area, if any, including limitations on the use of eminent domain, are set forth above in Section K of this Amended Redevelopment Plan (and are reiterated in Section L.6 of this Amended Redevelopment Plan). An agreement shall be executed between RRHA and the owner(s) of any property desiring assistance from. or participation by. RRHA in pursuing owner redevelopment to ensure compliance of development proposals with this Amended Redevelopment Plan. 3) Proposed Land Uses for Acquired Property: Land uses proposed for property to be acquired are set forth in Section B.2. Land Use Provisions and Building Requirements of the original South Jefferson Redevelopment Plan and shown on the Proposed Land Use Map, dated January 5,2001, included in the original South Jefferson Redevelopment Plan. 'all of which is incorporated by reference into this Amended Redevelopment Plan. 16 I I I I 247 4) Conditions and Limitation Including Time, Under Which Additional Property Acquired by RRHA, if Any, Shall be Made Available: At the time property is made available for rehabilitation or redevelopment by public or private enterprise andlor public/private partnerships or joint ventures, RRHA shall stipulate in disposition instruments that such rehabilitation or redevelopment treatment shall be completed within a reasonable time. (Reasonable time is under normal circumstances construed to mean not more than eighteen months from the date of conveyance of property, but RRHA reserves the right to utilize different or longer time . periods based on the characteristics of the property, the nature of the proposed redevelopment, and/or other relevant factors.) Other conditions and limitations are set forth in Section E.2 of tbe original South Jefferson Redevelopment Plan.. whicb is incorporated by reference into this Amended South Jefferson Redevelopment Plan. 5) Standards of Design, Construction, Maintenance, Use and Other Measures to Eliminate and Prevent Blight: Such standards are embodied in Section E and F of the of the original South Jefferson Redevelopment Plan and the Design Guidelines for the South Jefferson Redevelopment Area, all of which are incorporated by reference. Where adaptive reuse is not appropriate or feasible, clearance is proposed in order to assure removal of existing physical and environmental causes of blight and to provide for the public improvements required to serve the area and prevent the recurrence of blighting conditions resulting from adverse environmental factors. 6) Relocation Assistance Plan for Displaced Businesses and Non-Profit Organizations: RRHA will offer relocation assistance and services as required under Virginia's Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1972, as amended (hereafter referred to as "the Act"), and the related sections of the Virginia Administrative Code. (hereafter referred to as "the Code") to businesses and nonprofit organizations that are to be displaced as a result of approved redevelopment activities. The Act and the Code are the basis for this relocation plan and where this Amended Redevelopment Plan is in conflict with the Act or the Code, the Act or the Code shall govern. M. CONTINUING OBLIGATIONS OF PURCHASERS AS TO PROPERTY ACQUIRED PRIOR TO EFFECTIVE DATE OF THIS AMENDED REDEVELOPMENT PLAN Nothing in this Amended Redevelopment Plan shall be construed to alter, amend or modify in any way the obligations of purchasers of any property in the Redevelopment Area acquired from RRHA prior to the effective date of this Amended Redevelopment Plan. All such obligations, including all contractual obligations set forth in any agreement for purchase of the property and all obligations set forth in any deed or other disposition documents, shall remain in full force and effect. Additionally, nothing in this Amended Redevelopment Plan shall be construed to alter, amend, modify or impair any rights or remedies which RRHA has, whether contractual or otherwise, with regard to any 17 ",' 248 property in the Redevelopment Area acquired by RRHA and conveyed to a third party for use in accordance with the South Jefferson Redevelopment Plan. I In the event there is any conflict between the provisions of the original Redevelopment Plan for the South Jefferson Redevelopment Area and this Amended Redevelopment Plan, then they shall be construed insofar as possible to be consistent, but if this is not possible then the provisions of this Amended Redevelopment Plan shall govem. N. PROCEDURES FOR AMENDMENTS This Amended Redevelopment Plan may be amended from time to time upon compliance with the requirements of law and outstanding covenant rights, provided that prior to the passage of any resolution amending the Amended Redevelopment Plan the owner of any land in the Redevelopment Area previously disposed of by RRHA for use in accordance with the South Jefferson Redevelopment Plan andlor the Amended Redevelopment Plan shall be sent written notice stating when and where the Roanoke City Council will consider any resolution enacting such amendment(s), and shall further advise where a copy of the proposed amendment(s) and a precise description of the proposed change(s) may be inspected. Such written notice shall be mailed at least thirty (30) days prior to the consideration of any such resolution by the Roanoke City Council. [Remainder of this page intentionally left blank] I 18 I I I I 1_- MAPS 249 250 PROPERTY T SOUTH JEFFERSO~E~SACTIONS ' ROANOKE REDEVELOPMENT evaoPMENT AREA & HOUSING AUTHORITY i ! / ! _ j l_ !! j ir-::~! / __ ' '-J I . . /-__ j ~_i t -II --'li' I' ~~J1 If .! LJ !-~-- 'r-'i~-" ::J! - li "Ii ! U L_--":- I) r--:c:. / i j~~~.. . ll=f. H ! LEGEND --.... PROPOSED REnEVaOPLl ENf AReA BOUNDARY PROPERTY ACQUISmON . ' o ROAJIOXa RI:PEVeLCPM REDEVELOPMENT AREAS (SINCE ' . PIlOPeRTlESACQU ~HT&liOUS1"G^Ul1iO MARCH 2001) It PRDPERIlES IRED & SOLO fOR flE.Den:::: o NDRFOtJ( ACQUIRED BUT NDTYET NEHT SOurHeRN SOLD O . ROWACQUlSmON " PRIVATE 0\\?lER r--.. ACQUISITIONS ~ OEMOunONtC . REOEVEl.O~E-PRIV^TeOWNERS ~ MiNT ~ H1STOR'C PROPERlY O RENOVATION OEEDED TO CITY. FlOO o REDUCTION AREA , i i i .OJ ---; 1 / """'" @ u:aJ!:.t..:tll) I(~~~~ ~Yin~.t'.....;p,~~JI'.C ~Q.(,oo..r.:,t I I I I I I -c"> 251 'BOUNDARY & ACQUISITION SOUTH JEFFERSON REDEVELOPMENT AREA ROANOKE REDEVELOPMENT & HOUSING AUTHORITY LEGEND -- PROPOSetl REOEYaOPLlEItT AACA. BOU~OARY , , , . . I ilk ,I I ~I{~~ ~ :~oJL:")' _i "~- I~ ii I l..i li-~ -.JL .i-'/~~ l~l .;' iq! 'I...:; L-..--- ,r\ (--~ ,/ I rlct,'<=.~r~ I i '----..7' / i{-"-u. i if ~ i ! : 5 I i~-,.J~--.:i I, .. Jr--.~ 1:-.1. 'I i i > i ) --.._J - I ~/! , ~ ,< t-!-. '\, ,.-\ ~~ L>-- '",. -.:..---\" \' , \\ PROPStTY ACQUISmON -REDEVELOPMENT AREAS (SINCE MARCH :1.001) EJ ACQU1Ral BY RONlot<li ReDEVelOPMENT & HOIISlNGAllTHORIlY I!i!l TO BE.CONSlDEREDFORACQUJSITION ....H @ sc-a.~ 1"... 2Ilfl' c:cu.."LK1V~P~1NC. ---'1TA.lU:lMC."-..,1"" .>cl'lI1uL"'.~~1C1 ...._fUO\aItDl'f )R.YRRA~~'WmRC IIiC '''''a ...,.... 252 SAMPLE PHOTOGRAPHS SHOWlNG EFFECT OF REDEVELOPMENT IN THE SOUTH .JEFFERSON REDEVELOPMENT AREAll Virginia Tech.Carilion School of Medicine 1 Riverside Center Aerial view of Riverside Center complex. Structures on the former Roanoke City Mills property (foreground) have been demolished, and that property is to be redeveloped in conjunction with the adjacent former Virginia Scrap Iron & Metal Company property which is currently undergoing environmental remediation. .J 11 The photographs included in this Appendix are intended to be representative of what has occurred in the South Jefferson Redevelopment Area. They are not intended to document the entire project area or to show all of the impacts of redevelopment throughout the project area. I I I I I I "\ 1 Riverside Center (comer of "Jefferson Street & Reserve Avenue) Riverside Center Parking Facility 253 "':' 254 I , ~~~=::~~ ',' -~.~~,~~--.ii.==~:= Virginia Tech-Carillon School of Medicine (under construction) I View North np Jefferson Street fromjnst bey~md intersection with Reserve Avenue. Riverside Center complex buildings and Virginia Tech-Carilion School of Medicine shown on west side of Jefferson Street. The east side of Jefferson Street was formerly the site of Roanoke City Mills and Virginia Scrap Iron & Metal Company, both of which were acquired by RRHA and are in the process of redevelopment. Most structures on those properties bave been demolished, and environmental remediation is underway on the former Virginia Scrap Iron & Metal Company property. I \. I I I 255 Honeytree Learning Center with Carilion Hospital Parking Deck in background Ambulatory Surgery Center (private redevelopment). Cambria Suites Hotel (under construction; near corner of Reserve Avenue & Franklin Road) " '\ 256 SAMPLE PHOTOGRAPHS SHOWING SOUTH .JEFFERSON REDEVELOPMENT AREA BEFORE REDEVELOPMENT ACTIVITIES Former Pitzer Transfer & Storage facility - Reserve Avenue looking west toward Franklin Road. (Cambria Suites Hotel now located on this site.) .' " Former Pitzer Transfer & Storage facility - Rear of facility looking east .toward Jefferson Street. (Cambria Suites Hotel now located on this site.) I I I , '1\ 257 I Former Pitzer Transfer & Storage facility - Rear of facility looking west toward Franklin Road. (Cambria Suites Hotel now located on this site.) I Former Roanoke Concrete Supply facility. (Riverside Center parking facility now located on this site) I ",> 258 I Former Roanoke City Mills property (background). Stmctures have been demolished and property is to be redeveloped. I Entrance to former Virginia Scrap Iron & Metal Co. facility (east side of Jefferson Street). Property is currently undergoing environmental remediati(:Jn and is to be redeveloped. I '\ 259 I ':.-: . "'";'"i . I , 'r.- Former Carillon Health Systems property (Riverside Center complex buildings now located on site) I -" ;. I Jefferson Street looking north, photograph taken from former Roanoke City MilIs property. (Riverside Center complex buildings now on site.) I I '" .' 261 I . .l.~ .::: :..;;.. "'. I ~ Former Carillon Health Systems property (Riverside Center complex buildings now located on site) I """ " I Jefferson Street looking north, photograph taken from former Roanoke City Mills property. (Riverside Center complex buildings now on site.) I I 263 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38845-062110. A RESOLUTION accepting the Fiscal Year 2010-2011 funds for the Community Development Block Grant Program, HOME Investment Partnerships Program, and the Emergency Shelter Grant Program, and authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development (HUD). BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fiscal Year 2010-2011 funds for the Community Development Block Grant Program, HOME Investment Partnerships Program, and the Emergency Shelter Grant Program are hereby ACCEPTED, upon receipt of an approval letter from HUD. I 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements, Funding Approval, and any and all understandings, assurances and documents relating thereto required by HUD to accept such funds, all of such documents to be in such form as is approved by the City Attorney, as more particularly set out in the City Manager's report dated June 21, 2010, to this Council. APPROVED ATTEST: @~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38846-062110. 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 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 264 BE IT ORDAINED by the Council of the City of Roanoke that the following I sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Down Payment Assistance Program Unprogrammed Funds Down Payment Assistance Program Unprogrammed Funds Down Payment Assistance Program Down Payment Assistance Program HOME Program-Regular Employee Wages HOME Program-City Retirement HOME Program-FICA HOME Program-Medical Insurance HOME Program-Dental Insurance HOME Program-Life Insurance HOME Program-Disability Insurance Rehabilitation Reserve (Project Funds) Unprogrammed Funds Hurt Park TAP Homeownership (Project Funds) Hurt Park Habitat Homeownership (Project Funds) Hurt Park TAP Homeownership (CHDO Proj Funds) ESG- YWCA ESG- TRUST ESG- T AP Transitional Living Center ESG-Roanoke Valley Interfaith Hospitality Network Hotel Roanoke 1 08 Unprogrammed CDBG Carryover Hotel Roanoke 1 08 Unprogrammed CDBG Carryover Hotel Roanoke 108 Unprogrammed CDBG Carryover Hotel Roanoke 108 Unprogrammed CDBG Carryover Empowering Individuals with Disabilities Demolition Emergency Home Repair- TAP-Project 35-090-5312-5399 35-090-5312-5482 35-090-5364-5399 35-090-5364-5482 35-090-5368-5399 35-090-5370-5399 35-090-5375-1002 35-090-5375-1105 35-090-5375-1120 35-090-5375-1125 35-090-5375-1126 35-090-5375-1130 35-090-5375-1131 35-090-5375-5399 " 35-090-5375-5482 $ 2,900.00 (2,900.00) 50.00 (50.00) 476.00 29,933.00 38,176.00 6,024.00 2,920.00 4,104.00 257.00 313.00 .107.00 243,949.00 24,959.00 I 74,669.00.00 261,373.00 35-090-5375-5530 35-090-5375-5532 124,857.00 35-090-5375-5548 35-E 11-5281-5250 35-E 11-5281-5251 35-E 11-5281-5253 20,800.00 15,226.00 25,000.00 20,500.00 26,285.00 (26,285.00) 21,303.00 (21,303.00) 167,463.00 (166,822.00) 97,359.00 5,931.00 81,250.00 I 85,000.00 95,000.00 35-E 11-5281-5254 35-G07 -0730-5135 35-G07 -07 40-5184 35-G08-0830-5135 35-G08-0840-5184 35-G09-0930-5135 35-G09-0940-5184 ' 35-G 1 0-1 030-5135 35-G 1 0-1 040-51 84 35-G11-1119-5057 35-G 11-1119-51 08 35-G 11-1119-5470 265 I Emergency Home Repair- TAP-Delivery 35-G 11 -1119-5483 30;000.00 World Changers 201 O-Project 35-G 11-1119-5486 60,000.00 World Changers 201 O-Delivery 35-G 11-1119-5498 15,000.00 Hurt Park TAP Homeownership (Project) 35-G 11-1119-5530 25,000.00 Hurt Park Habitat Homeownership (Project) 35-G 11-1119-5532 25,000.00 Hurt Park TAP Rehab (Project) 35-G11-1119-5534 134,626.00 Hurt Park TAP Rehab (Delivery) 35-G 11-1119-5535 39,529.00 Hurt Park TAP Rebuilding Rehab (Project) 35-G 11 -1119-5538 59,000.00 Hurt Park TAP Rebuilding Rehab (Delivery) 35-G 11-1119-5539 16,000.00 Greening Liberty Pines 35-G 11-1119-5564 95,396.00 Fair Housing 35-G 11 -1121-5284 5,000.00 Historic Review Services 35-G 11-1121-5403 5,000.00 Environmental Review Services 35-G11-1121-5565 25,000.00 Fair Housing Analysis of Impediments 35-G 11 -1121 ~5566 50,000.00 HUD Admin-Regular Employee Wages 35-G11-1122-1002 100,253.00 HUD Admin-City Retirement 35-G11-1122-1105 15,819.00 HUD Admin-FICA 35-G11-1122-1120 7,669.00 HUD Admin-Medical Insurance 35-G11-1122-1125 9,576.00 HUD Admin-Dental Insurance 35-G11-1122-1126 601 .00 HUD Admin-Life Insurance 35-G11-1122-1130 822.00 I HUD Admin-Disability Insurance 35-G11-1122-1131 280.00 HUD Admin-Professional Services 35-G11-1122-2010 5,000.00 HUD Admin-Advertising 35-G11-1122-2015 3,500.00 HUD Admin-Telephone 35-G 11-1122-2020 1,415.00 HUD Admin-Administrative Supplies 35-G 11-1122-2030 2,432.00 HUD Admin-Expendable Equipment 35-G11-1122-2035 1 ,000.00 HUD Admin-Training & Development 35-G11-1122-2044 2,500.00 HUD Admin-Printing 35-G 11-1122-2075 1,200.00 HUD Admin-Records Management 35-G 11-1122-2082 240.00 HUD Admin-Postage 35-G11-1122-2160 1,500.00 HUD Admin-Internal Printing 35-G 11-1122-2375 200.00 HUD Admin-Xerox Lease 35-G 11-1122-3045 1,013.00 Code Enforcement-Regular Employee 70,376.00 Wages 35-G 11-1123-1 002 Code Enforcement-City Retirement 35-G 11-1123-11 05 11,105.00 Code Enforcement-FICA 35-G 11-1123-1120 5,383.00 Code Enforcement-Medical Insurance 35-G 11-1123-1125 9,092.00 Code Enforcement-Dental Insurance 35-G 11-1123-1126 570.00 Code Enforcement-Life Insurance 35-G 11-1123-1130 578.00 C0ge Enforcement-Disability Insurance 35-G11-1123-1131 197.00 I Code ,Enforcement-Administrative Supplies 35-G 11-1123-2030 864.00 EEA Home Rehab-Regular Employee 23,409.00 Wages 35-G 11-1124-1 002 266 EEA Home Rehab-City Retirement 35-G 11-1124-1105 3,694.00 I EEA Home Rehab-FICA 35-G11-1124-1120 1,791.00 EEA Home Rehab-Medical Insurance 35-G 11-1124-1125 2,565.00 EEA Home Rehab-Dental Insurance 35-G11-1124-1126 1 61 .00 EEA Home Rehab-Life Insurance 35-G 11-1124-1130 192.00 Down Pymt Assist Prog-Regular Employee 7,587.00 Wages 35-G 11-1125-1 002 Down Pymt Assist Prog-City Retirement 35-G 11-1125-11 05 1,197.00 Down Pymt Assist Prog-FICA 35-G 11-1125-1120 580.00 Down Pymt Assist Prog-Medicallnsurance 35-G 11 -1125-1125 1,140.00 Down Pymt Assist Prog-Dentallnsurance 35-G 11 -1125-1126 72.00 Down Pymt Assist Prog-Life Insurance 35-G 11-1125-1130 62.00 Down Pymt Assist Prog-Disability Insurance 35-G 11-1125-1131 21.00 Down pymt Assist Prog-Costs 35-G 11-11 25-5399 65,000.00 Hotel Roanoke 1 08 35-G 11-1130-5135 179,217:00 Hurt Park Bike Patrol-Overtime 35-G 11-1135-1 003 39,046.00 Hurt Park Bike Patrol-FICA 35-G11-1135-1120 2,987.00 Community Based Prevention Svcs-Reg 64,628.00 Salaries 35-G 11 -1136-1 002 Community Based Prevention Svcs- 7,475.00 Retirement 35-G 11 -1136-11 05 Community Based Prevention Svcs-FICA 35-G 11 -1136~ 1120 3,708.00 I Community Based Prevention Svcs-Medical 9,600.00 Ins 35-G 11-11 36-1125 Community Based Prevention Svcs-Dental 548.00 Ins 35-G 11-1136-1126- Community Based Prevention Svcs-Life Ins 35-G 11-1136-1130 531 .00 Community Based Prevention Svcs- 180.00 Disability Ins 35-G 11 -1136-1131 Community Based Prevention Svcs-Local 1,330.00 Mileage 35-G 11-1136-2046 Community Based Prevention Svcs-Rent 35-G 11-1136-3075 6,000.00 OSW-NDG 35-G11-1137-5028 24,500.00 Melrose/Rugby Neighborhood Forum-NDG 35-G11-1137-5410 4,868.00 Infrastructure Improvements 35-G11-1137-5442 650,277.00 Wasena Neighborhood Forum-NDG 35-G11-1137-5476 3,000.00 Southeast Action Forum-NDG 35-G11-1137-5515 4,282.00 Wildwood Civic League N DG 35-G 11-1137 -5516 260.00 Mt View Neighborhood Association-NDG 35-G 11 -1137-5567 7,250.00 SWM-Solar Compactors 35-G11-1137-5568 25,308.00 Apple Ridge Farms 35-G 11 -1138-5084 37,498.00 BISSWV A Case Management 35-G 11-1138-5508 10,000.00 I TAP Project Discovery at WFHS 35-G11-1138-5547 24,120.00 Children's Trust 35-G 11-1138-5569 26,614.00 267 I CSA Program Services-Reg Employee 65,173.00 Salaries 35-G 11-1139-1 002 CSA Program Services-City Retirement 35-G 11-11 39-11 05 9,295.00 CSA Program Services-FICA 35-G 11-1139-1120 4,611.00 CSA Program Services-Medical Insurance 35-G 11-1139-1125 7,420.00 CSA Program Services-Dental Insurance 35-G11-1139-1126 440.00 CSA Program Services-Life Insurance 35-G 11-1139-1130 456.00 CSA Program Services-Disability Insurance 35-G 11-1139-1131 111 .00 CSA Program Services-Fees for 2,000.00 Professional Svcs 35-G11-1139-2010 CSA Program Services-Cellular Telephone 35-G 11-1139-2021 744.00 CSA Program Services-Administrative 200.00 Supplies 35-G 11-1139-2030 CSA Program Services-Expendable 1 ,350.00 Equipment 35-G 11-1139-2035 CSA Program Services-Training & 6,500.00 Development 35-G 11-1139-2044 ' CSA Program Services - Local Mileage 35-G 11-1139-2046 1 ,000.00 CSA Program Services - Program Activities 35-G 11-1139-2066 300.00 CSA Program Services-Business Meals & 400.00 Travel 35-G11-1139-2144 I Revenues HOME Program Income 08-09 35-090-5368-5369 476.00 HOME Program Income 09-10-SEBD 35-090-5370-5372 7,168.00 HOME Program Income 09-10-TAP 35-090-5370-5373 22,765.00 HOME Entitlement 10-11 35-090-5375-5375 756,708.00 HOME Program Income 10 -11 35-090-5375-5376 25,000.00 ESG Entitlement 10 -11 35-E 11-5281-5281 81,526.00 Rental Rehab 35-G09-0900-2940 641 .00 Hotel Roanoke Section 108 Repayment 35-G 1 0-1 000-3034 96,756.00 Other Program Income-RRHA 35-G 1 0-1 000-3003 6,534.00 CDBG Entitlement 35-G11-1100-3101 2,015,851 .00 Other Program Income-RRHA 35-G 11-11 00-31 03 5,000.00 Lease Payment-Cooper Industries 35-G 11-11 00-31 06 13,333.00 Home Ownership Assistance 35-G 11-11 00-31 22 5,000.00 Hotel Roanoke Section 108 Repayment 35-G 11-11 00-3134 400,000.00 Rental Rehab Repayment 35-G 11-11 00-3140 500.00" I 268 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: g-Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY QF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38847-062110. A RESOLUTION authorizing acceptance of Phase II of the Bill & Melinda Gates Foundation Opportunity Hardware Grant to the City of Roanoke Library System by the I Bill & Melinda Gates Foundation, and authorizing execution by the City Manager of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1 . Phase II of the Bill & Melinda Gates Foundation Opportunity Hardware Grant to the City of Roanoke Library System in the amount of $16,900.00, with a cash match of $16,900.00 from the City, for the purpose of providing for the addition of laptop training labs to increase computer training for the community and additional new computers at four of the City of Roanoke's public library branches, Gainsboro, Jackson Park, Roanoke Law Library, and Melrose, as more particularly set forth in the letter of the City Manager to Council dated June 21, 2010, is hereby ACCEPTED. I 269 I 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: &:>Q<3l-.~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38848-062110. I 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 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 Other Equipment Revenues Gates Foundation FY09 Additional Gates Foundation FY09 Additional-Local 35-650-8301-9015 $ 33,800.00 35-650-8301-8301 35-650-8301-8302 16,900.00 16,900.00 I 270 APPROVED 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: @Q~....- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38849-062110. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount' of $39,809.00, 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: I 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $39,809.00 with no local match, for certain WIA client populations, for Youth Program Summer Employment for PY2009, as more particularly set out in the City Manager's letter dated June 21, 2010, 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: /q- Jonathan E. Craft Deputy City Clerk :i)Q~ David A. Bowers Mayor I I I I <:;~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38850-062110. 271 AN ORDINANCE to appropriate additional 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 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 Youth In School-Contract Svcs 35-R09-0946-8057 $27,866.00 ARRA WIA FY09 Youth Out of School-Contr 35-R09-0947-8057 Svcs 11,943.00 Revenues ARRA WIA Grant FY0935-R09-0943-2914 39,809.00 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: Jonathan E~~ Deputy City Clerk ~m~ Dav A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38851-062110. 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 2009-2010 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. 272 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of I the 2009-2010 Department of Technology Fund Appropriations be, and the same are hereby, amended and reor9ained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Fund Balance Retained Earnings-Available 13-430-9804-9003 13-430-9842-9003 $ 30,000.00 30,000.00 13-3348 (60,000.00) 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: onathan E. c~ Deputy City Clerk QQQ(~ David A. Bowers Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38852-062110. AN ORDINANCE authorizing the continuance of an existing encroachment caused by the property located at 1127-9th Street, S. E., extending into a portion of the City's right-of-way of Buena Vista Blvd., S. E., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to Cadova, Inc., to permit the continuance of the existing encroachment from the property located at 1127-~th Street, S. E., designated as Roanoke Tax Map No. 4140250, caused by the front stoop of the property that extends into a portion of the City's right-of-way of Buena Vista Blvd., S. E., The front of the encroachment extends 4'8" into the City's right-of-way, the rear extends 4'0" into the City's right-of-way, and the length of the encroachment is 15'5", as more I particularly set forth in the City Manager's letter to this Council dated June 21,2010. ~;, I I I 273 2. It shall be agreed by the undersigned property owner that, in maintaining such encroachment, the property owner and its grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment. 3. The property owner, its grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the bffice of the City Clerk 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 owner of the property, Cadova, Inc., c/o Gary R. Fitzsimmons, 1214 Eagleview Road, Goodview, Virginia 24095. 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 be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with APPROVED ATTEST: ~~9- sr<;l~ -- David A. Bowers Mayor Deputy City Clerk 274 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38853-062110. A RESOLUTION approving and establishing a revised daily one way fare of $0.75 for Roanoke City Public School students, grades 6 through 12, with a valid Valley Metro issued Student ID, which will replace the current free daily one way student fare, for the Greater Roanoke Transit Company, dba Valley Metro (GRTC); establishing an effective date; and authorizing the City Manager to take any necessary action to accomplish the implementation; administration, and enforcement of such fare increase. WHEREAS, the GRTC Board of Directors has approved and adopted a revised daily one way fare of $0.75 for Roanoke City Public School students, grades 6 through 12, with a valid Valley Metro issued Student ID, which will replace the current free daily one way student fare, for GRTC, all as set forth in the City Manager's letter dated June 21,2010, to this Council; and WHEREAS, GRTC has requested that City Council approve and establish such fare increase 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 a revised daily one way fare of $0.75 for Roanoke City Public School students, grades 6 through 12, with a valid Valley Metro issued Student ID, which will replace the current free daily one way student fare. Such revised student fare was approved and adopted by the GRTC Board of Directors, all as set forth in the above City Manager's letter dated June 21, 2010. Such revised student fare is to be effective July 1, 2010. 2. The City Manager is hereby authorized to take any necessary action to accomplish the implementation, administration, and enforcement of such fare increase as set forth above. I I I 275 I 3. The City Clerk is directed to certify a copy of this Resolution to the General Manager of GRTC. APPROVED ATTEST: .. Jonathan E. ~ Deputy City Clerk ~~.....-.~ David A Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2010. No. 38854-062110. I A RESOLUTION authorizing the City Manager to execute a Second Modification Agreement dated June 22, 2010, and to secure associated Second Amended Notes with a Second Purchase Money Deed of Trust and Second Corrected Purchase Money Deeds of Trust 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, 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: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a Second Modification Agreement dated June 22, 2010, between Total Action Against Poverty in Roanoke Valley, Roanoke At Home Limited Partnership, and the City of Roanoke. I 276 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to secure associated Second Amended Notes from Total Action Against Poverty in Roanoke Valley and Roanoke At Home Limited Partnership with a Second Purchase Money Deed of Trust and Second Corrected Purchase Money Deeds of Trust for the rescheduling of debt remaining on a 1991 loan of CDBG funds, such Second Modification Agreement, Second Amended Notes, Second Purchase Money Deed of Trust and Second Corrected Purchase Money Deeds of Trust to be approved as to form by the City Attorney, as is more particularly set forth in the City Manager's report dated June 21, 2010, to City Council. APPROVED ATTEST: Jonathan E. ~ Deputy City Clerk Q~~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38855-062110. AN ORDINANCE approving certain changes and modifications to the purchase and sales contract dated March 4, 2010, by and between the City of Roanoke, Virginia, and 220 Church, LLC, to extend the closing date for the purchase of City-owned property located at 220 Church Avenue, by 220 Church, LLC, an additional sixty (60) days; authorizing the City Manager to execute Amendment No. 1 to such contract to provide for such changes and modifications; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and 220 Church, LLC, entered into a purchase and sales contract dated March 4, 201 0, for the sale of City-owned property located at 220 Church Avenue, S.W., Roanoke, Virginia, commonly known as the Commonwealth Building, as authorized by Ordinance No. 38737-030110, which contract provided that closing of the property would occur no later than one hundred twenty (120) days after the date of the contract; WHEREAS, 220 Church , LLC, has requested that the purchase and sales contract be amended to provide that closing of the property occur no later than one hundred eighty days (180) after the date of the contract; and I I I I I I 277 WHEREAS, City staff recommends that City Council authorize such Amendment No.1. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . City Council hereby approves the changes and modifications to the purchase and sales contract between the City of Roanoke and 220 Church, LLC, dated March 4, 2010, to extend the closing date on purchase of the property located at 220 Church Avenue, by 220 Church, LLC, for an additional sixty days; such that 220 Church, LLC, will have one hundred eighty days from the date of the purchase and sales contract to close on the property, and upon such other terms as more fully described in the above mentioned City Manager's letter dated June 21, 2010, to this Council, and proposed Amendment No.1, which is an attachment to such letter. 2. The City Manager is hereby authorized to execute Amendment NO.1 and to take such additional actions as may be necessary to provide for the implementation, administration, and enforcement of Amendment No.1. All documents shall be upon form approved by the City Attorney. 3 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: S)Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2010. No. 38856-062110. AN ORDINANCE authorizing the City Manager to enter into an Agreement, and to execute any other documents necessary to implement the terms of the Agreement, between the City of Roanoke and eventzone.org (EventZone), pertaining to the conducting of special events and festivals by EventZone in the City of Roanoke, and dispensing with the second reading of this ordinance by title. 278 BE IT ORDAINED by the Council of the City of Roanoke that: I 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an Agreement with EventZone, and to execute any other documents necessary to implement the terms of the Agreement, for EventZone to conduct special events and festivals in the City of Roanoke, such Agreement to be upon such terms and conditions as are more particularly described in the City Manager's letter dated June 21, 2010, and similar in form to the Agreement attached to the City Manager's letter dated June 21, 2010, 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: David A. Bowers I Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38857-062110. AN ORDINANCE to transfer funds from the Police Asset Forfeiture Grant to the Police Academy Building project, amending and reordaining certain sections of the 2009-2010 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 2009-2010 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I I I I Capital Proiects Fund Appropriations Appropriated from Federal Grant Funds Revenues Transfer from Grant Fund Grant Fund Appropriations ^ Other Equipment Transfer to Capital Projects Fund 279 08-530-9823-9002 $ 129,625.00 08-110-1234-1362 129,625.00 ~ 35-640-3304-9015 (129,625.00)' 35-640-3304-9508 129,625.00 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: Jonathan E. Cr It Deputy City Clerk S)'9-~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38858-062110. AN ORDINANCE to transfer funds from E911 Wireless to the E911 , Upgrades project account, amending and reordaining certain sections of the 2009-2010 General Fund 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 2009-2010 General Fund and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: - 280 General Fund Appropriations Telephone Expendable Equipment Training and Development Transfer to Department of Technology Department of Technoloav Fund Appropriations Appropriation from General Revenue Revenues Transfer from General Fund 01-430-4131-2020 01-430-4131-2035 01-430-4131-2044 01-250-9310-9513 13-430-9870-9003 13-11 0-1234-0951 $ (15,000.00) (66,614.00) (68,486.00) 150,100.00 150,100.00 150,100.00 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: S)~~_..- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38859-062110. AN ORDINANCE to appropriate fund balance and transfer from School General Fund to the School Athletics Fund, amending and reordaining certain sections of the 2009-2010 School General and Athletics 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 School General and School Athletics Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contra Revenue -Transfer to Athletics Fund Undesignated Fund Balance $100,000.00 (1,000,000.00) (1,100,000.00) I I I I I I 281 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 ~ .L1 ~, ~....., .... ~ .:::.L. -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38860-062110. 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 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 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Technology Retiree Health Credit Virginia Retirement System Health/Dental Insurance Group Life Insurance Payment of Joint Operation-Salem City Payment of Joint Operation-Roanoke County Noel C. Taylor Instructional T echnology- Series VI Noel C. Taylor Instructional Technology- Series VII 302-110-0000-1 070-167D-611 00-46650-3-09 $ 25,000.00 302-191-0000-0553-325D-61100-42200-2-01 (327.00) 302-191-0000-0553-325D-61100-42202-2-01 (3,539.00) 302-191-0000-0553-325D-61100-42204-2-01 302-191-0000-0553-325D-61100-42205-9-01 302-191-0000-0553-325D-61100-47701-9-01 (1,335.00) (248.00) (700.00) 302-191-0000-0553-325D-61100-47701-9-01 39,820.00 302-280-0000-0553-329A-68400-46650-9-00 26,000.00 302-280-0000-0553-329B-68400-46650-9-00 26,000.00 282 Noel C. Taylor Instructional T echnology- Series IX Revenues Federal Grant Receipts State Grant Receipts State Grant Funds State Grant Funds State Grant Funds 302-280-0000-0553-329 D-68400-46650-9-00 c 26,000.00 302-000-0000-0000-167D-00000-38027 -0-00 302-000-0000-0000-325D-00000-32272-0-00 302-000-0000-0000-329A-00000-321 04-0-00 302-000-0000-0000-329B-00000-321 04-0-00 302-000-0000-0000-329D-00000-321 04-0-00 25,000.00 33,671.00 26,000.00 26,000.00 , 26,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Jonathan E. Cr Deputy City Clerk APPROVED &rQ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38861-062110. A RESOLUTION naming the City owned Norfolk and Western Class J 611 locomotive the "Spirit of Roanoke." WHEREAS, in the 1940's and 50's the motive power section of the Norfolk and Western Railway Company designed special locomotives of the J Class to power the railroad's passenger trains, with names like the Cavalier, Pocahontas, Birmingham Special, Tennessean, and the most famous, the Powhatan Arrow; WHEREAS, employees in the Roanoke shop's foundry, machine and erecting shops constructed, assembled, and maintained all fourteen of these locomotives in Roanoke; WHEREAS, after WWII these locomotives were shrouded with a streamlined design that distinguished them from all other locomotives around the world, and carried hundreds of thousands of travelers across the state of Virginia and beyond; I I I 283 I WHEREAS, these locomotives over time, with improvements made by the local Norfolk and Western Railway Company employees, became the most powerful in the world of their class and are still noted as the most modern steam locomotives ever constructed; WHEREAS, the most famous and last remaining example of these locomotives, Class J 611, is owned by the City of Roanoke and resides at the Virginia Museum of Transportation, the Commonwealth's official transportation museum; WHEREAS, the Class J 611, the "Mona Lisa" of American steam locomotives, was completed on May 29, 1950, making this the 60th anniversary of the birth of this legend of steam; WHEREAS, this locomotive is the finest example of the talents and accomplishments of thousands of Norfolk and Western employees, whose many years of dedicated work enabled this icon of Roanoke to run and be restored as an example of our rich railroad heritage in Virginia's rail heritage region; and I WHEREAS, this locomotive in its travels and while on display in the Virginia Museum of Transportation is the finest representative of what Roanoke has contributed to American transportation as a significant center of rail transportation in the United States. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City owned Norfolk and Western Class J 611 locomotive is hereby named the "Spirit of Roanoke," in grateful recognition of its significance to this City, this valley and all of the Commonwealth of Virginia. APPROVED ATTEST: 9Q~~~~ David A. Bowers Mayor I 284 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 21 st day of June, 2010. No. 38862-062110. 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 537.2798 acres on Mill Mountain: and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held June 21, 2010, pursuant to 915.2-1800(B) and 915.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the above referenced matter. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 . The City Manager and City Clerk are hereby authorized to execute and attest, respectively, in form approved by the City Attorney, a Deed of Gift of Easement from the City of Roanoke to the Virginia Outdoors Foundation and the Western Virginia I Land Trust conveying approximately 537.2798 acres on Mill Mountain, upon certain terms and conditions, as more particularly set forth in the June 21, 2010, 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: Si>Q~ David A. Bowers Mayor I I I I 285 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38863-062110. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a 3.0 acre portion of City-owned property, otherwise know as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on June 21, 20-10, 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 3.0 acre portion of City-owned property, otherwise know as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, for the purchase price of $75,000.00, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated June 21, 2010. 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: # Jonathan E. Craft Deputy City Clerk g)Q~~ David A. Bowers Mayor 286 IN THE COUNCIL OF THE CITY OF ROANOKE, YIRGINIA, I The 21 st day of June, 2010. No. 38864-062110. AN ORDINANCE authorizing the City Manager to execute an amendment extending the lease agreement between the City and The Hertz Corporation for use of an 87,120 square foot parcel of City-owned land at 1302 Municipal Road, N. W., for the operation of an automobile rental establishment, for an additional twelve (12) months, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on June 21,2010, 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 extension. THEREFORE, 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 I amendment extending the lease agreement with The Hertz Corporation for use of an 87,120 square foot parcel of City-owned land at 1302 Municipal Road, N. W., designated as Tax Map No. 6640123, for such corporation's operation of an automobile rental establishment, for an additional twelve (12) months, beginning July 1, 2010, and ending June 30, 2011, at a rental rate of $2,545.67 per month, all as more particularly described ~in the City Manager's letter to this Council dated June 21, 2010. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATT ST:/f# Jonathan E~~ Deputy City Clerk C'\JY?n1j 01".........,...., ~~J ____ David A. Bowers Mayor I I I I 287 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of June, 2010. No. 38865-062110. A RESOLUTION authorizing the issuance of fourteen million eight hundred thousand dollars ($14,800,000.00) 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 an,dfor such city; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds, together with other General Obligation Public Improvement Bonds of the City; 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 (i) to authorize the City to contract a debt and to authorize the issuance of $14,800,000.00 principal amount of generalobligations 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, (ii) 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 and (iii) to authorize the sale of such Bonds, together with other previously authorized general obligation public improvement bonds of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 288 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 net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for th~ City set forth in Section 7, the City is authorized to contract a debt and to issue $14,800,000.00 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, Series 2010" (referred to herein as the "Series 2010 Bonds"). (b) (i) On September 8, 2009, the Council adopted Resolution No. 38582- 090809 authorizing the City to contract a debt and to issue General Obligation Public Improvement Bonds of the City in the principal amount of $13,945,000.00 for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements Amount $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 (ii) On January 4, 2010, the Council adopted Resolution No. 38682-010410 reallocating to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of the Roanoke River Flood Reduction Project $2,190,000.00 of the amount set forth in Resolution No. 38582- 090809 for Parks and Recreation, such that, after such reallocation, the purposes and the amounts of the general obligation public improvement bonds of the City in the principal amount of $13,945,000.00 authorized for issuance under Resolution No. 38582-090809, as supplemented by Resolution No. 38682-010410, were to be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provided that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: I I I I I I 289 Purpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements $2,500,000.00 3,645,000.00 4,550,000.00 1,200,000.00 1,050,000.00 1,000,000.00 $13,945,000.00 (iii) (A) Subsequent to the adoption of Resolution No. 38682-010410, the Council has determined that (i) the amount of $55,000.00 authorized for Parks and Recr~ation is no longer needed for such purpose and (ii) it would be desirable and in the best interest of the City to reallocate such amount of $55,000.00 heretofore authorized for Parks and Recreation to the Roanoke River Flood Reduction Project, thereby increasing the amount authorized by Resolution No. 38582-090809, as supplemented by Resolution 38682-010410, for such purpose to $3,700,000.00. (B) The Council hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of the Roanoke River Flood Reduction Project $55,000.00 of the amount set forth in Resolution No. 38582-090809, as supplemented by Resolution No. 38682- 010410, for Parks and Recreation. (C) After the reallocation effected pursuant to Section 1 (b)(iii)(B) hereof, the purposes and the amounts of the general obligation public improvement bonds .of the City in the principal amount of $13,945,000.00 authorized for issuance under Resolution No. 38582-090809 shall be applied to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City for the purposes and in the amounts set forth below; provideq that, if any purpose set forth below shall require less than the entire respective amount so set forth, the difference may be applied to any of the other purposes so set forth: Purpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Amphitheater Public Bridges Curbs, Gutter and Sidewalk Improvements $ 2,500,000.00 3,700,000.00 4,495,000.00 1,200,000.00 1,050,000.00 1.000,000.00 $13,945,000.00 290 (iv) In addition to authorizing the issuance and sale of the Series 2010 I Bonds authorized for issuance in Section 1 (a) hereof, the Council hereby authorizes the sale of the general obligation public improvement bonds of the City (referred to herein as the "Additional Bonds") heretofore authorized for issuance under Resolution No. 38582-090809, as supplemented by Resolution 38682-010410 and this Resolution, for the purposes and in the amounts set forth below: Purpose Amount Public Schools Roanoke River Flood Reduction Project Parks and Recreation Public Bridges $ 2,500,000.00 1,020,000.00 350,000.00 650,000.00 $4,520,000.00 (v) The Series 2010 Bonds and the Additional Bonds are referred to herein collectively as the "Bonds". (c) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 each or any whole multiple thereof. The Bonds of a given series shall be numbered from No. R-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 amounts specified in Section 1 (a) and (b)); 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. (d) 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. I I I I I 291 (e) (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"). 292 (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. I I (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the I City or any duly authorized officer thereof. I I I 293 (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. (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. 294 SECTION 5. (a) CUSIP identification numbers may be printed on the I 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 I 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 "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 the provisions of the Code relating to "Build America Bonds" 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 provisions of the Code and the applicable Treasury Regulations promulgated thereunder relating to "Build America Bonds". (c) In the event the City shall determine to issue all or a portion of the Bonds as taxable "Recovery Zone Economic Development Bonds", the City Manager is hereby authorized to irrevocably elect to have the provisions of the Code relating to "Recovery Zone Economic Development Bonds" apply to such Bonds and the City Manager, the Director of Finance and other City officials are hereby authorized to take all such actions shall be necessary in order for such Bonds to meet the requirements of the provisions of the Code and the applicable Treasury Regulations promulgated thereunder relating to "Recovery Zone Economic Development Bonds". I I I I 295 (d) In the event the City shall determine to issue all or a portion of the Bonds as "Recovery Zone Facility Bonds", the City Manager is hereby authorized to irrevocably elect to have the provisions of the Code relating to "Recovery Zone Facility Bonds" apply to such Bonds and the City Manager, the Director of Finance and other City officials are hereby authorized to take all such actions shall be necessary in order for such Bonds to meet the requirements of the provisions of the Code and the applicable Treasury Regulations promulgated thereunder relating to "Recovery Zone Facility Bonds". (e) The Council confirms the resolution heretofore adopted by the Council designating the entire City as a "recovery zone" for purposes of Section 1400U-1 (b) of the Code. (f) In accordance with provisions of Section 147(f) of the Code, the Council as an "applicable elected representative" of the City hereby approves the issuance of the Bonds to be issued to finance the Market Building Renovation Project. SECTION 7. The net proceeds of the sale of the Series 2010 Bonds authorized for issuance in the principal amount of $14,800,000.00 in Section 1 (a) hereof (after taking into account costs of issuance, underwriting compensation and original issue discount) 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 Principal Amount $6,845,000.00 6,340,000.00 1.615.000.00 $14,800,000.00 Project Fund Amount $ 6,108,000.00 5,561,925.00 1.250.000.00 $12,919,925.00 Digital Radio Project Market Building Renovation Project Public Bridge Renovation Project 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. (b) If the Bonds are 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. 296 (c) If the Bonds are sold at competitive sale, the City Manager and the Director of Finance, without further action by the Council, (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) are hereby further authorized to receive bids for the purchase of the Bonds of each series and 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, Recovery Zone Economic Development Bonds or Recovery Zone Facility 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%). (d) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance, without further action of the Council, (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) are hereby authorized to select the underwriters of the Bonds (the "Underwriters") and to sell the Bonds in one or more series in accordance herewith to the Underwriters. If the Bonds are sold at negotiated sale, 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%) (provided, however, that in calculating the true interest cost to the City for any series of Build America Bonds, Recovery Zone Economic Development Bonds or Recovery Zone Facility 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 negotiated with the Underwriters 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%). 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 the Underwriters. I I I I I I 297 (e) 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 advisor 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". (f) 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. (g) 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 the Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true 298 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 upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may' also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. 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. I I I I I I 299 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 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 300 Company ("DTC"), or in the name of such other nominee of DTC as may be requested I 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. 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. I 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: -,- I I I I 301 Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, ~which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, 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. 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. 302 The full faith and credit of the City are irrevocably pledged to the punctual I 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. n 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. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated the date first above written. CITY OF ROANOKE, VIRGINIA I [SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. ], as Registrar By: Date of Authentication: I Authorized Signatory 303 I ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights 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: I Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: / t:/ff Jonathan E. C~D Deputy City Clerk David A. Bowers Mayor I 304 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38866-062110. AN ORDINANCE to appropriate funding to be provided by Series 2010 Bonds to the Old Mountain Road Bridge Renovation, Market Building Renovation and Digital Radio Upgrade projects, amending and reordaining certain sections of the 2009-2010 Capital Projects, Market Building, 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 2009-2010 Capital Projects, Market Building, and Department of Technology Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from 2010 Bond Funds Old Mountain Road Bridge Renovation 08-530-9529-9330 08-530-9541-9331 $ 1,250,00.00 (1,250,000.00) Market Buildina Fund Appropriations Appropriated from 2010 Bond Funds Market Building Renovation 09-300-8137 -9330 09-300-8145-9332 5,561,925.00 (5,561,925.00) Department of Technoloav Fund Appropriations Appropriated from 2010 Bond Funds Digital Radio Upgrade 13-430-9950-9330 13-430-9951-9333 6,108,000.00 (6,108,000.00) 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: I I oQ.~(,,~-, David A. Bowers Mayor Jonathan E. Craft Deputy City Clerk I I I I 305 OPTION1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38867-062110. AN ORDINANCE amending Section 30-4, PlacinQ Qoods, boxes,. etc., on sidewalks in front of stores and buildinQs, adding a new Section 30-9.2, Street vending, and amending Section 30-13.1, Use of wheelbarrows, handcarts, bicvcles, skates, etc. , on sidewalks, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 30-4. PlacinQ Qoods, boxes. etc., on sidewalks in front of stores and buildinQs. (a) It shall be unlawful for any person to exhibit any goods or wares or to place any boxes, barrels, crates, frames or any other vessel or article on the sidewalk in front of any store or building. (b) The provisions of this section shall not be construed to prohibit the exhibition of goods or wares on the sidewalk in front of the buildings on the market square for no greater distance than two (2) feet from the building line, and shall not prohibit street vending authorized under Section 30-9.2 of this Code. (c) This section shall not prevent. merchants and others who receive goods from depositing the same upon the sidewalks after removing the same from delivery trucks or vehicles, but the same shall not be allowed to remain thereon more than one (1) hour. * * * 306 Sec. 30-9.2. Street vending. I The City Manager is authorized to issue street vending permits to authorize placement of carts which are not self-propelled for vending food or beverages, or both, either within City rights-of-way where pedestrian or vehicular circulation is not impeded or on City-owned properties, including, but not limited to, public parks and green ways, where the access to and enjoyment of public amenities are not impeded. ' (1) The sale of food or beverages from a cart which is not self propelled, within the public right-of-way, or on property owned by the City of Roanoke, shall require a street vending permit issued by the City Manager. (2) A street vending permit pursuant to this section is not required for vending in public market spaces designated by the City Manager pursuant to Section 24-63 of this Code, vending associated with a special event authorized by an assembly permit issued under Article VI of this Chapter, or vending conducted entirely on private property. (3) A street vending permit shall be revocable with or without cause in the discretion of the City Manager. Upon revocation of a permit I and notice to the permittee, the City Manager shall be authorized to remove any items previously permitted to be placed in the City right-of-way or on City-owned property and dispose of same. (4) Application for a street vending permit shall be made on forms provided by the City Manager. Permits shall be issued for a period of no less than one (1) month and no more than twelve (12) months. The application shall include the following information: (a) A vending site plan, showing the boundary of the vending site depicted as a shape with dimensions and the location from which the vending will take place ("vending site'?, including serving and queuing areas, with measurements referencing a fixed landmark; (b) The name of any adjacent street, public park, or public property; (e) The width of the sidewalk from an adjacent building or property line, if applicable; I I I I 307 (d) Measurements from any fixtures or equipment such as benches, trash receptacles, fire hydrants, utility poles, etc., within twenty (20) feet of the vending site, if any; (e) Measurements from building entrances, crosswalks, intersections, or outdoor dining areas within twenty (20) feet of the vending site, if any; and (f) Dimensions and a photograph of the cart Any amendments to an approved vending site plan shall be submitted for review and approval by the City Manager prior to making any change to the vending site. (5) The application fee and permit fee for any vending permit issued pursuant to this section shall be in such amounts as are prescribed from time to time by City Council in the City's Fee Compendium. Such fees shall be in addition to any other applicable fees required by this Code or other applicable law, ordinance, rule, or regulation and shall be due and payable at the time of issuance of the permit. (6) The issuance of such permits shall be conditioned upon the permittee's agreement to indemnify and hold harmless the City, its officers, employees, and agents, from all claims, demands, damages, actions, causes of action, or any fine or penalty, or suits of any kind whatsoever, either at law or in equity, including any claim for court costs or attorney fees, for damage to property, injury to person, or death, arising out of the maintenance, use, operation or removal, of any items permitted pursuant to this section, or the conduct of any activity pursuant to this section. (7) The issuance of such permits shall be conditioned upon the permittee's maintaining general public liability insurance, naming, the City, its officers, employees and agents, as additional insureds with respect to the construction, maintenance, use, operation, or removal of any items permitted pursuant to this section, or the conduct of any activity pursuant to this section, in an amount of not less than one million dollars ($1,000,000). A current certificate of insurance, demonstrating compliance with this subsection for the entire term of such permit, shall be attached to the application for the street vending permit, and such insurance shall not be cancelled without thirty (30) days prior written notice to the City. 308 (8) When the City receives an application, it may give notice to the I owner of record of any adjoining property within three (3) days of receipt of the application via first class mail. For the purposes of this section, "adjoining" shall mean within fifty (50) feet of the proposed vending site. The terms of this subsection shall not be construed as requiring permission or approval from such owner. (9) The City Manager may place conditions on the issuance of a street vending permit as warranted for public safety and welfare. (10) The issuance of any permit pursuant to this section shall be conditioned on compliance with all other applicable regulations and permitting requirements and is valid only when a permit from the Virginia Department of Health and an itinerant merchant license from the City are also obtained and maintained throughout the term of the street vending permit. (11) Nothing contained in this section shall be construed to relieve any permittee from liability for any negligence or recklessness with respect to the placement, maintenance, or operation of a ,street vending cart or any other exercise of the privileges authorized by such permit. I (12) The street vendor permit shall be issued for, and limited to, the specific location shown on the vending site plan. A single person or entity may be issued multiple permits for multiple sites so long as a separate application is completed and approved for each site and permit fees are paid for each site. No street vendor permit shall be transferable. (13) Any vending site shall meet the following minimum requirements: (a) Vending shall be permitted only within the -Commercial- General, Commercial-Neighborhood, Recreation and Open Space, and Institutional Planned Unit Development zoning districts, unless otherwise prohibited by this section. (b) A vending site shall be located no closer than one hundred (100) feet from any public entrance to an eating establishment, where such eating establishment is designated as the sole principal use. (c) The vending site shall ,be configured to maintain sight distance and visibility of traffic signs and signals as required by the City Traffic Engineer. I 309 I (d) Where the vending site is on a sidewalk, a minimum of forty- two (42) inches of sidewalk clearance shall be maintained. Service and queuing areas shall be oriented so such clearance is maintained. (e) No vending site, or portion of one, may be located in an on- street parking space. (f) A vending site shall not contain or block a cellar door, manhole, transformer vault or any device for access or ventilation, nor any fire hydrant or standpipe connection ona building. (g) The vending site shall be located on a durable surface such as asphalt or concrete. (14) Vending shall be subject to the following operational requirements: (a) The cart shall be placed as shown on the approved vending site plan. I (b) The cart shall not touch, lean against, or be affixed to any building, structure, or fixture. (c) The vendor shall comply with any request of a police officer or other public safety personnel to move or cease vending in the case of an emergency. (d) Vending shall be limited to hours between 1:00 p.m. and 10:00 p.m. on Sunday, 7:00 a.m. and 10:00 p.m. Monday through Thursday, and between 7:00 a.m. and 12:00 midnight Friday and Saturday. The cart shall be removed from the vending site when vending has ceased. I (e) Vending shall not be permitted when an area is designated for a special event with a valid assembly permit or during an event in a public park or facility where vendors have been authorized by the City to operate concessions, even when the assembly permit is issued subsequent to the vending permit. Notice of an approved assembly permit shall be given by the City Manager to any vending permit holder affected by such event at least five (5) calendar days prior to the event. 310 (f) The permittee is responsible for ensuring that the vending site and any area within twenty (20) feet of the vending site is maintained free of trash during vending and is free of trash at the conclusion of vending regardless of the source of the trash. If a public trash receptacle is not located within twenty (20) feet of the vending site, or if required as a condition of the permit, the vendor shall provide a trash receptacle and shall remove trash from such receptacle daily and dispose of it properly. (g) The cart shall be not be unattended by the permittee for a period of more than ten (10) minutes. (h) No cart shall have an open fire or flame. (i) No public equipment, facilities, or utilities shall be used in the operation of the vending activity or for storage of a cart. (j) Vending transactions shall be limited to pedestrians; vending to any person in a motor vehicle is prohibited. I , (15) The City Manager shall be authorized to promulgate additional I rules to apply to all street vending permits and to require special terms and conditions applicable to certain permits, provided that any, such rule, term, or condition shall be consistent with this section. Violation of any additional rule, term, or condition of a permit shall be a violation of this section. (16) The decision of whether to grant a street vending permit shall be exclusively that of the City Manager. In deciding whether to issue a street vending permit, the City Manager shall consider whether the permittee has complied with all of the requirements of this section and any regulations promulgated by the City Manager, and whether the activity will unreasonably interfere with the flow of pedestrians or motor vehicles or otherwise present a hazard or threat to the general public health, safety and welfare. I I I I 311 (17) Any person aggrieved by a decision of the City Manager not to issue, or to revoke, a street vending permit pursuant to this section may appeal such decision by filing a written notice of appeal with the City Manager within seven (7) calendar days of such decision. Any such notice of appeal shall state the order, requirement, decision or determination which is the subject of the appeal, the date ofthe decision, and the reason(s) for the appeal. Upon receipt of an appeal, the City Manager shall designate a person who did not participate in the review of the application for a street vending permit review to conduct an informal hearing to consider the appeal. The appeal shall be heard as soon as possible after the filing of the appeal, but in no event more than ten (10) business days after the filing of thf;J 'appeal, unless the appeal officer and the aggrieved person agree: to an extension of the ten-dayi deadline. The appeal officer shall announce any decision within five (5) business days after the hearing, unless the appeal officer and the aggrieved person agree to an extension of the five-deW deadline. The appeal officer shall have authority to affirm, modify or reverse the City Manager's decision. Extension of deadlines pursuant to this section shall extend any other deadline within this section by an equal number of days. Any appeal filed under the provisions of this section shall stay enforcement of the order until such appeal has been reviewed and decided. * * * Sec. 30-13-1. Use of wheelbarrows, handcarts, bicvcles, skates, etc., on sidewalks. (a) No person shall operate, on any sidewalk, any wheelbarrow, handbarrow, handcart, handcarriage or other carriage or vehicle, whatever, except in passing directly across such sidewalk for the purpose of delivering goods or other articles. This subsection shall not prohibit the use of carriages or wheelchairs used to carry infants or invalids on the sidewalk&, nor shall this subsection prohibit the placement of a street vending cart permitted pursuant to Sec. 30-9.2 of this Code or maneuvering of such cart to an authorized street vending site. * * * 2. This ordinance shall be effective on July 1, 2010. 312 3. Pursuant to the provisions of S~ction 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: {/K- aonathan E. ~v Deputy City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38868-062110. A RESOLUTION amending the Fee Compendium to establish new fees for street vending applications and permits, 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 changes in descriptions and fees: DESCRIPTION Fee charged for street vending pursuant to Section 30-9.2 of the City Code, allowing the establishment of a vending site to conduct food and bevera e vendin TYPE Street Vending Application Fee AMOUNT $75.00 (The application fee is waived for renewals if the content of a prior a lication is unaltered. $3.25 per square foot annual permit fee. - For permits issued for fewer than twelve (12) months, the permit fee shall be prorated. Street Vending Permit Fee 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. I I I I I I 313 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, 2010. APPROVED ATTEST: Si)Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of June, 2010. No. 38869-062110. AN ORDINANCE amending and reordaining Chapter 32, Taxation. Article II, Real Estate Taxes Generally, Division 5. Exell1ption Of Certain Rehabilitated Real Property, and Division 5C. Partial Tax Exemption In Redevelopment and Conservation Areas. and Rehabilitation Districts. and Division 6. Downtown Service District, Section 32-102.1, Additional Tax Imposed, and Division 7. Willison Road Area Service District, Section 32- 103.1, Additional Tax Imposed, Code of the City of Roanoke which provide for certain real estate tax exemptions for rehabilitating property in the City; 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. Chapter 32, Taxation, Article II, Real Estate Taxes Generally, Code of the City of Roanoke, is amended to read and provide as follows: DIVISION 5. EXEMPTION OF CERTAIN REHABILITATED REAL PROPERTY Sec. 32-93. Generally: termination of exemption proqram. (a) The director of real estate valuation shall, upon application made and within the limits as hereinafter provided, order exemption of real property tax on real property substantially rehabilitated for residential use and on real property substantially rehabilitated for commercial or industrial use. 314 (b) This division shall terminate and no new applications for exemption shall be accepted on and after July 1, 201G5, unless reenacted. This provision shall not affect applications filed before that date, or the continued eligibility for exemption of properties approved before that date. I (c) As used in this Division, the term "substantial rehabilitation" shall include the substantial rehabilitation, renovation, or replacement of real property. Sec. 32-94. Rules and reQulations for administration of division. The director of real estate valuation, with the advice and comment of the city manager, director of finance and commissioner, shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this division as are deemed necessary for the effective administration of this division. Sec. 32-95. EIiQibilitv of residential real property. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitatecrl for residential l,.Ise, a structure shall meet all of the following criteria: (1) Be no less than twonty fivo (25) forty (40) years of age; (2) Be improved so as to increase the assessed value of the structure I by no less than forty (40) percent; (3) Be designed for and suitable for residential use, at least in part, after completion of such improvement; and (4) Bo impro).lod without incro3sing the curront numbor of d'.A,lolling ~ (b) Residential use shall include single-family dwellings, duplexes, multifamily dwelling units, and town houses. Any property, the use of which is partially residential and partially commercial or industrial must meet the eligibility standards for each such applicable use. The director of real estate valuation shall determine the respective value of each such use prior to commencement of the substantial renovation. (c) For any residential structure which is assessed, prior to rehabilitation, at three hundred thousand dollars ($300,000.00) or more, the exemption shall commence July 1 of the tax year following completion of the rehabilitation, renovation, or replacement of the structure, and shall be limited to three (3) years regardless of any other provision in this division. I 315 I Sec. 32-96. Eliqibilitv of commercial or industrial real property. (a) In order to qualify for the exemption from real property taxation for real property substantially rehabilitated for commercial or industrial use, a structure shall meet all of the following criteria: (1) Be no less than twenty-five (25) years of age; (2) Be improved so as to increase the assessed value of the structure by no less than sixty (60) percent; and (3) Be improved without increasing the total square footage of such structure by more than one hundred (100) percent; and (4) Be designed for and suitable for commercial or industrial use after completion of such improvement. (b) If an exemption is granted for commercial or industrial properties pursuant to this Division, no other exemption, including one pursuant to Division 5A and 5B, pertaining to enterprise zones, will be granted, even if the use of the property changes. I Sec. 32-97. Amount of exemption. The amount of the exemption from real property taxation provided ,for by this division shall be an amount equal to the difference in the appraised value of the qualifying structure immediately before substantial rehabilitation and immediately after substantial rehabilitation, as determined by the director of real estate valuation. This amount only, on a fixed basis, shall constitute the exemption, notwithstanding subsequent assessment or reassessment. The exemption resulting from substantial rehabilitation of a qualifying structure shall commence on July 1 st of the tax year following completion of the rehabilitation and shall run with the real estate for a period of five (5) years, and only one (1) exemption under this division may be applicable to any structure at any point in time. If the qualifying structure has been designated with either H-1, Historic District, or H-2, Neighborhood Preservation District, zoning overlay designations, or is located within an area designated as a conservation area or a rehabilitation district by the city, then the exemption shall run with real estate for a period of ten (10) years. An additional .fP.tefour-year period shall apply to any residential structure that will have at least a fifty (50) percent net reduction in the number of dwelling units after rehabilitation. However, during the additional four-year period, the abatement amount will be decreased twenty percent (20%) in each year, such that after the completion of the fourth year, the property shall be taxed at one hundred percent (100%) of its fair market value. I 316 (a) (b) Sec. 32-98. Application. Application for exemption of substantially rehabilitated real property from taxation under this division shall be filed by the owner of such property with the director of real estate valuation prior to commencement of any rehabilitation work for which exemption is sought. Each application for such exemption shall be accompanied by a processing fee in the amount of fifty dollars ($50.00). If a property is being converted, and new and additional tax parcels will be created, the application fee shall be fifty dollars ($50.00) for each tax parcel. No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the director of real' estate valuation has verified that the rehabilitation indicated on the application has been completed. Furthermore, no property shall be eligible for such exemption if the director of real estate valuation has been denied access to the entire premises either before or after the rehabilitation work for which exemption has been applied, for purposes of determining whether the required rehabilitation has been completed and for appraising the property. The burden of proof shall be on the applicant to show that the property for which exemption has been filed complies with all the eligibility criteria established by this division. The director of real estate valuation may require documentary proof of eligibility, and, in such cases, documentation satisfactory to the director shall be presented. Sec. 32-98.1. Eliaibilitv. (a) In order for the exemption for a property to continue in effect, such property shall be maintained in compliance with the oity'sbuilding oodo, inoluding tho BOC/\ N:1tional Proporty M:1inton:1nco Codo, :1nd, if :1pplioablo, the requirements of the City's Rental Certifioate of Compliance Program, sootion 7 31, ot soq., of this Codo. provisions of Chapter 7, Buildina Reaulations, Article VI, Inoperable Motor Vehicles, of Chapter 20, Motor vehicles and traffic, S21-25, Willful damaae to or defacement of public or private facilities, of Chapter 21, Offences Miscellaneous, Chapter 33, Veaetation and Trash, and Chapter 36.2, Zonina, of this Code. If, after receiving notice of a violation of this sootionany of these provisions, the owner of the property fails or refuses to complete the necessary corrections within the time required for such action, or refuses city inspectors access to such property for the purpose of determining continued eligibility under this section, then such eligibility shall terminate. I I I 317 I (b) The rehabilitation or renovation improvements must be completed within two (2) years after the date of the filing of the application for exemption. (c) In order for the exemption for a property to continue in effect, or for an owner to apply for such exemption, the owner thereof shall not be delinquent in any real estate tax owed the City, and such exemption shall be void and of no effect if such delinquency occurs. (d) If a property which has qualified for exemption is damaged by fire or Act of God such that the remaining value of the property is less than it original assessment before being rehabilitated, then the exemption shall cease. Sec. 32-99. Land book. Nothing in this division shall be construed as to permit the commissioner of revenue to list upon the land book any reduced value due to the exemption provided by this division. Sec. 32-100. Demolition. I The exemption provided in this division shall not apply when any existing structure is demolished or razed and a replacement structure is constructed, unless the assessed value of the existing structure is less than ten thousand dollars ($10,000.00). The replacement structure must be in a single-family residence, and it must have an assessed value of at least one hundred twenty (120) percent of the median value of other dwelling units in the neighborhood, as determined by the director of real estate valuation. Such exemption shall not apply when the structure to be demolished is a Virginia registered landmark, or is determined by the Division of Historic Resources to contribute to the significance of a registered historic district. ' Sec. 32-101. False statements. The making of any false statement in any application, affidavit or other information supplied for the purpose of eligibility determination under this division shall constitute a Class 2 misdemeanor. * * * DIVISION 5C. PARTIAL TAX EXEMPTION IN REDEVELOPMENT AND CONSERVATION AREAS, AND REHABILITATION DISTRICTS I 318 Sec. 32-101.20. Generally: termination of exemption prOQram. (a) The director of real estate valuation shall, upon application made and within the limits as hereinafter provided, order the partial exemption from real property tax of real property upon which new structures or other improvements have been constructed within a redevelopment or conservation area, or a rehabilitation district established in the city. (b) This division shall terminate and no new applications for exemption shall be accepted on and after July 1, 201G5, unless reenacted. This provision shall not affect applications filed before that date, or the continued eligibility for exemption of properties approved before that date. Sec. 32-101.21. Rules and reQulations for administration of division. The director of real estate valuation, with the advice and comment of the City Manager, director of finance, and commissioner, shall adopt and promulgate such rules and regulations not inconsistent with the provisions of this division as are deemed necessary for the effective administration of this division. I Sec. 32-101.22. EliQibility of residential real property. In order to qualify for the exemption from real property taxation for real property I constructed for residential use, the new structure or other improvements must be designed for and used as a principal single-family residential structure, and uses accessory thereto. The structure must have an assessed value of at least one hundred twenty (120) percent of the median value of other residential structures in the neighborhood, as determined by the director of real estate valuation. Sec. 32-101.23. EliQibility of commercial real property. Other than real property constructed for residential use, the only property eligible for the exemption provided by this division shall be commercial property in districts zoned CN-Neighborhood Commercial. In order for such property to qualify, the new structure or other improvements must be designed for and used for purposes permitted in a CN district. Sec. 32-101.24. Amount of exemption. The amount of the exemption from real property taxation provided for by this division shall be an amount equal to the increase in assessed value resulting from the construction of the new structure or other improvement to the real estate, as determined by the director of real estate valuation. This amount only, on a fixed basis; shall I constitute the exemption, notwithstanding subsequent assessment or reassessment. The exemption shall commence on January 1 of the year following completion of the I I I 319 new construction or improvements and shall run with the real estate for a period of (i) ten (10) years for residential structures initially assessed at under three hundred thousand dollars ($300,000.00), and three (3) years for residential structures assessed over that amount, and (ii) ten (10) years for structures in CN districts initially assessed at under eight hundred thousand dollars ($800,000.00), and five (5) years for such structures initially assessed at, over this amount and only one (1) exemption under this division may be applicable to any real estate at any point in time. Sec. 32-101.25. Application. (a) Application for exemption of real property from taxation under this division shall be filed by the owner of such property with the director of real estate valuation after all required building permits are obtained and prior to any work being started on the subject property. Each application for such exemption shall be accompanied by a processing fee in the amount of fifty dollars ($50.00). No property shall be eligible for such exemption unless all appropriate building permits have been acquired and the director of real estate valuation has verified that the new structure or other improvements indicated on the application has been completed and a certificate of occupancy has been issued. Furthermore, no property shall be eligible for such exemption if the commissioner or director of real estate valuation has been denied access to the entire premises either before or after the work for which exemption has been applied, for purposes of determining whether the new structure or other improvements have been completed and for appraising the property.' (b) The burden of proof shall be on the applicant to show that the property for which exemption has been filed complies with all the eligibility criteria established by this division. The director of real estate valuation may require documentary proof of eligibility, and, in such cases, documentation satisfactory to the director shall be presented. Sec. 32-101.26. EliqibilitV. (a) In order for the exemption for a property to continue in effect, such property shall be maintained in compliance with the city's building code, including the BOCA National Property Maintenance Code, and, if applicable, the requirements of the city's rental certificate of compliance program, section 7-34 et seq., of this Code. If, after receiving notice of a violation of this section, the owner of the property fails or refuses to complete the necessary corrections within the time required for such action, or refuses city inspectors access to such property for the purpose of determining continued eligibility under this section, then such eligibility shall terminate. 320 (b) The improvements must be completed within two (2) years after the date of the filing of the application for exemption. (c) In order for the exemption for a property to continue in effect, or for an owner toapply for such exemption, the owner thereof shall not be delinquent in any real estate tax owed the City, and such exemption shall be void and of no effect if such delinquency occurs. (d) If a property which has qualified for exemption is damaged by fire or Act of Godsuch that the remainingc value of the property is less than it original assessment before being rehabilitated, then the exemption shall cease. Sec. 32-101.27. Land book. Nothing in this division shall be construed as to permit the commissioner of revenue to list upon the land book any reduced value due to the exemption provided by this division. Sec. 32-101.28. Demolition. I The exemption provided in this division shall not apply when any existing structure is demolished or razed and a replacement structure is constructed, unless the assessed value of the existing structure is less than ten thousand dollars ($10,000.00). I If the replacement structure is a single-family residence, it must have an assessed value of at least one hundred twenty (120) percent of the median value of other dwelling units in the neighborhood, as determined by the director of real estate valuation. Such exemption shall not apply when the structure to be demolished is a Virginia registered landmark, or is determined by the Division of Historic Resources to contribute to the significance of a registered historic district. Sec. 32-101.29. False statements. The making of any false statement in any application, affidavit or other information supplied for the purpose of eligibility determination under this division shall constitute a class 2 misdemeanor. DIVISION 6. DOWNTOWN SERVICE DISTRICT * * * Sec. 32-102.1. Additional tax imposed. To provide for additional governmental services not being offered uniformly throughout the city, there is hereby levied a tax of ten cents ($0.10) for every one I _ hundred dollars ($100.00) of assessed value of roal property and improvements assessed value, less any exemption for which the real property has qualified pursuant I I I 321 property and improvements located in the downtown service district as defined by section 32-102.2. Valuation and assessment of real property, timing with respect to valuation, assessment and payment, penalties and interest on delinquencies, abatement in the event a building is razed, destroyed or damaged or in the case of a natural disaster, assessment of new construction and all other procedures for and details of administration and collection of the tax imposed by this division shall be the same as provided for by this Code for real estate taxes generally. * * * DIVISION 7. WILLIAMSON ROAD AREA SERVICE DISTRICT Sec. 32-103.1. Additional tax imposed. To provide for additional governmental services not being offered uniformly throughout the city, there is hereby levied a tax of ten cents ($0.10) for every one hundred dollars ($100.00) of assessed value, less any exemption for which the real property has qualified pursuant to Divisions 5, SA, 5B, or 5C of this Chapter, of real property and improvements located in the Williamson Road Area Service District as defined by section 32-103.2. Valuation and assessment of real property, timing with respect to valuation, assessment and payment, penalties and interest on delinquencies, abatement in the event a building is razed, destroyed or damaged or in the case of a natural disaster, assessment of new construction and all other procedures for and details of administration and collection of the tax imposed by this division shall be the same as provided for by this Code for real estate taxes generally. * * * 2. This ordinance shall be in full force and effect on and after July 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: ~ Jonathan E. Craft Deputy City Clerk ~ David A. Bowers Mayor 322 . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. No. 38870-070610. I A RESOLUTION recognizing the Honorable David Trinkle to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable David Trinkle received the largest number of votes of any candidate running for City Council in the regular Councilmanic election held on the first Tuesday in May, 2010, and was, therefore, elected Vice-Mayor of the City for a two- year term, which will commence July 1, 2010, as provided by 94 of the Charter of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable David Trinkle be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1st day of July, 2010, and continuing for a period of four years, and until his successor shall have been elected and qualified, and to be the duly elected Vice-Mayor of the City for a term commencing July 1, 2010, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED I ,S)Q.(J:;f ~ David A. Bowers Mayor ATTEST: ~:~~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. No. 38871-070610. A RESOLUTION paying tribute to the Honorable Sherman Lea, and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice-Mayor of the City. WHEREAS, Mr. Lea was elected as Vice-Mayor in May 2008, having served on Council since 2004; I I I I 323 WHEREAS, Mr. Lea is a Regional Director with the Virginia Department of Corrections; and WHEREAS, Mr. Lea has worked diligently on the Audit Committee, Greater Roanoke Transit Company Board of Directors, the Council's Legislative Committee, the Personnel Committee and Virginia CARES, Inc. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Sherman Lea, as Vice-Mayor. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable Sherman Lea. APPROVED ATTEST: ~ n-,. n;()W Stephanie M. Moon, CMC City Clerk S>" David A. Bowers Mayor . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. No. 38872-070610. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2010, and terminating June 30, 2011. 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, 2010, and terminating June 30, 2011. 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: 324 (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 first 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 3-6, 2010, an exception is noted herein and the regular meeting scheduled to be held on Monday, October 4,2010, is rescheduled to be held on Thursday, October 7,2010, and shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Such meeting shall be reconvened at 2:00 p.m. on the same day for the conduct of regular business. 4. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 5. All meetings of City Council shall be automatically adjourned at 11 :00 p.m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. 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 2, 2010, which shall be held in the William Fleming High School Media Center located at 3649 Ferncliff Avenue, N. W., Roanoke, Virginia. I I I I I I 325 7. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place. 8. This Resolution shall have no application to special meetings of City Council called pursuant to 910 of the City Charter. APPROVED ATTEST: ~ h1. f>;OlMJ Stephanie M. Moon City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. No. 38873-070610. AN ORDINANCE authorizing execution of a deed of reservation for City-owned property designated as Tax Map Number 1040202, to allow the placement of a permanent 40 foot wide by 919 foot long storm drain easement from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River, in connection with the development of the Riverside Corporate Centre, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held July 6, 2010, pursuant to SS 15.2-1800 and 1813, Code of Virgir"!ia (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. 326 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 a deed of reservation for City-owned property designated as Tax Map Number 1040202, to allow the placement of a permanent 40 foot wide by 919 foot long storm drain easement from the intersection of Reserve Avenue and Jefferson Street to the Roanoke River, for the purpose of supporting a drain pipe, and for the purpose of constructing and installing and thereafter maintaining, operating, relaying, and if necessary, replacing, a public storm drain system across the aforementioned parcel, formerly known as the National Guard Armory, in connection with the development of the Riverside Corporate Centre, upon the terms and conditions set forth in the City Manager's letter to Council dated July 6, 2010. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~'r0'hJD~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. No. 38874-070610. AN ORDINANCE "amending and reordaining Section 14.1-16, Placement for collection qenerallv, of Chapter 14.1, Solid Waste Manaqement, of the Code of the City of Roanoke (1979), as amended, by amending subsection (d) (4); and dispensing with the second reading by title of this ordinance. I I I I I I BE IT ORDAINED by the Council of the City of Roanoke as follows: 327 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. 14.1-16. Placement for collection generally. * * * (d) Any person who is physically unable to transport all refuse and recyclables generated by all persons residing in a dwelling unit to the locations described in subsections (a) and (b) of this section may apply for physically challenged service on a form acceptable to the City Manager. * * * Physically challenged service shall be available to citizens for a term of no more than twelve (12) months from the date of approval by the City Manager. Any person receiving physically challenged service may apply for additional twelve (12) month terms pursuant to this subsection (d), if such person remains otherwise qualified for such service. (4) 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED ~m. rYjUOYV Stephanie M. Moon, CMC City Clerk ~~~ Mayor 328 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. I No. 38875-070610. AN ORDINANCE to appropriate funding from the Parking Fund Retained Earnings for maintenance projects at various Park Roanoke facilities, amending and reordaining certain sections of the 2010-2011 Parking Fund ApprQpriations, and dispensing with the 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 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fund Balance Retained Earnings - Available Appropriations Maintenance-Buildings - Market Garage Maintenance-Buildings - Elmwood Park Garage Maintenance-Buildings - Elmwood Park Lot Maintenance-Buildings - Campbell Garage Maintenance-Buildings - Center in the Sq Garage Maintenance-Buildings - Church Avenue Garage Maintenance-Buildings - Tower Garage Maintenance-Buildings - Gainsboro Garage 07-3348 $(269,477.00) 07 -540-8200-2050 27,642.00 07 -540-8205-2050 27,708.00 07 -540-8208-2050 3,750.00 I 07 -540-8213-2050 16,553.00 07 -540-8215-2050 35,236.00 07 -540-8220-2050 52,824.00 07 -540-8225-2050 70,141.00 07 -540-8235-2050 35,623.00 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.1Y;V/MJ Stephanie M. Moon, CMC City Clerk 9~ David A. Bowers Mayor I I I I 329 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. No. 38876-070610. A RESOLUTION repealing Resolution No. 38684-010410 and designating certain projects 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 Development Bonds (R,ZEDBs), 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 an amount of $5,700,000.00 have been allocated for issuance for use in the City of Roanoke within a designated Recovery Zone; WHEREAS, by adoption of Resolution No. 38684-010410, Council designated certain projects to be the recipient of funding for purposes of the issuance of RZEDB Bonds in addition to the Roanoke River Flood Reduction Project; and WHEREAS, by report of July 6, 2010, the Director of Finance has requested that Council reallocate the current available amount of RZEDB Bonds to the projects enumerated in the report. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Resolution No. 38684-010410 be and it is hereby REPEALED. 330 2. Council hereby designates 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 those certain projects described in the Director of Finance's report to Council dated July 6, 2010, those projects and amounts being: I Roanoke River Flood Reduction Project National Guard Armory Bridge Renovations Digital Radio Upgrade $1,000,000.00 $ 350,000.00 $1,900,000.00 $2,450,000.00 APPROVED ATTEST: ~ hi. '7blfYvl Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. I No. 38877-070610. A RESOLUTION repealing Resolution No. 38686-010410 and approving certain projects for 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 development of new projects that are constrLicted, reconstructed, renovated, or acquired in an area that has been designated as a "recovery zone," after such zone has been designated; WHEREAS, RZFBs in an amount of $20,750,000.00 have been allocated for issuance for use in the City of Roanoke within a designated Recovery Zone; I I I '\ I 331 WHEREAS, the City has designated a Recovery Zone forRZFB purposes; WHEREAS, by the adoption of Resolution No. 38686-010410, Council approved and ranked certain projects for the issuance of RZFBs to be issued in the City; and WHEREAS, by a report dated July. 6, 2010, the Director of Finance has requested that the current amount available for RZFB Bonds in the City be reallocated between two projects. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Resolution No. 38686-010410 be and it is hereby REPEALED. 2. Council hereby approves for the issuance of Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment Act of 2009 those projects further described in the Director of Finance's report to Council dated July 6, 2010, those projects and total amount of bonds being: Boxley Residences City Market Building $12,600,000.00 $ 6,000,000.00 APPROVED ATTEST: ~h,. r-r;O~ Stephanie M. Moon, CMC City Clerk ~.~- Davi A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. No. 38878-070610. A RESOLUTION waiving the requirement of City residency for Adam Boitnott, a Commissioner of the City of Roanoke Redevelopment and Housing Authority. WHEREAS, the Council is advised that Adam Boitnott, who was on October 23, 2008, appointed to a term as a Commissioner of the City of Roanoke Redevelopment and Housing Authority expiring on August 31,2012, has moved his residence from the City; and 332 WHEREAS, the Council desires to retain the valuable services of Mr. Boitnott as I a Commissioner and to waive the requirement of City residency set out in 92-281 (b), Code of the City of Roanoke (1979), as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the requirement of City residency set forth in 92-281 (b), Code of the City of Roanoke (1979), as amended, is hereby waived as to Adam Boitnott, Commissioner, City of Roanoke Redevelopment and Housing Authority, with respect to his current term which expires August 31, 2012, Council having found specific reasons and unusual circumstances justifying such waiver. APPROVED ATTEST: ~ 1->,. rr;o~ Stephanie M. Moon, CMC City Clerk ~~~..,--, ~ ~J -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 19th day of July, 2010. No. 38879-071910. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke hereby accepts funding for the regional drug prosecutor's office in the total amount of $96,975.00 from the Compensation Board of the Commonwealth of Virginia through June 30,2011. 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 local share for Fiscal Year 2010-2011 shall be in the amount of I $27,900.00. I I I 333 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: ~hJ'hJolMJ Stephanie M. Moon, CMC City Clerk Q~ ( 0-...... ..... --- ~ a i . Bowers -~- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38880-071910. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 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 Other Rental Revenues Regional Drug Prosecutor FY11-Comp Board Regional Drug Prosecutor FY11-Local Match 35-150-4502-1002 35-150-4502-1105 35-150-4502-1120 35-150-4502-1125 35-150-4502-1126 35-150-4502-1130 35-150-4502-1131 35-150-4502-2020 35-150-4502-3075 35-150-4502-4502 35-150-4502-4503 . $84,796.00 13,380.00 6,487.00 9,360.00 561.00 237.00 24.00 1,030.00 9,000.00 96,975.00 27,900.00 334 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: ~n,.fY]OoW Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38881-071910. A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice Assistance Grant from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. I BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept from the Virginia Departmen~ of Criminal Justice Services, the Edward Byrne Memorial Justice Assistance Grant in the amount of $48,748.00, with a local match required from the City in the amount of $2,565.00, for a total amount of $51,313.00, for the term beginning July 1, 2010 through June 30, 2011, to be used for an Intensive Supervision Juvenile Probation Program. Such grant is more particularly described in the letter of the City Manager to Council dated July 19, 2010. 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. I I I I 335 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. ~O&Y\J ~-~~ David A. Bowers ' Mayor Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38882-071910. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Roanoke Intensive Supervision Juvenile Probation Program, an Edward Byrne Memorial Justice Assistance Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Wages Retirement FICA Health Insurance Dental Insurance Life Insurance Disability Insurance Cellular Telephone Administrative Supplies Local Mileage Revenues Intensive Supervision Grant FY11 - State Intensive Supervision Grant FY11 - Local 35-630-5002-1 002 35-630-5002-1105 35-630-5002-1120 35-630-5002-1125 35-630-5002-1126 35-630-5002-1130 35-630-5002-1131 35-630-5002-2021 35-630-5002-2030 35-630-5002-2046 35-630-5002-5002 35-630-5002-5003 . $36,030.00 5,686.00 2,756.00 4,560.00 296.00 295.00 101.00 600.00 439.00 550.00 48,748.00 2,565.00 336 Pursuant to the provisions of Section 12 of the City Charter, the second reading I of this ordinance by title is hereby dispens~d with. APPROVED ATTEST: ~ h-]./YjOIh0 Stephanie M. Moon, CMC City Clerk ~ o(lJ?\7 ~----..._ ~~. -.- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38883-071910. A RESOLUTION authorizing acceptance of funds awarded to the Roanoke City I Police Department by the United Sta~es 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 $44,000.00, with no matching funds required from the City, to be awarded to the Roanoke City Police Department to be used for vehicle fuel to operate the vehicles previously donated in August 2009, to the Roanoke City Police Department, and to purchase emergency lights, radios and officer protective equipment to be placed within the donated vehicles. This funding is more particularly described in the letter of the City Manager to Council, dated July 19, 2010. I I I I 337 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents required to accept such funding. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: ~m.hJOItY\) Stephanie M. Moon, CMC City Clerk &~~- - David A. Bowers Mayor /.: IN THE COUNCIL OF THE CITY OF ROANOKE, VLRGINIA, The 19th day of July, 2010. No. 38884-071910. 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 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Motor Fuels and Lubricants Revenues US Marshals Automotive Grant FY10 35-640-3663-2035 35-640-3663-2038 $ 20,000.00 24,000.00 35-640-3663-3663 44,000.00 338 APPROVED I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinanceby title is hereby dispensed with. ATTEST: ~m.00iW Stephanie M. Moon, CMC City Clerk Si>-~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38885-071910. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of the Roanoke I Valley, from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept the Juvenile Justice and Delinquency Prevention Title II grant made to the City from the Virginia Department of Criminal Justice Services in the amount of $74,624.00, with no local match from the City, for the term beginning July 1, 2010 through June 30, 2011, to be expended on the City of Roanoke's Project Back on Track, an evidence based treatment program designed to reduce youth substance use and youth crime, 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 19, 2010. 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, and to execute a contract with Family Service of the Roanoke Valley to implement the program. All such documents shall be approved asto form by the City Attorney. I 339 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, . The 19th day of July, 2010. No. 38886-071910. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Project Back on Track Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Project Back on Track Grant FY11 35-630-5018-2010 $74,624.00 35-630-5018-501 8 74,624.00 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: ~hJ:lD)o~ Stephanie M. Moon, CMC City.Clerk ~~~~ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38887-071910. I A RESOLUTION authorizing the acceptance of two FY 2011 Urban and Community Forestry Grants to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on an Urban Forestry Plan Update and related activities and on Tree Stewards Training and projects, and authorizing the execution of the necessary documents, upon certain terms and conditions. 340 BE IT RESOLVED by the Council of the City of Roanoke that: I 1. The City of Roanoke hereby accepts the FY 2011 Urban and Community Forestry Grants in the total amount of $24,712.00 to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on an Urban Forestry Plan Update and related activities and on Tree Stewards Training and projects, as more particularly set forth in the City Manager's report dated July 19, 2010, 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 documents 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 ATTEST: ~hl.~~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38888-071910. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grants, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regu'lar Employee Salaries City Retirement FICA Medical Insurance 35-620-4358-1 002 35-620-4358-11 05 35-620-4358-1120 35-620-4358-1125 $9,008.00 1,421.00 690.00 1,140.00 I I I I Dental Insurance Life Insurance Regular Employee Salaries City Retirement FICA Medical Insurance Dental Insurance Life Insurance Revenues Urban & Community Forestry Grant FY11 #1 Urban & Community Forestry Grant FY11 #2 35-620-4358-1126 35-620-4358-1130 35-620-4359-1 002 35-620-4359-11 05 35-620-4359-1120 35-620-4359-1125 35-620-4359-1126 35-620-4359-1130 35-620-4358-4358 35-620-4359-4359 341 72.00 25.00 9,008.00 1,421.00 690.00 1 ,140.00 72.00 25.00 12,356.00 12,356.00 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.n;~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38889-071910. 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 $190,857.00, suchfundingto 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 supervised Summer Nutrition Program, all of which is more particularly described in the City Manager's letter dated July 19, 2010, to City Council. 342 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 Service, in connection with the grant. APPROVED ATTEST: ~OIJ. 1IjoIW Stephanie M. Moon, CMC City Clerk ~)'Q~-- David . owers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38890-071910. I AN ORDINANCE to appropriate funding from the Federal government for the Summer Food Program, amending and reordaining certain sections of the 2010-2011 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 qertain sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Program Activities Revenues Summer Food Program FY11 35-620-5270-2066 $ 190,857.00 35-620-5270-5270 190,857.00 I I I I 343 Pursuant 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.1'Y)OM Stephanie M. Moon, CMC City Clerk (::;;i:ls!!:}~.- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38891-071910. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $59,324.00, with a local match of $59,324.00, making a total funding of $118,648.00, to be used to purchase a new Chevrolet ambulance, as more particularly described in the letter of the City Manager to Council, dated July 19, 2010. 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. . 344 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: ~ht.IY"JOo.J Stephanie M. Moon, CMC City Clerk ~~vaM/>-'"""- ~_~fI' -- --.... DaYld A Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38892-071910. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain I sections of the 2010-2011 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 2010-2011 Grant and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fleet Manaqement Fund Appropriations Vehicular Equipment Transfer to Grant Fund 17-440-2642-9010 17 -440-2643-9535 $(59,324.00) 59,324.00 Grant Fund Appropriations Vehicular Equipment Revenues RSAF Ambulance FY11 - State RSAF Ambulance FY11 - Fleet 35-520-3702-3702 35-520-3702-3703 118,648.00 59,324.00 59,324.00 35-520-3702-9010 I I I I 345 Pursuant 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. "l~ Stephanie M. Moon, CMC City Clerk &)-Q(g{~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38893-071910. A RESOLUTION supporting and authorizing the City's participation in a regional consortium to apply for and implement a Sustainable Communities Regional Planning Grant, including the provision of in-kind services, and authorizing the City Manager and City Clerk to execute and attest, respectively, all necessary and appropriate documents in connection with such application. WHEREAS, the Sustainable Communities Regional Planning Grant Program is a program administered by the Department of Housing and Urban Development that provides competitive grants to support preparation of regional plans for sustainable development; WHEREAS, this initiative is compatible with the City's interests and goals related to sustainable development embodied in Vision 2001-2020, the City's Comprehensive Plan; and WHEREAS, a Regional Plan for Sustainable Development will improve the City's ability to advance its housing, neighborhood, environmental, cultural, economic development, infrastructure, public services, human capital, health, and urban design goals. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 346 1 . That the City Council supports the City's participation in an application for I a Sustainable Communities Regional Planning Grant, as more fully set forth in the City Manager's report dated July 19, 2010, to this Council. 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 in connection with such application, such documents to be 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: ~~.-'In. n;oryJ S ephanie M. Moon, CMC City Clerk Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. I No. 38894-071910. A RESOLUTION authorizing the issuance and sale of not to exceed forty million dollars ($40,000,000.00) 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; authorizing the City Manager and the Director of Finance to designate the refunded I. bonds for redemption; and,otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. I I I 347 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: 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, as amended (the same being the Public Finance Act of 1991, as amended), 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 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 Bond~, 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) 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 $44,925,000.00 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March 11, 2010 and maturing in varying amounts on October 1 in each of the years 2011 through 2029, both inclusive (the "Series 201 OA Bonds"). 348 (f) 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, the outstanding Series 2008 Bonds and the outstanding Series 2010A 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, or may enable the City to modify its existing annual debt service structure. (g) 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, the outstanding Series 2008 Bonds and the outstanding Series 2010A 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"). (h) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all or a portion of its outstanding bonds in advance of their stated maturities. (i) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Forty Million Dollars ($40,000,000.00) 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, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Forty Million Dollars ($40,000,000.00) 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"). I I I I I I 349 (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 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 sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000.00) may be , made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption, If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest 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. 350 (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. I 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 I 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 ~xecuted, 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"). (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 I 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 I I I 351 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. (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. 352 (f) All transfers or exchanges pursuant to this Section 5 shall be made I 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 I 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. 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 I 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. I I I 353 (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 letterhe;3.d and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds, SECTION 7. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 8. (a) Pursuant to. the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale to the Underwriter, on or before June 30, 2011, 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, provided further that no net present value savings shall be required in connection with the sale of a series of the Bonds to be issued for the purpose of modifying the City's existing annual debt service structure. 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. (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 No'ice 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. 354 (c) If the Bonds are sold at negotiated sale, the City Manager and the I 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 and the Director 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, as amended ("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 I 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, 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, I I I I 355 (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 therefore. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to 'direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds, SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. SECTION 11. It is contemplated that the Bonds may be sold contemporaneously with a series of "Recovery Zone Facility Bonds" for the Market Building Renovation Project authorized for issuance and sale under Resolution No. 38865-062110 adopted by this Council on June 21, 2010, Supplementing Section 6(e) of Resolution No. 38865-062110, this Council hereby finds and determines as follows: (i) 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 in their 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 designed as a "recovery ,zone", after such zones have been designated, (ii) an allocation of RZFBs under the provisions of the ARRA has been made to the City by the Commonwealth of Virginia for use in the City within a designated Recovery Zone and (iii) 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". Based on the foregoing findings and determinations, this Council hereby finds that the site occupied by the Market Building at 32 Market Square in the City 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. 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, as amended (the same being the Public Finance Act of 1991, as amended) . 356 EXHIBIT A I SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. No. R-_ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted I 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 I 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. I I I 357 The principal of this Bond is payable on presentation and surrender hereof at the office of , as the Registrar and Paying Agent, in the City of , . Principal of and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. 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, as amended (the same being the Public Finance Act of 1991, as amended), 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 _, _ are subject to redemption at the option of 'the City prior to their stated maturities, on or after _, _, in whole or in part from time to time on any date, in such order as 'may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of 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 Principal Amount $ The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. 358 If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than 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. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange hereof. This Bond shall not be valid or obligatory unless ~he certificate of authentication hereon shall have been manually signed by the Registrar. I I I I I I 359 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 as to rate or amo':Jnt, 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, CITY OF ROANOKE, VIRGINIA Mayor [SEAL] Attest: City Clerk CERTIFICATE OF AUTHENTICATION This _ Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. l.as Registrar By: Authorized Signator 4 Date of Authentication: 360 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 9n the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: ~ rn. TYjoev0 Stephanie M. Moon, CMC City Clerk ~~ ~~o~ers Mayor I I I I I I 361 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38895-071910. A RESOLUTION authorizing the School Board to renew a loan agreement with Wells Fargo Bank, National Association, for the purpose of renewing the $10,000,000,00 line of credit with Wells Fargo 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, 2011. 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 Wells Fargo Bank, National Association, entered into by the School Board pursuant to Resolution No. 38153-070708, and to extend the renewal through July 8, 2011, as more particularly described in the letter of the Director of Finance to Council, dated July 19, 2010, 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: ~rn. '")Ov--J Stephanie M. Moon, CMC City Clerk . .' ~~~~- ~ ---- David A. Bowers Mayor 362 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2nd day of August, 2010. No. 38896-080210. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 530 8th Street, S. W., Roanoke, Virginia, bearing Official Tax No. 1113210, to Rebuilding Together, Roanoke, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance, WHEREAS, a public hearing was held on August 2, 2010, 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 parcel of City-owned property, located at 530 8th I Street, S. W., Roanoke, Virginia, bearing Official Tax No. 1113210, to Rebuilding Together, Roanoke, Inc., for the purchase price of $10.00, with the proceeds from the sale to go towards the Economic and Community Development Reserve Fund, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated August 2, 2010. 2. All documents necessary for this conveyance shall be inform 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: ~'rr). ~O~ Stephanie M. Moon, CMC City Clerk ers I I I I 363 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38897-080210. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 216-12th Street, N. W., Roanoke, Virginia, formerly known as Fire Station #5, bearing Official Tax No. 2212317, to Que House, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on August 2, 2010, 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 parcel of City-owned property, located at 216-12th Street, N, W., Roanoke, Virginia, formerly known as Fire Station #5, bearing Official Tax No. 2212317, to Que House, Inc., for the purchase price of $10.00, with the proceeds from the sale to go towards the Economic and Community Development Reserve Fund, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated August 2, 20tO. 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. f-rjoVyj Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor 364 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2nd day of August, 2010, No. 38898-080210. A RESOLUTION authorizing acceptance of the Criminal Justice Systems Improvement Grant from 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 of Roanoke does hereby accept from the Virginia Department of Criminal Justice Services, the Criminal Justice Systems Improvement Grant in the amount of $30,913.00, with a local match required from the City in the amount of $10,305.00, for a total amount of $41,218.00, to be used to acquire twelve (12) new mobile computer terminals to be deployed in police vehicles. Such grant is more particularly described in the letter of the City Manager to Council, dated August 2, 2010, 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. 3. The City Manager is further directed to furnish such additional information I' as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~M."lb~ Stephanie M. Moon, CMC City Clerk Q)~.k~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010, No. 38899-080210. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Information Technology Improvement Grant Program, amending and reorqaining certain sections of the 2010- 2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. I I 1 I 365 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained tO,read and provide as follows: Appropriations Expendable Equipment (<$5,000.00) Furniture and Equipment Revenues Inform Tech Improve FY11 - State Inform Tech Improve FY11 - Local Match , 35-640-3597-2035 35-640-3597 -9005 $ 598.00 40,620.00 35-640-3597 -3597 35-640-3597 -3598 30,913.00 10,305.00 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: ~4-R-6~ rn. 'nJo>>w Stephanie M. Moon, CMC City Clerk SP~~""'. - David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38900-080210. A RESOLUTION accepting the local government challenge grant offered to the City by the Commonwealth of Virginia Commission for the Arts, and authorizing execution of any required documentation on behalf of the City, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept the local government challenge grant offered by the Commonwealth of Virginia Commission for the Arts in the amount of $5,000.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council dated August 2, 2010, 366 2. The City Manager and the City Clerk are hereby authorized to execute, I 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: ~ 'rYt.!"J~ Stephanie M. Moon, CMC City Clerk ~--...... David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, , The 2nd day of August, 2010, No, 38901-080210. 1 AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 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 Jefferson Center Foundation Revenues Local Challenge Grant FY11 35-410-8745-3909 35-410-8745-3944 $ 3,000.00 2,000.00 35-410-8745-8745 5,000.00 I I 1 I 331 WHEREAS, the City has designated a Recovery Zone forRZFB purposes; WHEREAS, by the adoption of Resolution No. 38686-010410, Council approved and ranked certain projects for the issuance of RZFBs to be issued in the City; and WHEREAS, by a report dated July. 6, 2010, the Director of Finance has requested that the current amount available for RZFB Bonds in the City be reallocated between two projects. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Resolution No. 38686-010410 be and it is hereby REPEALED. 2. Council hereby approves for the issuance of Recovery Zone Facility Bonds pursuant to the American Recovery and Reinvestment Act of 2009 those projects further described in the Director of Finance's report to Council dated July 6, 2010, those projects and total amount of bonds being: Boxley Residences City Market Building $12,600,000.00 $ 6,000,000.00 APPROVED ATTEST: ~h,. r-r;O~ Stephanie M. Moon, CMC City Clerk ~H_~ Davi A. Bowers - - - Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th day of July, 2010. No. 38878-070610. A RESOLUTION waiving the requirement of City residency for Adam Boitnott, a Commissioner of the City of Roanoke Redevelopment and Housing Authority. WHEREAS, the Council is advised that Adam Boitnott, who was on October 23, 2008, appointed to a term as a Commissioner of the City of Roanoke Redevelopment and Housing Authority expiring on August 31, 2012, has moved his residence from the City; and 332 WHEREAS, the Council desires to retain the valuable services of Mr. Boitnott as I a Commissioner and to waive the requirement of City residency set out in 92-281 (b), Code of the City of Roanoke (1979), as amended; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the requirement of City residency set forth in 92-281 (b), Code of the City of Roanoke (1979), as amended, is hereby waived as to Adam Boitnott, Commissioner, City of Roanoke Redevelopment and Housing Authority, with respect to his current term which expires August 31, 2012, Council having found specific reasons and unusual circumstances justifying such waiver, APPROVED ATTEST: ~ 1->,. rr;o~ Stephanie M. Moon, CMC City Clerk ~~~-~ ~ ~J' ~- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 1 The 19th day of July, 2010. No. 38879-071910. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts funding for the regional drug prosecutor's office in the total amount of $96,975.00 from the Compensation Board of the Commonwealth of Virginia through June 30,2011. 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 local share for Fiscal Year 2010-2011 shall be in the amount of I $27,900.00. I 1 I 333 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: ~hJ'hJolW Stephanie M. Moon, CMC City Clerk Q~ l ~... ...... .... ..-. ~ a i . Bowers ---- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38880-071910. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 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 Other Rental Revenues Regional Drug Prosecutor FY11-Comp Board Regional Drug Prosecutor FY11-Local Match 35-150-4502-1 002 35-150-4502-1105 35-150-4502-1120 35-150-4502-1125 35-150-4502-1126 35-150-4502-1130 35-150-4502-1131 35-150-4502-2020 35-150-4502-3075 35-150-4502-4502 35-150-4502-4503 $84,796.00 13,380.00 6,487.00 9,360.00 561 .00 237,00 24.00 1,030.00 9,000.00 96,975.00 27,900.00 334 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: ~n,.fY]OoW Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38881-071910. A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice Assistance Grant from the Virginia Department of Criminal Justice Services, and 1 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 Virginia Departmen~ of Criminal Justice Services, the Edward Byrne Memorial Justice Assistance Grant in the amount of $48,748.00, with a local match required from the City in the amount of $2,565.00, for a total amount of $51,313.00, for the term beginning July 1, 2010 through June 30, 2011, to be used for an Intensive Supervision Juvenile Probation Program. Such grant is more particularly described in the letter of the City Manager to Council dated July 19, 2010. 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. I I 1 I 335 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. ~O&Y\J Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38882-071910. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Roanoke Intensive Supervision Juvenile Probation Program, an Edward Byrne Memorial Justice Assistance Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Wages Retirement FICA Health Insurance Dental Insurance Life I nsu rance Disability Insurance Cellular Telephone Administrative Supplies Local Mileage Revenues Intensive Supervision Grant FY11 - State Intensive Supervision Grant FY11 - Local 35-630-5002-1002 35-630-5002-1105 35-630-5002-1120 35-630-5002-1125 35-630-5002-1126 35-630-5002-1130 35-630-5002-1131 35-630-5002-2021 35-630-5002-2030 35-630-5002-2046 35-630-5002-5002 35-630-5002-5003 . $36,030.00 5,686.00 2,756.00 4,560.00 296.00 295.00 101.00 600.00 439.00 550.00 48,748.00 2,565.00 336 Pursuant to the provisions of Section 12 of the City Charter, the second reading I of this ordinance by title is hereby dispens~d with. APPROVED ATTEST: ~ n,. dYJOIl'r0 Stephanie M. Moon, CMC City Clerk ~~~U-----"- ~~. .~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38883-071910. A RESOLUTION authorizing acceptance of funds awarded to the Roanoke City 1 Police Department by the United Sta~es 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 $44,000.00, with no matching funds required from the City, to be awarded to the Roanoke City Police Department to be used for vehicle fuel to operate the vehicles previously donated in August 2009, to the Roanoke City Police Department, and to purchase emergency lights, radios and officer protective equipment to be placed within the donated vehicles. This funding is more particularly described in the letter of the City Manager to Council, dated July 19, 2010, I I 1 I 337 2, The City Manager is hereby authorized to execute and file, on behalf of the City, any documents required to accept such funding, All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: ~m.hJolW Stephanie M. Moon, CMC City Clerk &>~~- -. David A. Bowers Mayor ". .> IN THE COUNCIL OF THE CITY OF ROANOKE, VLRGINIA, The 19th day of July, 2010. No. 38884-071910. 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 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Motor Fuels and Lubricants Revenues US Marshals Automotive Grant FY10 35-640-3663-2035 35-640-3663-2038 $ 20,000.00 24,000.00 35-640-3663-3663 44,000.00 338 APPROVED I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinanceby title is hereby dispensed with, ATTEST: ~m.00oN Stephanie M, Moon, CMC City Clerk S/)-~~^- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38885-071910. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of the Roanoke 1 Valley, from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 , The City of Roanoke does hereby accept the Juvenile Justice and Delinquency Prevention Title II grant made to the City from the Virginia Department of Criminal Justice Services in the amount of $74,624.00, with no local match from the City, for the term beginning July 1, 2010 through June 30, 2011, to be expended on the City of Roanoke's Project Back on Track, an evidence based treatment program designed to reduce youth substance use and youth crime, 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 19, 2010. 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, and to execute a contract with Family Service of the Roanoke Valley to implement the program. All such documents shall be approved asto form by the City Attorney. I 339 I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38886-071910. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Project Back on Track Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Project Back on Track Grant FY11 35-630-5018-2010 $74,624,00 35-630-5018-5018 74,624.00 1 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title, is hereby dispensed with. APPROVED ATTEST: ~hJ'TD)o~ Stephanie M, Moon, CMC City ,Clerk ~~~~ ~ ......... IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38887-071910. I A RESOLUTION authorizing the acceptance of two FY 2011 Urban and Community Forestry Grants to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on an Urban Forestry Plan Update and related activities and on Tree Stewards Training and projects, and authorizing the execution of the necessary documents, upon certain terms and conditions. 340 BE IT RESOLVED by the Council of the City of Roanoke that: I 1. The City of Roanoke hereby accepts the FY 2011 Urban and Community Forestry Grants in the total amount of $24,712.00 to fund a part-time Urban Forestry Planner to work with the City's Urban Forester on an Urban Forestry Plan Update and related activities and on Tree Stewards Training and projects, as more particularly set forth in the City Manager's report dated July 19, 2010, 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 documents 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 ATTEST: ~h1.YTJ~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38888-071910. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grants, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regu'lar Employee Salaries City Retirement FICA Medical Insurance 35-620-4358-1 002 35-620-4358-11 05 35-620-4358-1120 35-620-4358-1125 $9,008.00 1,421.00 690.00 1,140.00 I I 1 I Dental Insurance Life Insurance Regular Employee Salaries City Retirement FICA Medical Insurance Dental Insurance Life Insurance Revenues. Urban & Community Forestry Grant FY11 #1 Urban & Community Forestry Grant FY11 #2 35-620-4358-1126 35-620-4358-1130 35-620-4359-1 002 35-620-4359-1105 35-620-4359-1120 35-620-4359-1125 35-620-4359-1126 35-620-4359-1130 35-620-4358-4358 35-620-4359-4359 341 72.00 25.00 9,008.00 1,421.00 690.00 1,140.00 72,00 25.00 12,356.00 12,356.00 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,.n;~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No, 38889-071910. 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 $190,857.00, 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 supervised Summer Nutrition Program, all of which is more particularly described in the City Manager's letter dated July 19, 2010, to City Council. 342 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 Service, in connection with the grant. APPROVED ATTEST: ~OIJ. fr)otW Stephanie M, Moon, CMC City Clerk 9Q~-- David . owers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38890-071910. 1 AN ORDINANCE to appropriate funding from the Federal government for the Summer Food Program, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Program Activities Revenues Summer Food Program FY11 35-620-5270-2066 $ 190,857.00 35-620-5270-5270 190,857.00 I I 1 I 343 Pursuant 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'Y10M Stephanie M. Moon, CMC City Clerk ~~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38891-071910. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $59,324.00, with a local match of $59,324.00, making a total funding of $118,648.00, to be used to purchase a new Chevrolet ambulance, as more particularly described in the letter of the City Manager to Council, dated July 19, 2010. 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. ' 344 APPROVED I 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. ATTEST: ~ht'ITjO&yj Stephanie M. Moon, CMC City Clerk '"' ~...~-- ~-~.,' - --- DaVid A Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38892-071910. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain 1 sections of the 2010-2011 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 2010-2011 Grant and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fleet Management Fund Appropriations Vehicular Equipment Transfer to Grant Fund 17-440-2642-9010 17 -440-2643-9535 $(59,324.00) 59,324.00 Grant Fund Appropriations Vehicular Equipment Revenues RSAF Ambulance FY11 - State RSAF Ambulance FY11 - Fleet 35-520-3702-9010 118,648.00 35-520-3702-3702 35-520-3702-3703 59,324.00 59,324.00 I I 1 I 345 Pursuant 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.iYJ~ Stephanie M. Moon, CMC City Clerk c-\ L"1/X? __... ...~ ~ ~\.::J:l. --- - David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38893-071910. A RESOLUTION supporting and authorizing the City's participation in a regional consortium to apply for and implement a Sustainable Communities Regional Planning Grant, including the provision of in-kind services, and authorizing the City Manager and City Clerk to execute and attest, respectively, all necessary and appropriate documents in connection with such application. WHEREAS, the Sustainable Communities Regional Planning Grant Program is a program administered by the Department of Housing and Urban Development that provides competitive grants to support preparation of regional plans for sustainable development; WHEREAS, this initiative is compatible with the City's interests and goals related to sustainable development embodied in Vision 2001-2020, the City's Comprehensive Plan; and WHEREAS, a Regional Plan for Sustainable Development will improve the City's ability to advance its housing, neighborhood, environmental, cultural, economic development, infrastructure, public services, human capital, health, and urban design goals. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 346 1. That the City Council supports the City's participation in an application for I a Sustainable Communities Regional Planning Grant, as more fully set forth in the City Manager's report dated July 19, 2010, to this Council. 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 in connection with such application, such documents to be 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: ---i-t:dJ A.. -:. ) If->. OOJO~ &>;h~~~oon, CMC City Clerk Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. 1 No. 38894-071910. A RESOLUTION authorizing the issuance and sale of not to exceed forty million dollars ($40,000,000.00) principal amount of City of Roanoke, Virginia, General Obligat!on 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; authorizing the City Manager and the Director of Finance to designate the refunded 'I bonds for redemption; and,otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. I I I 347 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: 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, as amended (the same being the Public Finance Act of 1991, as amended), 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 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) 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 $44,925,000.00 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March 11, 2010 and maturing in varying amounts on October 1 in each of the years 2011 through 2029, both inclusive (the "Series 201 OA Bonds"). 348 (f) 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, the outstanding Series 2008 Bonds and the outstanding Series 2010A 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, or may enable the City to modify its existing annual debt service structure. (g) 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, the outstanding Series 2008 Bonds and the outstanding Series 2010A 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"). (h) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all or a portion of its outstanding bonds in advance of their stated maturities. (i) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Forty Million Dollars ($40,000,000.00) 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, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Forty Million Dollars ($40,000,000.00) 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"). I 1 I I I I 349 (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 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 sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000.00) may be , made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or' portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest 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, 350 (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, I 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 I 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 ~xecuted, 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"). (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 I 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 I I I 351 interest payment date, (Hi) 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. (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. 352 (f) All transfers or exchanges pursuant to this Section 5 shall be made I 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 I 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. 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 I 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. I 1 I 353 (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the'effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. The City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale to the Underwriter, on or before June 30, 2011, at a price not Jess 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, provided further that no net present value savings shall be required in connection with the sale of a series of the Bonds to be issued for the purpose of modifying the City's existing annual debt service structure. 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. (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 No~ice 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. 354 (c) If the Bonds are sold at negotiated sale, the City Manager and the I 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 and the Director 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, as amended ("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 I 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. 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. I I 1 I 355 (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 therefore. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to airect 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. It is contemplated that the Bonds may be sold contemporaneously with a series of "Recovery Zone Facility Bonds" for the Market Building Renovation Project authorized for issuance and sale under Resolution No, 38865-062110 adopted by this Council on June 21, 2010, Supplementing Section 6(e) of Resolution No. 38865-062110, this Council hereby finds and determines as follows: (i) 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 in their 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 designed as a "recovery zone", after such zones have been designated, (ii) an allocation of RZFBs under the provisions of the ARRA has been made to the City by the Commonwealth of Virginia for use in the City within a designated Recovery Zone and (iii) 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". Based on the foregoing findings and determinations, this Council hereby finds that the site occupied by the Market Building at 32 Market Square in the City 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. 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, as amended (the same being the Public Finance Act of 1991, as amended) , 356 EXHIBIT A I SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. No. R-_ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted 1 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 I 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. I 1 I 357 The principal of this Bond is payable on presentation and surrender hereof at the office of , as the Registrar and Paying Agent, in the City of , . Principal of and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. 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, as amended (the same being the Public Finance Act of 1991, as amended), 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 _, _ are subject to redemption at the option of the City prior to their stated maturities, on or after _, _, in whole or in part from time to time on any date, in such order as 'may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000,00 of such maturity to be redeemed shall be selected by lot), upon payment of 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 Principal Amount $ The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _, _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. 358 If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000,00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than 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. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same series, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange hereof. This Bond shall not be valid or obligatory unless ~he certificate of authentication hereon shall have been manually signed by the Registrar. I 1 I I 1 I 359 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 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. CITY OF ROANOKE, VIRGINIA Mayor [SEAL] Attest: City Clerk CERTIFICATE OF AUTHENTICATION This _Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. l.as Registrar By: Authorized Signator . Date of Authentication: 360 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 9n the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: ~ Ii). 1IJl)~ Stephanie M. Moon, CMC City Clerk ~~ ~~o~ers Mayor I 1 I I 1 I 361 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of July, 2010. No. 38895-071910. A RESOLUTION authorizing the School Board to renew a loan agreement with Wells Fargo Bank, National Association, for the purpose of renewing the $10,000,000.00 line of credit with Wells Fargo 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, 2011. 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 Wells Fargo Bank, National Association, entered into by the School Board pursuant to Resolution No. 38153-070708, and to extend the renewal through July 8, 2011, as more particularly described in the letter of the Director of Finance to Council, dated July 19, 2010. 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. ,A P PRO V E 0 ATTEST: ~fn.rf)a~ Stephanie M. Moon, CMC City Clerk . . ' ~~~~- \::::!.J - - -.. David A. Bowers Mayor 362 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2nd day of August, 2010. No. 38896-080210. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 530 8th Street, S. W" Roanoke, Virginia, bearing Official Tax No. 1113210, to Rebuilding Together, Roanoke, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on August 2, 2010, 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 parcel of City-owned property, located at 530 8th 1 Street, S. W., Roanoke, Virginia, bearing Official Tax No. 1113210, to Rebuilding Together, Roanoke, Inc., for the purchase price of $10.00, with the proceeds from the sale to go towards the Economic and Community Development Reserve Fund, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated August 2, 2010. 2. All documents necessary for this conveyance shall be inform 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: ~rr,. ~O~ Stephanie M, Moon, CMC City Clerk ers I I 1 I 363 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38897-080210. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 216-12th Street, N. W., Roanoke, Virginia, formerly known as Fire Station #5, bearing Official Tax No. 2212317, to Que House, Inc., upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on August 2, 2010, 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 parcel of City-owned property, located at 216-12th Street, N. W" Roanoke, Virginia, formerly known as Fire Station #5, bearing Official Tax No. 2212317, to Que House, Inc., for the purchase price of $10.00, with the proceeds from the sale to go towards the Economic and Community Development Reserve Fund, upon certain terms and conditions, and as more particularly stated in the City Manager's letter to this Council dated August 2, 2010. 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: ~ i'Y1.1YJoJMJ Stephanie M. Moon, CMC City Clerk 364 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2nd day of August, 2010. No. 38898-080210, A RESOLUTION authorizing acceptance of the Criminal Justice Systems Improvement Grant from 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 of Roanoke does hereby accept from the Virginia Department of Criminal Justice Services, the Criminal Justice Systems Improvement Grant in the amount of $30,913.00, with a local match required from the City in the amount of $10,305.00, for a total amount of $41,218.00, to be used to acquire twelve (12) new mobile computer terminals to be deployed in police vehicles. Such grant is more particularly described in the letter of the City Manager to Council, dated August 2, 2010, 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. 3, The City Manager is further directed to furnish such additional information 1 as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~hJ."lb~ Stephanie M. Moon, CMC City Clerk Q)~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38899-080210, AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Information Technology Improvement Grant Program, amending and reordaining certain sections of the 2010- 2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. I I 1 I 365 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (<$5,000.00) Furniture and Equipment Revenues Inform Tech Improve FY11 - State Inform Tech Improve FY11 - Local Match 35-640-3597 -2035 35-640-3597-9005 $ 598.00 40,620.00 35-640-3597 -3597 35-640-3597 -3598 30,913.00 10,305.00 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: ~4-R-6~:.v rn, 'nJo~ Stephanie M. Moon, CMC City Clerk st>~",,-- "- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38900-080210. A RESOLUTION accepting the local government challenge grant offered to the City by the Commonwealth of Virginia Commission for the Arts, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the local government challenge grant offered by the Commonwealth of Virginia Commission for the Arts in the amount of $5,000,00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of the City Manager to Council dated August 2, 2010. 366 2. The City Manager and the City Clerk are hereby authorized to execute, I 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: ~ Yr1.1IJ~ Stephanie M. Moon, CMC City Clerk ~--.- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38901-080210. I AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 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 Jefferson Center Foundation Revenues Local Challenge Grant FY11 35-410-8745-3909 35-410-8745-3944 $ 3,000.00 2,000.00 35-410-8745-8745 5,000.00 I I I I 367 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~:vro;. Stephanie M. Moon:r City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38902-080210. A RESOLUTION accepting funds from the Norfolk Southern Foundation to the City for signage and milepost improvements for the Roanoke River Greenway corridors and development of teacher guide materials; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to accept, use, and administer such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke hereby accepts the grant funds from the Norfolk Southern Foundation in the amount of $10,000.00, to the City for the purposes set forth above, all as more particularly set forth in the letter dated August 2, 2010, from the City Manager to this Council. 2. The City Manager is hereby authorized to execute any necessary documents, such documents to be approved as to form by the City Attorney, provide any additional information, and to take any necessary actions in order to accept, use, and administer such funds. APPROVED ATTEST: ~m. h'JowJ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor 368 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2nd day of August, 2010. No. 38903-080210. AN ORDINANCE to appropriate funding from the Norfolk Sou~hern Foundation for the development of amenities along City greenways, amending' and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Wages FICA Expendable Equipment Revenues Norfolk Southern Foundation FY11 35-620-4362-1 004 35-620-4362-1120 35-620-4362-2035 $4,180.00 320.00 5,500.00 35-620-4362-4362 10,000.00 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)'OO\D~ Stephanie M. Moon, CMd City Clerk ~~--- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38904-080210. A RESOLUTION authorizing the acceptance of a Ce.rtified Local Government Grant from the Virginia Department of Historic Resources; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, implement, and administer such grant. I I I I 369 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts from the Virginia Department of Historic Resources (DHR) a Certified Local Government Grant in the amount of $8,000.00 with the City providing an additional $3,000.00 local matching funds, such funding to be used to support the writing of the proposed Wasena National Register Historic District nomination, all of which is more particularly set forth in the letter dated August 2, 2010, from the City Manager to this Council. 2. The City Manager is authorized to execute any necessary documents, including the DHR Certified Local Government Grant Agreement, such documents to be approved as to form by the City Attorney, to furnish such additional information as may be required by the Virginia Department of Historic Resources, and to take any necessary actions in order to obtain, implement, and administer such grant. APPROVED ATTEST: ~Yv).Gr\~ Stephanie M. Moon, CMd City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38905-080210. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources Certified Local Government Grant, amending and reordaining certain seCtions of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Certified Local Government Grant FY11-State Certified Local Government Grant FY11-Local 35-610-8161-2010 $11,000.00 35-61 0-81 61 -81 61 35-61 0-81 61 -81 62 8,000.00 3,000.00 370 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~.~~.~OwJ City Clerk S)~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38906-080210. A RESOLUTION authorizing acceptance of certain funds 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 Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Emergency Management (VDEM) funds in the amount of $4,593.00 for the Haz-Mat Response FY09, and $12,211.00 for the Haz-Mat Response FY10, totaling $16,804.00, to reimburse the City of Roanoke for training and response to hazardous materials incidents, as more particularly described in the letter of the City Manager to Council, dated August 2,2010. 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. <O!I I I I I I I 371 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: ~'fY\.M()~ Stephanie M. Moon, CMC City Clerk ~..... -.. -....-....-- . David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38907-080210. 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 2010-2011 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 2010-2011 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) Revenues Haz Mat Response Reimburse - State FY09 Haz Mat Response Reimburse - State FY10 35-520-3231-2035 35-520-3232-2035 $ 4,593.00 12,211.00 35-520-3231-3271 35-520-3232-3272 4,593.00 12,211.00 t:-; 372 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.~\W Stephanie M. Moon, CMC City Clerk S)Q&~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38908-080210. AN ORDINANCE authorizing the acceptance of the dedication of a public storm drain easement, 20 feet in width and 224.71 feet in length, over that real estate located in the City of Roanoke, designated as Tax Map No. 2181501, and dispensing with the I second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the dedication of a public storm drain easement, 20 feet in width and 224.71 feet in length, over that real estate located in the City of Roanoke, designated as Tax Map No. 2181501, from the Trustees of the Emmanuel Wesleyan Church, in connection with the property owner's expansion of the Church, as more particularly described in the City Manager's letter to Council dated August 2, 2010. 2. The City Manager is hereby authorized to sign any necessary documents required to accept the dedication of the public storm drain easement. All such documents shall be upon form approved by the City Attorney. I I I I 373 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ hl. ~o..,j Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of August, 2010. No. 38909-080210. A Resolution of the City Council of the City of Roanoke, Virginia approving, among other things, the issuance of not to exceed $110,000,000.00 aggregate principal amount of Economic Development Authority of the City of Roanoke, Virginia Hospital Revenue Refunding Bonds (Carilion Clinic Obligated Group) to the extent required by Section 147 of the Internal Revenue Code of 1986, as amended. WHEREAS, the City of Roanoke, Virginia (the "City") is a political subdivision of the Commonwealth of Virginia exercising public and essential governmental functions pursuant to the Constitution and laws of the Commonwealth of Virginia; and WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Roanoke Authority") is a political subdivision of the, Commonwealth of Virginia and is authorized under Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), to issue revenue bonds for the purpose of facilitating the financing or refinancing of certain projects required or useful for health care purposes; and WHEREAS, Carilion Medical Center ("CMC") is a private, nonstock corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates Carilion Roanoke Memorial Hospital located in the City of Roanoke, Virginia; and WHEREAS, CMC also owns and operates Carilion Roanoke Community Hospital in the City of Roanoke, Virginia; and 374 WHEREAS, Carilion Franklin Memorial Hospital ("CFMH") is a private, nonstock I corporation duly incorporated and validly existing under and by virtue of the laws of the Commonwealth of Virginia, which owns and operates a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted July 21, 2010 (the "Roanoke Authority Resolution") authorized the issuance of the Economic Development Authority of the City of Roanoke, Virginia Hospital Revenue Refunding Bonds (Carilion Clinic Obligated Group) (the "Bonds") in an aggregate principal amount not to exceed $110,000,000.00 for the purpose of (I) refunding all of the Roanoke Authority's outstanding Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 2003A, Series 2003B and Series 2003C (collectively, the "Bonds To Be Refunded"), the proceeds of which were loaned to CMC and CFMH, and (II) paying certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, CMC owns and operates Carilion Roanoke Memorial Hospital, located at Jefferson Street and Belleview Avenue, S.E., Roanoke, Virginia; CMC also owns and operates Carilion Roanoke Community Hospital, located at 101 Elm Avenue, S. E., Roanoke, Virginia; and CFMH owns and operates Carilion Franklin Memorial Hospital, located at 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia; and WHEREAS, the City Council of the City of Roanoke, Virginia (the "Roanoke City Council") must first approve the issuance of the Bonds before the Roanoke Authority can proceed with the issuance of the Bonds; and I WHEREAS, the Roanoke Authority has delivered or caused to be delivered to the Roanoke City Council the following: (i) a reasonably detailed summary of the comments expressed at the public hearing held by the Roanoke Authority in connection with the issuance of the Bonds, (ii) a fiscal impact statement in the form specified in Section 15.2-4907 of the Act, and (iii) a copy of the Roanoke Authority Resolution, which constitutes the recommendation of the Roanoke Authority that the Roanoke City Council approve the issuance of the Bonds; and . WHEREAS, the Roanoke City Council has determined that it is necessary at this time to approve the issuance by the Roanoke Authority of not to exceed $110,000,000.00 aggregate principal amount of the Bonds to promote the improvement of the health and living conditions of the people of the City of Roanoke and the Commonwealth of Virginia, increase opportunities for gainful employment, improve health care and otherwise aid in improving the prosperity and welfare of said City and Commonwealth and its inhabitants by refinancing the hospital facilities of CMC and CFMH, respectively; I I I I 375 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Roanoke, Virginia: SECTION 1. The Roanoke City Council hereby approves the issuance by the Roanoke Authority of the Bonds an aggregate principal amount not to exceed $110,000,000.00 for the purpose of (i) refunding all of the Bonds To Be Refunded and (ii) paying certain expenses incurred in connection with the issuance of the Bonds. SECTION 2. The Mayor or Vice Mayor and the Clerk or any Deputy Clerk to the Roanoke City Council are hereby authorized and directed, on behalf of the City, to take any and all action necessary, including the execution of any documents, to consummate the issuance and sale of the Bonds in conformity with the provisions of this resolution. SECTION 3. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, and the Act, does not constitute an endorsement to any prospective purchaser of the Bonds or the creditworthiness of CMC or CFMH and, as required by the Act, the Bonds shall provide that neither the Commonwealth of Virginia, the City nor the Roanoke Authority shall be obligated to pay the principal of, the redemption premium, if any, or the interest on the Bonds or other costs incident thereto except from the revenues and funds pledged therefor and neither the faith or credit nor the taxing power of the Commonwealth of Virginia, the City nor the Roanoke Authority shall be pledged thereto. SECTION 4. This Resolution shall take effect immediately upon its passage. APPROVED ATTEST: ~"m.Yr[!\W Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor 376 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of August, 2010. No. 38910-081610. A RESOLUTION memorializing the late Gordon E. Peters, longtime resident of Roanoke and former City Treasurer. WHEREAS, Mr. Peters was born in Bluefield, West Virginia, and came to Roanoke with family in the late 1940s; WHEREAS, Mr. Peters was a graduate of Roanoke's Jefferson High School and attended Emory and Henry College and National Business College, studying accounting and other business subjects; WHEREAS, Mr. Peters interrupted his college experience to serve his country in . the United States Army, spending three years in administration, in Stuttgart, Germany; WHEREAS, Mr. Peters was an enthusiastic outdoorsman who enjoyed hiking, canoeing, kayaking, and other outdoor activities; WHEREAS, Mr. Peters was also a fan of all types of sports, particularly I University of Tennessee football, and was a longtime active member of the Fellowship of Christian Athletes, where he was a mentor for the organization's young people; WHEREAS, as an athlete who played softball and basketball, Mr. Peters earned the nickname 'Wabbit" for his running speed (as well as for his way of pronouncing his R's), and was affectionately known by this moniker to his sports colleagues of all . stripes; WHEREAS, Mr. Peters' love of sports inspired him to write articles for the Roanoke Times about high school football games, and to serve as a scorekeeper or clock operator - renowned for his precision-for Patrick Henry and William Fleming High School basketball games, as well as for the Virginia High School League, the NCAA, games at the Salem Civic Center, and Radford University men's home games for more than 30 years; WHEREAS, Mr. Peters was a member of First Baptist Church for some 22 years, where he served as an usher, and also helped count the proceeds; WHEREAS, Mr. Peters, who had worked as an assistant to Treasurer Johnny Johnson, ran for the office upon Johnson's retirement, and was elected to five consecutive four-year terms as Roanoke's Treasurer in 1977, 1981, 1985, 1989, and 1993; and I I I I 377 WHEREAS, Mr. Peters, who retired as Treasurer in 1997 after a career with the City of Roanoke that spanned a total of 31 years, was not only recognized as a trusted public servant who loved the City and loved his job, but is also remembered as a wise and spiritual family man who always put the needs of other people first. 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 Gordon E. Peters, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Peters' widow, Jackie Craft Peters, of Roanoke, Virginia. APPROVED ATTEST: At:~/L; v 'or). OOJO~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38911-081610. A RESOLUTION authorizing acceptance of a Victim/Witness Assistance Program grant from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia Department of Criminal Justice Services a Victim/Witness Assistance Program grant in the amount of $115,117.00 for Fiscal Year 2010-2011, such grant being more particularly described in the letter of the City Manager to Council dated August 16, 2010. 2. The local cash match for Fiscal Year 2010-2011 shall be in the amount of $29,386.00. 378 3. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. APPROVED ATTEST: ~'rY1,~~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38912-081610. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 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 Disability Insurance Telephone Administrative Supplies 35-150-4550-1 002 35-1 50-4550-11 05 35-1 50-4550-111 5 35-150-4550-1120 . 35-1 50-4550-1125 35-1 50-4550-1126 35-150-4550-1130 35-1 50-4550-1131 35-150-4550-2020 35-150-4550-2030 $ 98,285.00 9,628.00 3,355.00 7,776.00 14,364.00 909.00 806.00 276.00 800.00 3,344.00 I I I I I I 379 Dues and Memberships Training and Development Travel Postage Revenues Victim Witness FY11-State Victim Witness FY11-Local Match 35-150-4550-2042 35-150-4550-2044 35-150-4550-2144 35-150-4550-2160 75.00 1,553.00 432.00 2,900.00 115,117.00 35-1 50-4550-4550 35-150-4550-4551 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: ~rrn.~~ Stephanie M. Moon, CMC City Clerk 'J)~ar~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38913-081610. AN ORDINANCE amending and reordaining Sec. 10-26, Same--Votinq place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Precinct #008, Jefferson #2; and dispensing with the second reading by title of this ordinance. WHEREAS, the National Guard Armory, 32 Reserve Avenue, S. W., is the regular polling place for Precinct #008, Jefferson #2; WHEREAS, the polling place has been demolished and can" no longer be used as a polling site; WHEREAS, by Resolution dated May 11, 2010, the Roanoke City Electoral Board has recommended the permanent relocation of the polling place for Precinct #008, Jefferson #2 to Crystal Spring Baptist Church), 2411 Rosalind Avenue, S. W., Roanoke, Virginia, such polling place being located within such precinct as required by 924.2-310, Code of Virginia (1950), as amended; and 380 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.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Precinct #008, Jefferson #2 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. NOW, THEREFORE, 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: 910-26. Same - Voting place. The voting pboe in Jefferson Preoinct No. 2 shall be at the National Guard Armory Building 01;1 the couth side of Reserve Avenue, S. '-AI., between Jefferson Stroet and Franklin Road, S. VV. The voting place in Jefferson Precinct No.2 shall be Crystal Spring Baptist Church, 2411 Rosalind Avenue, S. W., Roanoke, Virginia. 2. The City Clerk is directed to forward attested copies of this ordinance to Lavern Grigsby, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Jefferson Precinct #2, 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: ~2::.~~ City Clerk I I I I I I 381 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38914-081610. AN ORDINANCE amending and reordaining Sec. 10-34, Same--Votinq place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Precinct #012, Williamson Road #3; and dispensing with the second reading by title of this ordinance: WHEREAS, Fire Station #2, 55 Noble Avenue, N. E., is the regular polling place for Precinct #012, Williamson Road #3; WHEREAS, the polling place no longer meets the standards required by the Americans with Disabilities Act and can no longer be used as a polling site; WHEREAS, by Resolution dated May 11, 2010, the Roanoke City Electoral Board has recommended the permanent relocation of the polling place for Precinct #012, Williamson Road #3 to Roanoke City Public Works Service Center, 1802 Courtland Avenue, N. E., Roanoke, Virginia such polling plaqe 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.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Precinct #012, Williamson Road #3 at least fifteen (15) days prior to all elections, and public notice of such change, pursuant to ~24.2-306, Code of Virginia (1950), as amended. NOW, THEREFORE, 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: ~10-34. Same - Votinq place. The voting pl:1ce in \^Jilliamson Road Precinct No.3 shall be established at Fire Station NO."2 located on the v.'ect side of Courtland Road at Noble Avenue. The, voting place in Precinct # 012, Williamson Road #3 shall be Roanoke City Public Works Service Center, 1802 Courtland Avenue, N. E., Roanoke, Virginia. 382 2. The City Clerk is directed to forward attested copies of this ordinance to Lavern Grigsby, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Precinct #012, Williamson Road #3 and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~m.mo~ Stephanie M. Moon, CMC \....; City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38915-081610. AN ORDINANCE amending and reordaining Sec. 10-48, Same--Votinq place. Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Precinct #019, Melrose Fire Station #5; and dispensing with the second reading by title of this ordinance. WHEREAS, Fire Station #5, 216 Twelfth Street, N. W., is the regular polling place for Precinct #019, Melrose; WHEREAS, the polling place has been sold by the City of Roanoke and can no longer be used as a polling site; WHEREAS, by Resolution dated May 11, 2010, the Roanoke City Electoral Board has recommended, the permanent relocation of the polling place for Precinct #019, Melrose to Saint Gerard Catholic Church, 809 Orange Avenue, N. W., Roanoke, Virginia, such polling place being located within such precinct as required by 924.2-310, Code of Virginia (1950), as amended; and I I I I I I 383 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.D., Code of Virginia (1950), as amended, and the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Precinct #019, Williamson Road 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. NOW, THEREFORE, 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: 910-48. Same - Votina place. The 'loting plaoe in Melro~e. Prooinot chall be ectabliched at the No. 5 Firo Station looated on the ea~t dde of Twelfth Stroet, N. \^I., between Centro Avenue, N. \^I., and Loudon Avenue, N. W. The voting place in Melrose Precinct #019 shall be Saint Gerard Catholic Church, 809 Orange Avenue, N. W., Roanoke, Virginia. 2. The City Clerk is directed to forward attested copies of this ordinance to Lavern Grigsby, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Precinct #019, Williamson Road, 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: ~ YY).YYlOtMJ Stephanie M. Moon, CMC- City Clerk S)~ David A. Bowers Mayor 384 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day" of August, 2010. No. 38916-081610. A RESOLUTION authorizing the acceptance of an Employee Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS) for the purpose of maintaining and improving existing services to eligible TANF recipients; authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies 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 Employee Advancement for Temporary Assistance to Needy Families (T ANF) Participants grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible T ANF recipients, in the amount of $300,000.00, for the period commencing October 1, 2010, until June 30, 2011, as set forth in the City Manager's letter to Council dated August 16, 2010, is hereby ACCEPTED. 2. The City of Roanoke is 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 in connection with the City's acceptance of the grant funds. All such documents shall be approved as to form by the City Attorney. APPROVED ATTEST: ~- '^^ " A~Qr\.~o~ Stephanie M. Moon, CMC ( City Clerk I I I I I I 385 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38917-081610. 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 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues 35-630-8862-2010 $300,000.00 SWVA Regional Employment Coalition FY11 35-630-8862-8862 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: ~~~~~ City Clerk ~~- David . Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38918-081610. A RESOLUTION authorizing the acceptance of an Access to Local Arts Grant from the National Endowment for the Arts; authorizing the City Manager to execute any forms required by the NEA in order to accept these funds, provide any additional information, execute such other documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer such grant. 386 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts from the National Endowment for the Arts (NEA) an Access to Local Arts Grant in the amount of $10,000.00, with the City providing an additional $10,000.00 in local matching funds, such funding to be used to support the City's Public Art Plan, Art for Everyone, that was adopted by City Council in 2006, all of which is more particularly set forth in the letter dated August 16, 2010, from the City Manager to this Council. 2. The City Manager is authorized to execute any forms required by the NEA in order to accept these funds, such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to provide any additional information, execute such other documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer such grant. APPROVED I ATTEST: ~ Yv\':.:luo.-J Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38919-081610. AN ORDINANCE to appropriate funding from the Federal Government National Endowment for the Arts Grant, amending and reordaining certain sections of the 2010- 2011 Capital Projects and 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 2010-2011 Capital Projects and Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I I I I I I Capital Proiects Fund Appropriations Percent for the Arts Transfer to Grant Fund , Grant Fund Appropriations Professional Services Administrative Supplies Expendable Equipment (<$5,000) Revenues N EA Access to Local Art FY 11 Grant NEA Access to Local Art FY11 Grant-Local Match 387 08-61 0-9929-9132 08-530-9712-9535 $(9,450.00) 9,450.00 35-310-8141-2010 35-310-8141-2030 35-310-8141-2035 18,000.00 450.00 1,000.00 35-31 0-8141 -8141 10,000.00 9,450.00 35-31 0-8141-8142 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~0Yl.~~ Stephanie M. Moon, CMC City Clerk ~Q~- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38920-081610. AN ORDINANCE authorizing acceptance of a dedication to the City of Roanoke of a parcel of land, known as a lot on Hartsook Boulevard, containing approximately 2.883 acres, identified as Roanoke Tax Map No. 4480103; expressing appreciation to Richard H. Kepley and Gail G. Kepley for the donation of the land; and dispensing with the second reading of this ordinance by title. 388 WHEREAS, the City of Roanoke is desirous of acquiring certain property to allow for the extension of the Mill Mountain Park's southeastern boundary, and Richard H. Kepley and Gail G. Kepley have offered to dedicate to the City certain property at that location, as a gift to the City of Roanoke. I BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the dedication of a parcel of land located in the City of Roanoke, known as a lot on Hartsook Boulevard, S. E., Roanoke, Virginia, containing approximately 2.883 acres, identified as Roanoke Tax Map No. 4480103, by deed of dedication, as more particularly stated in the City Manager's letter to this Council dated August 16, 2010. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, any necessary documents providing for the dedication of the parcel of land from Richard H. Kepley and Gail G. Kepley to the City of Roanoke. All such documents shall be upon form approved by the City Attorney. 3. This Council expresses its appreciation to Richard H. Kepley and Gail G. Kepley for their generous donation of this property. 4. The City Clerk is directed to send an attested copy of this ordinance to I Richard H. Kepley and Gail G. Kepley. 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: ~ ~ .04\~ Stephanie M. Moon, CMC C'- City Clerk <Q~--... David A. Bowers Mayor I I I I 389 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38921-081610. AN ORDINANCE amending and reordaining subsection (d)(6) of Section 11.4-3, Applicabilitv, of Chapter 11.4, Stormwater Manaaement, 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 11.4-3, Applicabilitv, of Chapter 11.4, Stormwater Manaaement, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending subsection (d)(6) to read and provide as follows: Sec. 11.4-3. Applicability. * * * (d) The following activities are exempt from these stormwater performance requirements: * * * (6) Linear development projects:, pro'y'ided that: i. Less than five thousand (5,000) square feet of land will be disturbed per outfall; ii. The resulting increase in the peak flov.' discharge from a ten year storm event is lese than one half (0.5) cubic feet per second; and iii. There are no existing or anticipated flooding or crocion problems do'::netream of the discharge point as determined by the administrator; (i) provided that where less than 5,000 square feet of land will be disturbed per outfall, (a) the resulting increase in the peak flow discharge from a 10 year storm event does not exceed 0.5 cubic feet per second or five (5) percent of the existing flow, whichever is greater, and (b) there are no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the Administrator; and 390 (ii) provided that where land disturbance per outfall is at least 5,000 square feet but less than 1 acre, (a) the resulting increase in the peak flow discharge from a 10 year storm event does not exceed 0.5 cubic feet per second or five (5) percent of the existing flow, whichever is greater, and (b) interceptor trees are installed in accordance with the Stormwater Management Design Manual, and (c) there are no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the Administrator; * * * 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: ~~.~00v0 Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38922-081610. A RESOLUTION authorizing the City Manager to enter into the 2010-2011 Community Development Block Grant ("CDBG") subgrant Agreement with Total Action Against Poverty in Roanoke Valley ("TAP"), upon certain terms and conditions. I I I I I I 391 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 2010-2011 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 report dated August 16, 2010, to this Council. APPROVED ATTEST: ~""rY)''h1bo.-J Stephanie M. Moon, CM~ City Clerk ~.............. ~~ ---- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38923-081610. AN ORDINANCE authorizing the City Manager to execute Amendment NO.2 to the purchase and sales contract dated March 4, 2010, as amended by Amendment No.1, dated June 21, 2010, by and between the City of Roanoke, Virginia, and 220 Church, LLC, to extend the closing date for the purchase of City-owned property located at 220 Church Avenue, by 220 Church, LLC, until no later than December 31,2010, and requiring 220 Church, LLC, to provide the City written progress reports each month; and dispensing with the second reading by title of this ordinance. WHEREAS, the City and 220 Church, LLC, entered into a purchase and sales contract dated March 4, 2010, for the sale of City-owned property located at 220 Church Avenue, S.W., Roanoke, Virginia, commonly known as the Commonwealth Building, as authorized by Ordinance No. 38737-030110, which contract provided that closing of the property would occur no later than one hundred twenty (120) days after the date of the contract; WHEREAS, by Amendment No.1, dated June 21, 2010, to the aforementioned sales contract, as authorized by this Council by Ordinance No. 38855-062110, closing of the property was extended an additional sixty (60) days to occur no later than one hundred eighty (180) days after the date of the contract; and 392 WHEREAS, 220 Church, LLC, has requested that the closing date be further extended to facilitate completion of lease development with the Federal General Services Administration, which intends to continue occupying the Commonwealth Building as a tenant, until no later than December 31, 2010. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . The City Manager is hereby authorized to execute Amendment No. 2 to the purchase and sales contract between the City of Roanoke and 220 Church, LLC, dated March 4, 2010, as amended by Amendment No.1, dated June, 21, 2010, to extend the closing date for the purchase of City-owned property located at 220 Church Avenue, designated as Tax Map No. 1012103, by 220 Church, LLC, an additional period of time until no later than December 31, 2010, so as to facilitate completion of lease development by 220 Church, LLC, with the Federal General Services Administration and to require 220 Church, LLC, to provide to the City written progress reports on such lease development, and as more fully described in the City Manager's letter dated August 16, 2010, to this Council. All documents shall be upon form approved by the City Attorney. 2. 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: ~~~::1~ City Clerk 0- Da d Mayor I I I I I I 393 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38924-081610. AN ORDINANCE approving an Amendment No. 2 to a certain Contract for Purchase and Sale of Real Property dated April 27, 2009, as amended by Amendment No. 1 dated April 22, 2010, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.2; 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 such Amendment No.2; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Buyer entered into a Contract dated April 27, 2009, for the Purchase and Sale of Real Property (Contract), being the City-owned former YMCA facility located at 425 Church Avenue, S. W., Roanoke, Virginia 24016 (Tax Map Numbers 1011206, 1011209, and 1011210), as authorized by Ordinance No. 38429- 042009 ; WHEREAS, the Seller and Buyer entered" into an Amendment No. 1 to Contract for Purchase and Sale of Real Property dated April 22, 2010, which amended, changed, or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase of the Property referred to in the Contract, as authorized by Ordinance No. 38782-041910; WHEREAS, the Buyer has requested a further modification of the closing date to extend the time for closing from August 31, 2010, to and including December 31, 2010, and Buyer has further agreed to provide regular progress report updates to the Seller, all as more fully described in a letter dated August 16, 2010, from the City Manager to this Council and as set forth in the proposed Amendment No. 2 attached to such letter; and WHEREAS, City staff recommends that City Council approve the requested Amendment No. 2 and authorize the proper City officials to execute such Amendment No.2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 394 1 . City Council hereby approves the requested amendments, changes, or. modifications to certain terms and provisions of the Contract dated April 27, 2009, and Amendment No.1 dated April 22, 2010, between the City and the Buyer, as those items are more fully described in the above mentioned City Manager's letter dated August 16, 2010, to this Council and as set forth in the proposed Amendment No.2 attached to such letter. I 2. The City Manager is authorized on behalf of the City to execute an Amendment No. 2 to the Contract dated April 27, 2009, as amended, providing for amendments, changes, or modifications to the terms and provisions of such Contract, as amended, all as more fully set forth in the above mentioned City Manager's letter to this Council, upon certain terms and conditions as set forth in such letter and the attached Amendment NO.2 to that letter. Such Amendment NO.2 may also contain any other terms and conditions as the City Manager may deem to be in the best interest of the City and shall be in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No.2 to the Contract, and of the Contract itself and Amendment No. 1 to it. 4. Pursuant to the provisions of Section 12 of the City Charter, the second I reading by title of this Ordinance is hereby dispensed with. APPROVED ATTEST: ~'fr\.~e>>J Stephanie M. Moon, CMC City Clerk I I I I 395 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38925-081610. AN ORDINANCE authorizing the City Manager's issuance and execution of additional Change Orders to the City's Contract with Total Environmental Concepts, Inc. (TEC) for additional work on the former Virginia Scrap Iron and Metal Company Property Soil Remediation Project; 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 Change Orders to the above mentioned Contract, as well as the Contract itself; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . The City Manager is hereby authorized to issue and execute such additional Change Orders, approved as to form by the City Attorney, to the City's Contract with TEC for additional work that may be needed on the former Virginia Scrap Iron and Metal Company Property Soil Remediation Project, up to an additional amount not to exceed $75,000.00, all as more fully set forth in the City Manager's letter dated August 16, 2010, to this Council. 2. 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 Change Orders mentioned above, as well as the Contract itself. 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.Y>lb~ Stephanie M. Moon, CMb City Clerk 0'~ Davia A. Bowers Mayor 396 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38926-081610. AN ORDINANCE to transfer funding from Transfer to Schools to Police Patrol Temporary Employee Wages, amending and reordaining certain sections of the 2010- 2011 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 2010-2011 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Transfer to School Fund Police Patrol Temporary Employee Wages Police Patrol FICA 01-250-9310-9530 01-640-3113-1004 ($135,000.00) 125,400.00 01-640-3113-1120 9,600.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~~~~ City Clerk QD' aVI Mayor I I I I I I 397 IN THE COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA, The 16th day of August, _2010. No. 38927-081610. AN ORDINANCE authorizing the proper City officials to execute a Budget Amendment No. 3 to Amended and Supplemented South Jefferson Cooperation Agreement 2 (Budget Amendment No.3) between the City of Roanoke (City) and The City of Roanoke Redevelopment and Housing Authority (RRHA); approving an amended budget for such Budget Amendment No.3; authorizing the City Manager to take such actions and execute further documents as may be needed to implement and administer such Budget Amendment No.3; and dispensing with the second reading by title of this Ordinance. WHEREAS, by Resolution No. 35248-031901, City Council approved a Redevelopment Plan for the South Jefferson Redevelopment Area (Redevelopment Plan); WHEREAS, the City and RRHA entered into a South Jefferson Cooperation Agreement 2 dated March 19, 2001, authorized by Ordinance No. 35250-031901 (SJC Agreement 2) to provide for RRHA to implement the Redevelopment Plan, and RRHA has proceeded with such implementation; WHEREAS, the City and RRHA entered in to an amendment to the SJC Agreement 2 by an Amended and Supplemented South Jefferson Cooperation Agreement 2 dated March 19, 2004, authorized by Ordinance No. 36645-031504 (Amended Agreement), which extended the term of the original SJC Agreement 2 and the Amended Agreement to March 19, 2009. , Such Amended Agreement further provided for an Amended Budget dated March 11, 2004, in order to provide additional funds to RRHA so RRHA could acquire certain additional property pursuant to the Redevelopment Plan; WHEREAS, the City and RRHA entered into Budget Amendment No.1, dated March 8, 2001, to Amended and Supplemented South Jefferson Cooperation Agreement 2, authorized by Ordinance No. 37662-020507 (Budget Amendment No.1) in order to provide funds to RRHA for the acquisition, relocation, and demolition of certain property in Area 1 of the South Jefferson Redevelopment Area; WHEREAS, the City and RRHA entered into Budget Amendment No.2, dated June 17, 2008, to Amended and Supplemented South Jefferson Cooperation Agreement 2, authorized by Ordinance No. 38113-060208 (Budget Amendment No.2) providihg additional funds to RRHA in order for RRHA to accomplish the goals and objectives of the Redevelopment Plan referred to in the SJC Agreement 2 and the Amended Agreement; 398 WHEREAS, the City and the RRHA entered into a 2009 Extension Amendment, dated March 6, 2009, to Amended and Supplemented South Jefferson Cooperation Agreement 2, authorized by Ordinance No. 38378-030209 (2009 Extension Amendment) which extended the term of the SJC Agreement 2 and the Amended Agreement for a period of five years, from March 19, 2009, to and including March 18, 2014; I WHEREAS, in the process of implementing the Redevelopment Plan, the RRHA became involved in condemnation proceedings involving the property of William and Meona Stegall, Tax Map No. 4030212 (Stegall Property). Mediation during the condemnation proceedings resulted in the RRHA and Mr. and Mrs. Stegall reaching an agreement for the RRHA to dismiss the condemnation suit. Once RRHA obtains a court order of dismissal, the RRHA will undertake to acquire the Stegall property in a voluntary transaction; WHEREAS, the RRHA's planned dismissal of the condemnation suit and the anticipated voluntary acquisition of the Stegall Property has proceeded to a point where additional funds need to be provided to the RRHA in order for the RRHA to continue its activities within the South Jefferson Redevelopment Area, including this anticipated property acquisition, as well as related activities such as environmental testing, tenant relocation, demolition, and other related costs, including administrative support fees I and costs; and WHEREAS, the funding necessary to accomplish the above items is estimated at $2,572,000.00, all as set forth in the City Manager's letter dated August 16, 2010, to this ." Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the Fourth Amended Budget for the Budget Amendment NO.3 as such budget is set forth and attached to the above mentioned City Manager's letter. 2. The City Manager is hereby authorized on behalf of the City to execute a Budget Amendment No. 3 to the Amended and Supplemented South Jefferson Cooperation Agreement 2 that will provide for a Fourth Amended Budget, together with such other terms and conditions as set forth in the above mentioned City Manager's letter and as may be deemed appropriate by the City Manager. Such Budget Amendment NO.3 is to be in a form substantially similar to the one attached to the above mentioned letter and be in a form approved by the City Attorney. I I I I 399 3. The City Manager is further authorized to take further actions and execute further documents as may be needed to implement and administer such Budget Amendment No.3 and the Fourth Amended Budget. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. APPROVED ATTEST: ~~,~",j Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38928-081610. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve and funds received from sale of property for the South Jefferson Redevelopment 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. 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 General Revenue- Acquisition Appropriated from General Revenue- Demolition Appropriated from General Revenue- Relocation Expenses Appropriated from General Revenue-Environmental Testing Revenues South Jefferson 08-530-9633-9111 $2,236,689.00 08-530-9633-9112 269,447.00 08-530-9633-9114 45,864.00 08-530-9633-9127 20,000.00 08-530-9633-1 866 105,221.00 400 Fund Balance Economic and Community Development Reserve-Unappropriated I 08-3365 (2,466,779.00) 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: ~4kL;vM.~uo.J Stephanie M. Moon, CMC City Clerk ~""~..a......._ ~~c____ _~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38929-081610. AN ORDINANCE to appropriate funding from the Commonwealth govemment I various educational programs, amending and reordainingcertain sections of the 2010- 2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Capital Technology Equipment GED Examiner Social Security GED Testing Materials Office Supplies Testing Fees Supplemental Pay Social Security GED Teacher GED Counselor Clerical Social Security Outreach/Advertising 302-170-3000-1160-306E-681 00-48210-3-03 302-160-0000-1305-354E-61100-41121-9-07 302-160-0000-1305-354E-611 00-42201-9-07 302-160-0000-1305-354E-61100-45584-9-07 302-160-0000-1305-354E-61100-46614-9-07 302-170-3000-1160-315E-61100-45584-9-00 302-11 0-0000-1304-309E-611 00-41129-3-01 302-11 0-0000-1304-309E-611 00-42201-3-01 302-160-0000-1305-355E-61100-41121-9-07 302-160-0000-1305-355E-61100-41123-9-07 302-160-0000-1305-355E-61100-41151-9-07 302-160-0000-1305-355E-61100-42201-9-07 302-160-0000-1305-355E-61100-43361-9-07 $12,303.00 7,200.00 551 .00 2,099.00 150.00 7,405.00 24,635.00 1,885.00 20,250.00 4,000.00 5,000.00 2,237.00 8,000.00 I I I I GED Testing Fees Testing Materials Mileage Software/Online Content Contracted Services Revenues State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts State Grant Receipts 401 302-160-0000-1305-355E-61100-43313-9-07 302-160-0000-1305-355E-61100-45584-9-07 302-160-0000-1305-355E-61100-45551-9-07 302-160-0000-1305-355E-61100-46640-9-07 302-232-0000-1 000-363E-62220-43313-2-0 1 3,510.00 2,000.00 350.00 3,952.00 990.00 302-000-0000-0000-306E-OOOOO-32252-0-00 302-000-0000-0000-354E-00000-32460-0-00 302-000-0000-0000-315E-0000Q-32349-0-00 302-000-0000-0000-309E-00000-32418-0-00 302-000-0000-0000-355E-00000-32298-0-00 302-000-0000-0000-363E-00000-32712-0-00 12,303.00 10,000.00 7,405.00 26,520.00 49,299.00 990.00 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 16th day of August, 2010. No. 38930-081610. 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 2010 Annual Conference scheduled for October 3-5, 2010, in Hampton, Virginia, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable AnitaJ. Price is hereby designated Voting Delegate, and The Honorable Court G. Rosen is hereby designated Alternate Voting Delegate. 402 2. For any meetings of the Urban Section of the Virginia Municipal League to I be held in conjunction with the League's 2010 Annual Conference, R. Brian Townsend 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: ~~~~ City Clerk (;\ ~ (PO ~~k.. ~ ~~~wers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38931-081610. I AN ORDINANCE exempting from real estate property taxation certain property of Family Service of Roanoke Valley, 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 readin..Q by title of this ordinance. WHEREAS, Family Service of Roanoke Valley, (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 August 16, 2010; 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; I I I I 403 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. 10.11301 and 1011303, commonly known as 360 and 366 Campbell Avenue (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, as well as a service district charge, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: .. 1. Council classifies and designates Family Service of Roanoke Valley, 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. 1011301 and 1011303, commonly known as 360 and 366 Campbell Avenue, and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy, as well as a service district charge, which would be applicable to the 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, 2011, 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 John F. Pendarvis, CEO and President, and the authorized agent of Family Service of Roanoke Valley. 404 5. Pursuant to Section 12 of the City Charter, the second reading of this I ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~;:I~ City Clerk ~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38932-081610. 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, ~ubject to a certain I condition proffered by the petitioner; and dispensing with the second reading of this ordinance by title. WHEREAS, Peters Creek Square Development Group has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1717 Peters Creek Road, N.W., Official Tax No. 6380205, rezoned from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site 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 August 16, 2010, 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 I I I I 405 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. 6380205 located at 1717 Peters Creek Road, N.W., be, and is hereby rezoned from CG, General Commercial District, and R7, Residential Single Family District, to CLS, Commercial Large Site District, subject to the condition that the property be developed in substantial conformity with a development plan prepared by ACS Design, dated July 14, 2010. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~',~~ City Clerk A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38933-081610. AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan, by deleting the Melrose-Rugby Neighborhood Plan adopted June 18, 2001, and replacing it with the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July 15, 2010; and dispensing with the second reading by title of this ordinance. 406 WHEREAS,' on June 18, 2001, City Council amended Vision 2001-2020, the I City's Comprehensive Plan, by adopting the Melrose-Rugby Neighborhood Plan by Resolution No. 35434-061801; WHEREAS, a Melrose-Rugby Neighborhood Plan dated July 15, 2010, was presented to the Planning Commission on July 15, 2010; WHEREAS, the Planning Commission held a public hearing on July 15, 2010, and recommended amending Vision 2001-2020, the City's Comprehensive Plan, by deleting the Melrose-Rugby Neighborhood Plan adopted on June 18, 2001, and replacing it with the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July 15, 2010; 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 August 16, 2010, on the proposed amendment to Vision 2001-2020, the City's Comprehensive 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 Melrose-Rugby Neighborhood Plan, adopted by City Council on June 18, 2001, by Resolution No. 35434-061801, is deleted from Vision 2001-2020, the City's Comprehensive Plan. I 2. That this Council hereby approves the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July 15, 2010, and amends Vision 2001-2020, the City's Comprehensive Plan, to include the Melrose-Rugby Neighborhood Plan dated July 15, 2010, as amended at the public hearing on July 15, 2010, as an element thereof. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. I I I I 407 4. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ ~ \1j:h'\~ Stephanie M. Moon, CMC ~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38934-081610. AN ORDINANCE amending Vision 2001-2020, the City's Comprehensive Plan, by amending the Loudon-Melrose/Shenandoah West Neighborhood Plan to include the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010; and dispensing with the second reading by title of this ordinance. WHEREAS, on December 16, 2002, City Council amended Vision 2001-2020, the City's Comprehensive Plan, by adopting the Loudon-Melrose/Shenandoah West Neighborhood Plan by Ordinance No. 36182-121602; WHEREAS, a Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, was presented to the Planning Commission on July 15, 2010; WHEREAS, the Planning Commission held a public hearing on July 15, 2010, and recommended amending Vision 2001-2020, the City's Comprehensive Plan, by amending the Loudon-Melrose/Shenandoah West Neighborhood Plan by adopting the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010; 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 August 16, 2010, on the proposed amendment to Vision 2001-2020, the City's Comprehensive Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 408 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as I follows: 1. That the Loudon-Melrose/Shenandoah West Neighborhood Plan, adopted by City Council on December 16, 2002, by Ordinance No. 36182-121602, is amended to include the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010, and City Council hereby approves such Loudon-Melrose/Shenandoah West Neighborhood Plan, as amended. 2. That this Council hereby amends Vision 2001-2020, the City's Comprehensive Plan, to include the Loudon-Melrose/Shenandoah West Neighborhood Plan, as amended by the Loudon-Melrose/Shenandoah West Neighborhood Plan Update dated July 15, 2010, as amended at the public hearing on July 15, 2010, as an element thereof. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 4. Pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~'rrl.~uw Stephanie M. Moon, CMC " City Clerk. ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of August, 2010. No. 38935-081610. 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. I I I I I 409 WHEREAS, Innovative Educational Partners, LLC ("Applicant"), 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 a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 9 30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the Applicant's Amended Application No.1, dated July 14, 2010, has made its recommendation to Council; WHEREAS, following the Planning Commission's hearing, the Applicant submitted an Amended Application No.2, dated July 23, 2010; WHEREAS, a public hearing was held on such applications by City Council on August 16, 2010, after due and timely notice thereof as required by 9 30-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such applications; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: That portion of 3rd Street, S. E., which is between Norfolk Avenue, S. E., and Campbell Avenue, S. E. be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, and subject to the conditions set forth below, 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, telephonelines, 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, 410 without the payment of compensation or damages of any kind to the owner, any I landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of- way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that closure of the subject right-of-way shall be subject to the following conditions: 1. Applicant shall complete the infrastructure improvements along Campbell Avenue, S. E., and Norfolk Avenue, S. E., and a 5 foot-wide concrete public sidewalk, as shown on the 3rd Street Masterplan dated June 3, 2010, as revised July 22, 2010, attached as Exhibit A to Amended Application No.2 dated July 23, 2010; 2. The proposed 5 foot-wide concrete public sidewalk illustrated along the western boundary of the site in Exhibit A to Amended Application NO.2 dated July 23, 2010, shall be located within a public access easement and maintained by the Applicant, and its successors in interest, such public access easement to allow pedestrian use and use by persons on bicycles; and 3. Applicant shall relocate, or cause to be relocated, all the existing overhead utility lines traversing the subject right-of-way sought to be vacated to a location that is I underground. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. I I I I 411 BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year 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 S 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~.~avJ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38936-090710. A RESOLUTION memorializing the late John P. Fishwick. WHEREAS, the members of Council learned with sorrow of the passing of John P. Fishwick on Monday, August 9, 2010; WHEREAS, Mr. Fishwick, a progressive business leader, was a graduate of Roanoke College and Harvard University where he obtained his law degree and he was admitted to the Virginia bar in 1937; WHEREAS, Mr. Fishwick served his country in the U.S. Navy as a Lieutenant Commander from 1942 to 1945, after which he joined the Norfolk and Western Railway Company as an Assistant to the General Solicitor and served in various capacities with railroad until he became President and Executive Officer in 1970 of the Norfolk and Western Railway and served as its Chairman and Chief Executive Officer until his retirement in 1981; WHEREAS, Mr. Fishwick led Roanoke based Norfolk and Western Railway into its merger with the Southern Railway resulting in the Norfolk Southern Corporation; and WHEREAS, Mr. Fishwick served on numerous boards and committees including Director of the Roanoke Chamber of Commerce, Director of the Roanoke Symphony Society, Director of the Fine Arts Society, Governing Board, Center in the Square of which he was a founding member, and Virginia Foundation for the Humanities. 412 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 John P. Fishwick and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Fishwick's widow, Doreen H. Fishwick, of Roanoke, Virginia. APPROVED ATTEST: ~)Y)'::JO~ Stephanie M. Moon, CMC City Clerk g~ DaVi--=' owers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38937-090710. 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 Vehicle Traffic Safety Grant in the amount of $46,992.00, for a period beginning October 1, 2010, through September 30, 2011, to be designated for overtime and related employer payroll taxes associated with conducting selective enforcement activities. The grant, which requires a $9,399.00 in-kind match by the City, is more particularly described in the report of the City Manager to Council, dated September 7, 2010. 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 I I I I I 413 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: W~ 'rr1. ~lPY0 Stephanie M. Moon, CM6 City Clerk 9~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38938-090710. 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 and Motor Vehicle Occupant Protection), amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Expendable Equipment (under $5,000) Training and Development Revenues DMV Multi-purpose Grant FY11 35-640-3444-1003 35-640-3444-1120 35-640-3444-2035 35-640-3444-2044 $ 32,271 .00 2,469.00 10,888.00 1,364.00 46,992.00 35-640-3444-3444 414 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: 6~~~~~ City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38939-090710. A RESOLUTION authorizing acceptance of the AmeriCorps Grant from the Commonwealth of Virginia, Department of Social Services, Division of Community & Volunteer Services, and authorizing execution of any required documentation on behalf I of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke hereby accepts from the Commonwealth of Virginia, Department of Social Services, Division of Community & Volunteer Services, the AmeriCorps Grant in the amount of $65,051.00 with a local match required from the City in the amount of $4,361.00, for a total amount of $69,412.00, for a period beginning August 16, 2010, through August 15, 2011, to be used by the Library to hire 13 AmeriCorp members for up to one year to expand current services and to provide computer literacy classes and individual computer assistance to children, teens and adults, as more particularly described in the report of the City Manager to Council, dated September 7,2010. 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. I I I I 415 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 APPROVED ATTEST: ~~ hI'~DoW Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38940-090710. AN ORDINANCE to appropriate funding from the Federal AmeriCorps program through ,the Virginia Department of Social Services to provide part-time personnel for various library services, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Wages FICA Workers Compensation-Other Administrative Supplies Training and Development Wearing Apparel Revenues AmeriCorps Grant FY11 AmeriCorps Grant FY11-Local 35-650-8305-1 004 35-650-8305-1120 35-650-8305-1141 35-650-8305-2030 35-650-8305-2044 35-650-8305-2064 $ 57,000.00 4,361.00 650.00 3,251.00 3,695.00 455.00 35-650-8305-8305 35-650-8305-8306 65,051.00 4,361.00 416 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: ~^'rr).~ Stephanie M. Moon, CMC City Clerk ~Q.f-.'- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38941-090710. A RESOLUTION accepting a donation of funds from Pathfinders for Greenways, Inc., to the City to fund construction of the remainder of a trail connection; authorizing the City Manager to take any necessary actions pertaining to such donation; and I expressing the City's appreciation for such donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the donation of $20,000.00 from Pathfinders for Greenways, Inc., to the City, all as more particularly set forth in the City Manager's report dated September7, 2010, to this Council. 2. The City Manager is 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 Qity of Roanoke to Pathfinders for Greenways, Inc., for its generous donation to the City to fund the remainder of the trail connection for the Roanoke River Greenway Trail Extension to Vic Thomas Park. I I I I 417 4. The City Clerk is directed to transmit a copy of this Resolution to Tim Cribbs of Pathfinders for Greenways, Inc., expressing the City's appreciation for its donation. APPROVED ATTEST: J4/I ~ "rr) . m rM Stephanie M. Moon, CM~ City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38942-090710. AN ORDINANCE to appropriate funding from the Pathfinders for Greenways, Inc. for the development of a section of the Roanoke River Greenway in Vic Thomas Park, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplies-Greenways Revenues Pathfinders for Greenways FY11 35-620-4363-3036 $ 20,000.00 35-620-4363-4363 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: ~~~~;J City Clerk ~~ David A. Bowers Mayor 418 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38943-090810. A RESOLUTION accepting a donation of funds from Cityscape LLC to the City to assist in the nomination of the Wasena neighborhood for inclusion on the Virginia Landmark Register and the National Register of Historic Places; authorizing the City Manager to take any necessary actions pertaining to such donation; and expressing the City's appreciation for such donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the donation of $15,000.00 from Cityscape LLC to the City, all as more particularly set forth in the City Manager's report dated September 7, 2010, to this Council. 2. The City Manager is authorized to execute any Jlecessary 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 Cityscape LLC for its generous donation to the City to assist with the reconnaissance survey and inventory in connection with the nomination of the Wasena neighborhood for inclusion on the Virginia Landmark Register and the National Register of Historic Places. 4. The City Clerk is directed to transmit a copy of this Resolution to George Stanley of Cityscape LLC, expressing the City's appreciation for its donation. APPROVED ATTEST: ~~ "01. 1I)Do-.-J Stephanie M. Moon, CMC City Clerk gQffl~ David A. Bowers ~ayor I I I I I I 419 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38944-090710. AN ORDINANCE to appropriate funding from Cityscape LLC for the survey and inventory of the Wasena neighborhood, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Cityscape FY11 35-610-8163-2010 $15,000.00 35-61 0-8163-8163 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~m.Y'oJ~ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38945-090710. AN ORDINANCE amending and reordaining Section 14.1-15, General container requirements, 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. 420 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 14.1. Solid Waste Manaaement, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1-15. General container requirements. * * * (e) Except in the central business district, each dwelling unit receiving automated collection service shall receive one (1) automated collection container at no charge. The owner of a dwelling unit receiving automated collection service shall be responsible for the loss of the owner's automated collection container or the damage of the same due to the owner's negligence. Any such dwelling unit may be provided a second automated collection container, upon request by the owner of such unit, at a cost as set by city council in the fee compendium. In no case, except as provided in section 14.1-15(h), shall any dwelling unit receive more than two (2) automated collection containers. However in ffi the case of more than one multiple dwelling units, located on identified by a single tax map number, no more than four (4) automated collection containers shall be allowed at such location. * * * (h) Except in the central business district or for the collection of recyclables, the city will not provide solid waste collection services for more than four (4) automated collection containers on at any residential lot identified by a single tax map number multiple d'.velling unit residential looation or for more than three (3) automated collection containers at any nonresidential use on any lot identified by a single tax map number location, unless the city manager determines that commercial bulk container collection is impractical because of inaccessibility to collection vehicles or space limitations of the premises involved. In such circumstances, additional automated collection containers may be provided and serviced by the city as authorized by the city manager. (i) Under no circumstances shall a location receiving commercial bulk container service receive automated collection container service. ' I I I I I I 421 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: ~~~~b~ City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of September, 2010. No. 38946-090710. A RESOLUTION paying tribute to the Blue Ridge Parkway upon its 75th Anniversary. WHEREAS, constructiop of the Blue Ridge Parkway commenced September 11, 1935, at Cumberland Knob near the Virginia-North Carolina line; WHEREAS, this collaborative project brought together the talents and resources of the National Park Service, the federal Bureau of Public Roads (later known as the Federal Highway Administration), and the state highway departments of Virginia and North Carolina, as well as New Deal agencies such as the Public Works Administration, Works Progress Administration, and Civilian Conservation Corps; WHEREAS, at a time when the country was in the midst of the Great Depression, this link between Shenandoah National Park and Great Smokey Mountains National Park utilized manpower from local construction companies all along its 469-mile route - such as locally based Vecellio Construction, which built a number of the stone bridges over the Parkway, and the regionally based Albert Brothers Company, which built a stretch of the Parkway from south of the Peaks of Otter to U.S. 460; WHEREAS, lead architect and field supervisor Stanley Abbott had an office in the former Sunnyside Awning building at the corner of First Street and Day Avenue in Roanoke during part of the Parkway's construction, and many other members of the design team lived in the Roanoke Valley; 422 WHEREAS, the iconic architectural style developed for Parkway buildings all I along its .Iength was largely inspired by traditional Appalachian structures that Stanley Abbott and his staff viewed in the Roanoke Valley, and the Parkway project would go on to serve as a model for the design and construction of other linear parks around the country; WHEREAS, today Mill Mountain and the J.B. Fishburn Parkway spur offer residents of the City of Roanoke - the largest city on the Parkway - a natural gateway to this treasured resource, the most visited of all units in the National Park System; WHEREAS, former City Councilman and lifelong environmental advocate Rupert Cutler has been selected as our Honor Representative to answer the roll call for Roanoke at the Blue Ridge Parkway 75th Anniversary Celebration on September 11, 2010; WHEREAS, this momentous anniversary affords the leaders of the City of Roanoke a chance to reinvigorate its commitment to being a strong partner in the preservation of this valuable resource for generations to come; and WHEREAS, the City of Roanoke encourages all citizens to take advantage of the many special events taking place during this anniversary year, and to embrace the Blue Ridge Parkway as one of our most important recreational and cultural assets now and in the future. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council is pleased to recognize the 75th Anniversary of the Blue Ridge Parkway and commends the Blue Ridge Parkway 75 organization for bringing together the many Parkway communities for a gala celebration of this milestone in our shared history. BE IT FURTHER RESOLVED that the City Clerk is directed to forward an attested copy of this resolution to Phil Francis, Superintendent, Blue Ridge Parkway. I APPROVED ATTEST: ~ 'rrJ. Ofi)o lMJ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor I I I I 423 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2010. No. 38947-092010. A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, Amendment No. 2 to the FY 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 Resolutions Nos. 38197-081808 and 38638-091102, the Council of ' the City of Roanoke, Virginia ("Council"), approved, respectively, the execution of a Subgrant Agreement with Habitat and Amendment No. 1 for housing activities in the City's Hurt Park neighborhood; WHEREAS, by Resolution No. 38808-051010, Council approved the City's 2010- 2015 Consolidated Plan for submission to the U.S. Department of Housing and Urban Development, including additional CDBG and HOME funding for Habitat's activities; and WHEREAS, by Resolution No. 38845-062110 and by Budget Ordinance No. 38846-062110, Council accepted and appropriated the 2010-2011 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.2 to the FY 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 report dated September 20, 2010, to this Council. APPROVED ATTEST: ~ d0. rYJD <JvJ Stephanie M. Moon, CMC City Clerk Mayor 424 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2010. No. 38948-092010. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments, private grants, and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers Program Coordinator/Site Manager Instructional Assistants Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Travel-Mileage Travel-Fares Travel-Meals & Lodging Pupil Transportation Supplies Teachers Program Coordinator/Site Manager Instructional Assistants Retiree Health Social Security VRS Medical/Dental Group Life Contracted Services Travel-Mileage Travel-Fares Travel-Meals & Lodging Pupil Transportation Supplies Teachers Program Coordinator/Site Manager Instructional Assistants Retiree Health 302-110-11 02-0280-139E-611 00-41121-3-05 302-110-11 02-0280-139E-611 00-41124-3-05 302-110-11 02-0280-139E-611 00-41141-3-05 302-110-11 02-0280-139E-611 00-42200-3-05 302-110-11 02-0280-139E-611 00-42201-3-05 302-110-11 02-0280-139E-611 00-42202-3-05 302-110-11 02-0280-139E-611 00-42204-3-05 302-110-11 02-0280-139E-611 00-42205-3-05 302-110-11 02-0280-139E-611 00-43313-3-05 302-110-11 02-0280-139E-611 00-45551-3-05 302-110-11 02-0280-139E-611 00-45552-3-05 302-110-11 02-0280-139E-611 00-45553-3-05 302-110-1102-0280-139E-63200-43343-3-05 302-110-11 02-0280-139E-611 00-46614-3-05 302-110-11 02-0340-149E-611 00-41121-3-05 302-110-11 02-0340-149E-611 00-41124-3-05 302-110-11 02-0340-149E-611 00-41141-3-05 302-110-11 02-0340-149E-611 00-42200-3-05 302-110-11 02-0340-149E-611 00-42201-3-05 302-110-11 02-0340-149E-611 00-42202-3-05 302-110-11 02-0340-149E-611 00-42204-3-05 302-110-11 02-0340-149E-611 00-42205-3-05 302-110-11 02-0340-149E-611 00-43313-3-05 302-110-11 02-0340-149E-611 00-45551-3-05 302-110-11 02-0340-149E-611 00-45552-3-05 302-110-11 02-0340-149E-611 00-45553-3-05 302-110-1102-0340-149E-63200-43343-3-05 302-110-11 02-0340-149E-611 00-46614-3-05 302-110-11 02-0060-150E-611 00-41121-3-05 302-110-11 02-0060-150E-611 00-41124-3-05 302-110-11 02-0060-150E-611 00-41141-3-05 302-110-11 02-0060-150E-611 00-42200-3-05 $ 20,400.00 24,240.00 36,000.00 113.00 6,339.00 1,450.00 2,225.00 87.00 38,328.00 492.00 750.00 2,236.00 21,500.00 21,500.00 30,600.00 20,500.00 33,000.00 72.00 6,604.00 1 ,065.00 1,625.00 48.00 34,278.00 246.00 750.00 1,474.00 21,500.00 21,500.00 30,600.00 20,500.00 33,000 72.00 I I I 425 I Social Security 302-110-11 02-0060-150E-611 00-42201-3-05 6,604.00 VRS 302-110-11 02-0060-150E-611 00-42202-3-05 1,065.00 Medical/Dental 302-110-11 02-0060-150E-611 00-42204-3-05 1,625.00 Group Life 302-110-11 02-0060-150E-611 00-42205-3-05 48.00 Contracted Services 302-110-11 02-0060-150E-611 00-43313-3-05 34,278.00 Travel-Mileage 302-110-11 02-0060-150E-611 00-45551-3-05 246.00 Travel-Fares 302-110-11 02-0060-150E-611 00-45552-3-05 750.00 Travel-Meals & Lodging 302-110-11 02-0060-150E-611 00-45553-3-05 1,474.00 Pupil Transportation 302-110-1102-0060-150E-63200-45583-3-05 21,500.00 Supplies 302-110-11 02-0060-150E-611 00-46614-3-05 21,500.00 Substitute Teachers 302-110-0000-0110-151 E-611 00-41 021-2-01 1,000.00 SoCial Security 302-110-0000-0110-151 E-611 00-42201-2~01 77.00 Contracted Services 302-110-0000-0110-151 E-611 00-43313-2-01 6,000.00 Training/Conference Travel 302-110-0000-0110-151 E-611 00-45554-2-01 3,000.00 Professional Development 302-110-0000-0110-151 E-611 00-46617-2-01 3,581.00 Materials & Supplies Teacher Salary-Jackson 302-11 0-1305-0230-359E-611 00"41121-3-01 4,645.00 Social Security-Jackson 302-11 0-1305-0230-359E-611 00-42201-3-01 355.00 Teacher Salary-Breckinridge 302-110-1305-021 0-359E-611 00-41121-3-01 9,289.00 Social Security-Breckinridge 302~ 110-1305-021 0-359E-611 00-42201-3-01 711.00 Teacher Salary-Addison 302-11 0-1305-0280-359E-611 00-41121-3-01 4,645.00 Social Security-Addison 302-11 0-1305-0280-359E-611 00-42201-3-01 355.00 Teacher Salary-Wilson 302-11 0-1305-0150-359E-611 00-41121-3-01 4,645.00 Social Security-Wilson 302-11 0-1305-0150-359E-611 00-42201-3-01 355.00 Educational Materials 302-180-1307 -1170-764E-611 00-46614-3-01 1,462.00 Food Services Personnel 302-320-0000-1 000-168E-651 00-41182-2-00 1,000.00 Social Security 302-320-0000-1 000-168E-651 00-42201-2-00 77.00 I Food 302-320-0000-1 000-168E-651 00-46602-2-00 16,000.00 Food Service Supplies 302-320-0000-1 000-168E-651 00-46603-2-00 2,681.00 Equipment 302-320-0000-1 000-168E-651 00-48821-2-00 998.00 Retirement Health 302-160-0000-1304-101 E-611 00-42200-9-07 970.00 VRS 302-160-0000-1304-101 E-611 00-42202-9-07 2,030.00 GLI 302-160-0000-1304-101 E-611 00-42205-9-07 452.00 Materials & Other Supplies 302-160-0000-1304-101 E-611 00-46614-9-07 755.00 Staff Development 302- 160-0000-1304-101 E-611 00-45586-9-07 4,703.00 Contracted Services 302-160-0000-1304-101 E-611 00-43313-9-07 (2,645.00) Advertising/Outreach 302-160-0000-1304-101 E-611 00-43361-9-07 1,812.00.00 Travel/Mileage 302-160-0000-1304-101 E-611 00-45551-9-07 1,000.00 Teacher Salary 302-110-0000-1 070-134D-611 00-41121-3-09 (2,214.00) Social Security 302-110-0000-1070-1340-61100-42201-3-09 (552.00) Mileage 302-110-0000-1 070-134D-611 00-45551-3-09 4,934.00 Instructional Supplies 302-110-0000-1 070-134D-611 00-46614-3-09 2,832.00 Non-capital Technical 302-110-1315-1 000-165D-681 00-46650-3-01 15,000.00 Hardware Revenues Federal Grant Receipts 302-000-0000-0000-13!:}E-00000-38287 -0-00 175,660.00 Federal Grant Receipts 302-000-0000-0000-149E-00000-38287 -0-00 173,262.00 Federal Grant Receipts 302-000-0000-0000-150E-00000-38287 -0-00 173,262.00 Federal Grant Receipts 302-000-0000-0000-151 E-00000-3801 O-O~OO 13,658.00 State Grant Receipts 302-000-0000-0000-359E-00000-32375-0-00 25,000.00 Private Grant Receipts 302-000-0000-0000-764E-00000-33808-0-00 1 ,462.00 I Federal Grant Receipts 302-000-0000-0000-168E-00000-38555-0-00 20,756.00 Local Match 302-000-LMA T -0000-101 E-00000-72000-0-00 1,381.00 Federal Grant Receipts 302-000-0000-0000-101 E-00000-38002-0-00 7,696.00 Federal Grant Receipts 302-000-0000-0000-134D-00000-38010-0-00 5,000.00 Federal Grant Receipts 302-000-0000-0000-165D-00000-38371-0-00 15,000.00 426 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: ~h)'lYJtJtMJ Stephanie M. Moon, CMC City Clerk Q-Q~- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2010. No. 38949-092010. 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 I Director of the Economic Development Authority of the City of Roanoke, Virginia; and WHEREAS, 9 51 5.2-4904, Code of Virginia (1 950), as amended, provides that appointments made by the governing body of such Directors shall be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that A. Damon Williams 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 commencing October 21,2010, and expiring October 20,2014. APPROVED ATTEST: ~/Y}. "7cl~ Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor I I I I 427 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2010. No. 38950-092010. AN ORDINANCE to amend 936.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending and repealing certain conditions presently binding upon certain property conditionally zoned CG, Commercial-General District; and dispensing with the second reading by title of this ordinance. WHEREAS, Home Depot U.S.A., Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend Proffered Condition No. 14 and repeal Proffered Condition No. 17 presently binding upon a tract of land located at 4176 Franklin Road, S. W., being designated as Official Tax No. 5470104, which property is zoned CG, Commercial-General District, with proffers, such proffers being accepted by the adoption of Ordinance No. 37159-081505, adopted August 15, 2005; WHEREAS, the City Planning Commission, after giving property 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 September 20, 2010, 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 proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 4176 Franklin Road, S. W., being designated as Official Tax No. 5470104, should be amended as requested, and that such property be zoned CG, Commercial-General District, with proffers as set forth in the Zoning Amended Application NO.1 dated July 12, 2010. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 428 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 Proffered Condition No. 14 is amended, and Proffered Condition No. 17 is repealed, as set forth in the Zoning Amended Application No. 1 dated July 12, 2010, so that the subject property is zoned CG, Commercia/- General District, with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~. 6Y)lJrW Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2010. I No. 38951-092010. AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Inglesia De Dios Pentecostal M.I., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 3454 Cove Road, N. W., Official Tax Nos. 6440211 and 6440210, rezoned from R-7, Residential Single Family District, to IN, Institutional 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; I I I I 429 WHEREAS, a public hearing was held by City Council on such application at its meeting on September 20, 2010, 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 Nos. 6440211 and 6440210, located at 3454 Cove Road, N. W., be, and is hereby rezoned from R-7, Residential Single Family District, to IN, Institutional District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amended Application No.2 dated August 19, 2010. 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. ~lJ6v,) Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor 430 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 20th day of September, 2010. No. 38952-092010. AN ORDINANCE to amend ~ 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, Scott and Ascension Horchler, have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1321 Morningside Street, S. E., bearing Official Tax No. 4130501, rezoned from ROS, Recreation and Open Space District, to MXPUD, Mixed Use Planned Unit Development District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by ~36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 20, 2010, 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 I WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No. 4130501, located at 1321 Morningside Street, S. E., be and is hereby rezoned from ROS, Recreation and Open I Space District, to MXPUD, Mixed Use Planned Unit Development District, as set forth in the Zoning Amended Application No.1 dated July 23, 2010. I I I 431 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: ~JIt. fYJ b&tJ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day, of September, 2010. No. 38953-092010. AN ORDINANCE amending and reordaining Section 36.2-416, Mixed use buildinqs and live-work units, of Chapter 36.2, Zoninq, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke 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. 36.2-416. Mixed use buildings and live-work units. * * * (b) Mixed-use buildings and live-work units. Mixed-use buildings and live-work units, as permitted by this chapter, shall comply with the following standards: 432 Development Standards Mixed-Use Building Live-Work Units Location Where permitted by the Use Matrix Where permitted by the Use criteria of the applicable zoning district Matrix of the applicable zoning .district Types of land Residential dwelling units; Uses Residential dwelling units; uses allowed permitted in the applicable zoning Uses permitted in the district applicable zoning district Permitted No density restrictions apply. The See subsection (c), below. density or building is subject to the The building is subject to intensity dimensional requirements of the the dimensional Dimensional Matrix for the requirements of the applicable zoning district. Dimensional Matrix for the applicable zoning district. Distribution of uses by floor: - · Uses Nonresidential uses permitted in Nonresidential uses permitted on the applicable zoning district, permitted in the applicable first floor except that any residential use zoning district (Residential permitted within the MXPUD district uses may be located to the is permitted on the first floor of a rear of the principal mixed-use building within the building.) MXPUD district. · Uses Residential dwelling units; Uses Residential dwelling units; permitted on permitted in the applicable zoning. Uses permitted in the second floor district applicable zoning district -. · Uses Residential dwelling units; Residential dwelling units; permitted Professional or general offices Uses permitted in the above second applicable zoning district floor ...... . I I I I I I 433 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. 0Csjl)~ Stephanie M. Moon, CMC City Clerk ~-Q3l~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2010. No. 38954-092010. A RESOLUTION approving the City of Roanoke Redevelopment and Housing Authority (RRHA) Resolution No. 3597, which will terminate and vacate the Redevelopment Plan for the Hurt Park Community Development Project; and providing for the City Clerk to take certain actions. WHEREAS, the RRHA Board of Commissioners previously approved the original Redevelopment Plan for the Hurt Park Community Development Project dated April 1975 (Hurt Park Plan); WHEREAS, after appropriate public notice, on June 28, 2010, the RRHA Board of Commissioners made a determination that the continued existence of the Hurt Park Plan is no longer necessary and that property owners within the boundaries of the Hurt Park Plan will not be adversely affected by the termination of such Hurt Park Plan, and adopted Resolution No. 3597 to terminate and vacate the Hurt Park Plan; and WHEREAS, the RRHA Board of Commissioners recommends in its Resolution No. 3597 that the City approve such RRHA Resolution, which will terminate and vacate the Hurt Park Plan. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That City Council hereby approves RRHA Resolution No. 3597 dated June 28, 2010, which RRHA Resolution terminates and vacates the Redevelopment Plan for the Hurt Park Community Development Project, as set forth in such Resolution. 434 2. That RRHA Resolution No. 3597, as attached to the City Manager's Report dated September 20, 2010, to this Council, having been approved and adopted by the RRHA Board of Commissioners at its meeting on June 28, 2010, and hereby being approved by the Council of the City of Roanoke, shall and does become effective on date this Resolution is adopted by City Council, and that the Hurt Park Plan, as amended, shall be, and hereby is terminated and vacated effective as of such date. 3. The City Clerk is ~ereby directed to file a copy of the RRHA Resolution No. 3597 with the minutes of this meeting in the City Clerk's Office, attach a copy to this Resolution, and to send a certified copy of this. Resolution to the Executive Director of the RRHA. APPROVED ATTEST: kttIJtJ".,~m.lY)~ Stephanie M. Moon, C~C City Clerk David A. Bowers Mayor REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I I I 435 I CITY OF ROANOKE REDEVELOPMENT AND HOUSING AUTHOR1TY RESOLUTION NO: 3597 Meeting Date: .June 28, 2010 Agenda Item Number: 4 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY TERMINATING THE REDEVELOPMENT PLAN FOR THE HURT PARK COMMUNllY DEVELOPMENT PROJECT I WHEREAS, by Resolution of the Board of CommissIoners of the Roanoke Redevelopment and Housing Authority (aRRHA") dated October 20, 1975, RRHA approved the Redevelopment Plan for the Hurt Park Community Development Project ~ated April 1975 (the. "Redevelopment Plan"); and WHEREAS, the Roanoke City Council did approve and adopt the Redevelopment Plan; and WHEREAS. since May 2007, RRHA and the City of Roanoke have been engaged in a carrying out activities in the Hurt Park area under the terms of the "HURT PARK NEIGHBORHOOD NEIG,HBORHOOD REVITALIZATION STRATEGY AREA (NRSA) PLAN" (the "NRSA Plan"); and WHEREAS, the project area designated in the Redevelopment pran is included within the 157 acres, more or less, that is covered by the NRSA Plan; and WHEREAS, RRHA has determined that the Objectives of the Redevelopment Plan largely duplicate the goals and objectives of the current NRSA Plan. and thus the Redevelopment Plan is duplicative and no .Ionger serves any useful purpose; and WHEREAS, there appears to be no further need for further acquisition or disposition of real property under the terms of the Redevelopment Plan (as distinct from the NRSA Plan) by RRHA; and WHEREAS, RRHA has determined that continued existence of the Redevelopment Plan is no longer necessary and that the property owners within the boundanes of the Redevelopment Plan will not be adversely effected by the termination of the Redevelopment Plan; and WHEREAS, RRHA has given an appropriate public notice of its intent to consider this resolution terminating the Redevelopment Plan, in order to advise 'all past and present owners, lessees or succe~ors in interest of property located within the project area. or on the boundaries of the project area, as well as all persons who might be considering the purchase or lease of such properties, of RRHA's intent to terminate the Redevelopment Plan; I 436 NOW THEREFORE BE IT RESOLVED, that the Redevelopment Plan for the Hurt Park Community Development Project dated April 1975 be and the same is hereby terminated and vacated and said termination and vacation is hereby recommended to Roanoke City Council for its consideration and approval; and FURTHER BE IT RESOLVED thatthis Resolution shall become effective immediately upon its adoption and the Redevelopment Plan for the Hurt Park Community Development Project dated April 1975 shall be terminated effective immediately upon action by the City Council of the City of Roanoke. .Recommended by: ~ L ~ ~ of Real Estate Developmenl Approved by: ~~ bt.f1(U~~ . Executive irector Date b -~2.-/0 , Date ~/~"o COMMISSIONERS ACTION: ~pproved o Disapproved Remarks: IN THE COUNCIL OF THE 'CITY OF ROANOKE, VIRGINIA, . The 20th day of September, 2010. No. 38955-092010. A RESOLUTION approving the City of' Roanoke Redevelopment and Housing Authority (RRHA) Resolution No. 3598,. which will terminate and vaqate the Redevelopment Plan for the Deanwood Community Development Project; and providing for the City Clerk to take certain actions. WHEREAS, the RRHA Board of Commissioners previou,sly'approved the original Redevelopment Plan for the Deanwood Community Development Project dated January 1975, as amended by Amendments 1, 2, and 3, dated October 9, 1984, July 1985, and September 1994, respectively. (Deanwood Plan); I I I I I I 437 WHEREAS, after appropriate public notice, on June 28, 2010, the RRHA Board of Commissioners made a determination that the continued existence of the Deanwood Plan is no longer necessary and that property owners within the boundaries of the Deanwood Plan will not be adversely affected by the termination of such Deanwood Plan, and adopted Resolution No. 3598 to terminate and vacate the Deanwood Plan, as amended; and WHEREAS, the RRHA Board of Commissioners recommends in its Resolution No. 3598 that the City approve such RRHA Resolution, which will terminate and vacate the Deanwood Plan. . THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That City Council hereby approves RRHA Resolution No. 3598 dated June 28, 2010, which RRHA Resolution terminates and vacates the Redevelopment Plan for the Deanwood Community Development Project, as set forth in such Resolution. 2. That RRHA Resolution No. 3598, as attached to the City Manager's Report dated September 20, 2010, to this Council, having been approved and adopted by the RRHA Board of Commissioners at its meeting on June 28, 2010, and hereby being approved by the Council of the City of Roanoke, shall and does become effective on date this Resolution is adopted by City Council, and that the Deanwood Plan, as amended, shall be, and hereby is terminated and vacated effective as of such date. 3. The City Clerk is hereby directed to file a copy of the RRHA Resolution No. 3598 with the minutes of this meeting in the City Clerk's Office, attach a copy to this Resolution, and to send a certified copy of this Resolution to the Executive Director of the RRHA. APPROVED ATTEST: ~m.~~ Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor 438 CITY OF ROANOKE REDEVELOPMENT AND HQUSING AUTHORITY I RESOLUTION NO: 3598 Meeting Date: June 28, 2010 Agenda Item Number: 5 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE ROANOKE REDEVELOPMENT AND HOUSING AUTHORITY TERMINATING THE REDEVELOPMENT PLAN FOR THE DEANWOOD COMMUNllY DEVELOPMENT PROJEC"(_ WHEREAS, the Board of Commissioners.ofthe Roanoke Redevelopment and Housing,~uthority (aRRHA") duly approved the Redevelopment Plan for the Deanwood CommunitY Development Project dated January 1975, as amended by Amendment No. ~ dated October 9,1984, Amendment NO.2 dated July 1985, and Amendment NO.3 dated September 1994 (the "Redevelopment Plan"); and WHEREAS, the Roanoke City Council did approve and adopt the' Redevelopment Plan and all of the amendments to the Redevelopment Plan; and WHEREAS, RRHA has determined that the Objectives of the Redevelopment Plan have been substantially accomplished, and that there is no need for further acquisition or disposition of real property within the project area by RRHA; and WHEREAS, RRHA has determined that continued existence of the Redevelopment Plan is no longer necessary and that the property owners within the boundaries of the Redevelopment Plan will not be adversely effected by the termination of the Redevelopment Plan; and WHEREAS, RRHA has given an appropriate public notice of its intent to consider this resolution terminating the Redevelopment Pia!), in order to advise all past and . present owners, lessees or successors in interest of property located within the project area, or on the boundaries of the project area, as well as all persons who might be . considering the purchase or lease of such properties, of RRHA's intent to terminate the Redevelopment PI~m: and NOW THEREFORE BE IT RESOLVED, that the Redevelopment Plan for the Deanwood Community Development Project dated January 1975, as amended by. Amendment No, 1 dated October 9,1984, Amendment No,.2 dated July 1985, and Amendment NO.3 dated September 1994, be and the same is hereby terminated a'nd vacated and said termiriation and vacation is hereby recommended to Roanoke City Council for its consideration and approval; and . I . FURTHER BE IT RESOLVED that this Resolution shall become effective immediately upon its adoption and the Redevelopment Plan for the Deanwood Community Development Project January 1975, as amended by Amendment No.1 I I I I 439 dated October 9. 1984, Amendment No.2 dated July 1985, and Amendment NO.3 dated September 1994 shall be terminated effeotive immediately upon action by the City Council of the City of Roanoke. Recommended by: 4R5~en, ,A~ ~OA~- Executive Director . . Date ~ ..22-/0 Approved by: COMMISSIONERS ACTION: ~ Approved o . Disapproved Remarks: Date 'ld/:1 ~ )/0 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of September, 2010. No. 38956-092010. A RESOLUTiON approving Amendment No.5, dated June 2010, to the Redevelopment Plan for Gainsboro Community Development Program Area; providing for an effective date of such Amendment No.5; and providing for the City Clerk to take certain actions. WHEREAS, the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority (RRHA) previously approved the original R~development Plan for Gainsboro Neighborhood Development Program, which was dated November 22, 1971, and was subsequently approved by the Council of the City of Roanoke by Resolution No. 20032, adopted January 10, 1972; 440 WHEREAS, the above Redevelopment Plan was subsequently amended by the I following: Amendment No.1-Redevelopment Plan for Gainsboro Urban Renewal Area Neighborhood Development Program, dated June 1975, approved by City Council by Resolution . No. 22658, adopted on January 19, 1976; Amendment No. 2- Redevelopment Plan for Gainsboro Community Development Program Area, dated April 1983, approved by City Council by Resolution No. 26684, adopted on September 12, 1983; Amendment No.3-Redevelopment Plan for Gainsboro Community Development Program Area, dated December 1986, approved by City Council by Resolution No. 28463, adopted on December 8, 1986; and Amendment No.4-Redevelopment Plan for Gainsboro Community Development Program Area, dated January 1993, approved by City Council by Resolution No. 31425-042693, adopted on April 26, 1993; WHEREAS, the RRHA on June 10, 2010, held a public meeting with residents of the Gainsboro Community to discuss the proposed Amendment No. 5 to the Redevelopment Plan for Gainsboro Community Development Program Area and it did not appear to the RRHA that such Amendment No. 5 would have a material adverse impact on any owner, lessee, or transferee of property located within the Gainsboro Redevelopment Area; WHEREAS, on June 28, 2010, the Board of Commissioners of the RRHA duly approved Amendment No. 5 to the Redevelopment Plan for Gainsboro Community I Development Program Area in order to reflect changes in State law, including (but not limited to) restrictions on the use of eminent domain, which became applicable to the Redevelopment Plan effective July 1 , 2010; WHEREAS, the City has given written notice to owners of property in the Gainsboro Redevelopment Area of the City's intent to consider the Amendment No. 5 approved by the RRHA on June 28, 2010, and that such Amendment No. 5 will be presented to and considered for approval by City Council at Council's regular meeting on September 20, 2010, at 7:00 p.m., or as soon thereafter as the matter may be considered by Council. Such notice further advised that any person wishing to be heard on the matter could be heard before City Council on September 20, 2010, at such Council meeting; WHEREAS,. based on the recommendations of City staff, it appears that it is necessary to amend the Redevelopment Plan to reflect the changes in State law as mentioned above; and I I I I 441 WHEREAS, it appears that the continued operation of the Redevelopment Plan, as amended, by Amendment No.5, as indicated in the RRHA's Resolution No. 3599 dated June 28, 2010, will in fact benefit the property owners in the Gainsboro Redevelopment Area. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Amendment No. 5 to the Redevelopment Plan for Gainsboro Community Development Program Area, which was approved by the Board of Commissioners of the RRHA on June 28, 201 0, is hereby approved by the Council of the City of Roanoke. 2. That such Amendment No.5, dated June 2010, to the Redevelopment Plan for Gainsboro Community Development Program Area, as attached to the City Manager's report dated September 20, 2010, to this Council, having been approved and adopted by the Board of Commissioners of the RRHA at its meeting on June 28, 2010, and hereby being approved by the Council of the City of Roanoke, shall and does become effective on the date this Resolution is adopted by City Council. 3. The City Clerk is hereby directed to file a copy of Amendment NO.5 to the Redevelopment Plan for Gainsboro Community Development Program Area with the minutes of this meeting in the City Clerk's Office, attach a copy to this Resolution, and to send a certified copy of this Resolution to the Executive Director of the RRHA. APPROVED ATTEST: A~. OOJ~on) Stephanie M. Moon, CMC City Clerk S)~ David A. Bowers Mayor 442 I REDEVELOPMENT PLAN FOR GAINSBORO COMMUNITY DEVELOPMENT PROGRAM AREA AMENDMENT NO.5 I ROANOKE, VIRGINIA June 2010 City of Roanoke Redevelo.pment and Housing Authority I 443 I The Redevelopment Plan for the Gainsboro Community Development Program Area (commonly referred to as the "Galnsboro Redevelopment Plan") was approved by Roanoke City Council on January 10,1972, which plan generally provided for the renewal of the Gainsboro area as a residential neighborhood. Amendment No. 1 to the Gainsboro Redevelopment Plan was approved by Roanoke City council on January 19, 1976. The general purpose of said amendment was to lower site preparation costs by the adjustment of new street ri.ghts-of-way and by . making adjustments in residential land use and residential densities to more adequately reflect economic conditions that existed at the time of the amendment. Amendment No.2 to the Gainsboro RedeveloPOlent Plan was approved by Roanoke City Council on September 12, 1983. The general purpose of said amendment was to allow the rehabilitation/conservation of residential structures. . I Amendment NO.3 to the Gainsboro Redevelopment Plan was approved by Roanoke City Council on December 8, 1983. The general purpose of said amendment was to eliminate certain provisions from the plan in order to allow for the development of motels in Light Industrial land Use Areas. Amendment No.4 to the Gainsboro Redevelopment Plan was approved by Roanoke City Council on April 26, 1993. The purpose of said amendment was to bring the Plan Exhibits into . conformity with what existed at the time; to provide for the revitalization of the Hotel RoanokelHenry Street commercial area in general and the development of a . modem hotel-conference center complex In conjun~tion with the renovation of the Hotel Roanoke; to make changes in land uses so as to bring them into conformity with the City of Roanoke's Zoning Districts; and to address the preservation and revitalization of historic, residential neighborhoods. This Amendment No.5 to the Gainsboro Redevelopment Plan is for the purpose of conforming the provisions of the plan dealing with the acquisition of real property to reflect changes in applicable State law, so as to remove the use of eminent domain as a tool for acquisition of property except in certain, narrowly-defined circumstances and to condition any future use of eminent domain on further findings and actions by the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority. This Amendment also seeks to amend certain. provisions of the Gainsboro Redevelopment Plan in oreler to reflect developments that have occurred since the plan was last amended. ~ This Amendment No.5 amends and supplements the provisions of the Gainsboro Redevelopment Plan as in effect after approval of Amendment No.4. Except to the extent repealed, revised, or amended in this Amendment No.5, all provisions of the Gainsboro Redevelopment Plan as in effect after approval of Amendment NO.4 shall remain in full force and effect. I .444 A. 'DESCRIPTION OF COMMUNITY DEVELOPMENT PROGRAM AREA. I The Boundary Description of the Gainsboro Community Development Area (the uGainsboro Redevelopment Area") shall continue to be as set forth in Amendment No.4 to the Gainsboro Redevelopment Plan. B. DEVELOPMENT GOALS AND OBJECTNES. The Development Goals and Objective of the Gainsboro Redevelopment Plan are as set forth in Amendment No.4 to the Gainsboro Redevelopment Plan, except fhat all provisions addressing acquisition of property in the Gainsboro Redevelopment Area by the City of Roanoke Redevelopment and Housing Authority ("RRHA"), including but not limited to Sections B.1.a, B.1.d, B.2.b.1, B.2.d.1 and 8..3.1.11, shall be subject to the provisions of Section D .of this Amendment No.5 to the Gainsboro Redevelopment Plan. C. GENERAL LAND USE PLAN. The Land Use Plan as set forth in Amendment NO.4 to the Gainsboro Redevelopment Plan shall remain in effect, except that any acquisition of property in the Gainsboro Redevelopment Area by RRHA shall be subject to the provisions of Section D of this Amendment NO.5 to the Gainsboro Redevelopment Plan. Section C.3 of Amendment No.4 to the Gainsboro Redevelopment Plan provides that . the regulations and land use provisions set out in that Amendment NO.4 "shalt be in full force and effect until September 1, 2001." Nothing in this Amendment No. 5 to the Gainsboro Redevelopment Plan shall be construed to alter, amend or modify in any way . any contractual obligations set forth in any agreement for the purchase or lease of property in the Gainsboro Redevelopment Area acquired from RRHA prior to the effective date of this Amendment No.5, nor shall It be construed .to alter, amend or modify any obligations set forth in any deed or other disposition document(s) for property sold or leased by RRHA under the provisions of the Gainsboro Redevelopment Plan or any amendments thereto. . . I D. PROJECT PROPOSAL. The provisions of Section D C)f Amendment No.4 to the Gainsboro Redevelopment Plan are deleted in their entirety, and replaced with the following provisions: To the extent property in the Gainsboro Redevelopment Area has not previously been redeveloped and/or rehabilitated in a manner consistent with the terms of the Gainsboro Redevelopment Plan, RRHA may use any of the following techniques to achieve and/or assist in such redevelopment and/or rehabilitation. RRHA's ability to use any of the techniques described in this Section D. is dependent on the availability of funding from the City of Roanoke to permit RRHA to pursue activities under the Gainsboro Redevelopment Plan, as RRHA has no funds of its own which can be used to pursue such activities. I If I I 445 1. Land -Acquisition. a. From and after the date of the approval of this Amendment No. 5 to the Gainsboro Redevelopment Plan, RRHA will focus on redevelopment through private, voluntary transactions with owners of properties in the Gainsboro Redevelopment Area, either through voluntary acquisition of properties if requested or agreed to by the property owner(s) or through partnerships to support owner . redevelopment of the properties. RRHA has no present plans to acquire any additional properties in the Gainsboro Redevelopment Area unless requested to do so by the owner(s) of the property or unless the acquisition is by agreement of the property owner(s). RRHA does not intend at this time to use the power of eminent domain to acquire additional properties in the Gainsboro Redevelopment Area. However. eminent domain will be considered in very narrow circumstances as permitted under Virginia Code ~ 1-219.1, but only based on additional future action by the Board of Commissioners of RRHA. From and after the date of approval of this Amendment No.5 to the Galnsboro Redevelopment Plan, RRHA will no longer actively seek to acquire properties in the Gainsboro Redevelopment Area. However. RRHA reserves the right to initiate a request for voluntary acquisition if RRHA's Board of Commissioners approves and authorizes such a request. b. c. RRHA will consider. acquisition of real property located within the Gainsboro Redevelopment Area, whether or not such property was previously designated as property "To be Acquired,u if requested by the property owner{s) or with the agreement of the property owner(s). RRHA will consider acquisition of properties in the Gainsboro Redevelopment Area only on the b.asesset forth below. (i) Acquisition of Real Property by Use of Eminent Domain (1) From and after the date of approval of this Amendment No.5 to the Gainsboro Redevelopment Plan, RRHA will not acquire property in the Gainsboro . Redevelopment Area through the use of eminent domain except In the following limited Circumstances: (a) RRHA may utilize eminent domain to acquire property within the Gainsboro Redevelopment Area if the property is abandoned. Before eminent domain may be utilized in any such case, RRHA's Board of Commissioners must pass a resolution (a) determining that the 446 property Is abandoned; (b) identifying the source of the funds to be used for acquisition of the property; and (e) authorizing the use of eminent domain. I . (b) RRHA may utilize eminent domain to acquire property within the Gainsboro Redevelopment Area if the acquisition is needed to clear title where one of the owners agrees to such acquisitIon. Before eminent domain may be utilized in any such case, RRHA's Board of Commissioners must pass a resolution (a) identifying the source of the funds to be used for acquisition of the property; and (b) authorizing the use of eminent domain. (c) RRHA may utilize eminent domain to acquire property within the Gainsboro Redevelopment Area if the acquisition is by agreement of all the owners. Before eminent domain may be utilized in any such ease, RRHA's Board of Commissioners must pass a resolution (a) identifying the source of the funds to be used for acquisition of the property; and (b) authorizing the use of eminent domain. (d) RRHA may utilize eminent domain to acquire property within the Gainsboro Redevelopment Area if the property is itself a blighted property. However,. any such acquisition shall be conducted under. and in accordance with, the provisions of Virginia Code ~ 36-49.1: 1. (2) Voluntary Acquisition of Real Property. (a) RRHA currently does not Intend to acquire addition.al prope'rties in the Gainsbl:;lro Redevelopment Area, but if approached by the owner or owners of properties in the . Redevelopment Area RRHf. will consider purchases of property within the Gainsboro . Redevelopment Area through a voluntary transaction with the owner(s). RRHA shall not, however, be obligated 10 purchase a property solely because the owner or owners may have requested that RRHA acquire the property. I I I I I I 447 (b) RRHA also reserves the right to initiate a request for such voluntary acquisition if its Board of Commissioner's approves and authorizes such a. request. 2. Rehabilitation and Conservation. RRHA may seek to provide assistance in residential property rehabilitation. The residential property rehabilitation standards made a part of Amendment No.4 to the Gainsboro Redevelopment Plan shall remain in effect, except that in the event of any conflict between any provisions of the residential property rehabilitation standards and any provisions of the Building 'Regulations of the City of Ro.anoke ("Building Regulations"), or the Zoning Regulations of the City of Roanoke ("Zoning RegulatlonsU), the Building Regulations and/or Zoning Regulations shall control. To facilitate rehabilitation activities within the Gainsboro Redevelopment Area, RRHA, its agents, or other subcontractors may provide financial and technical assistance to qualified owners of properties needing rehabilitation, but shall not be obligated to do so. Owner Rehabilitation/Redevelopment. RRHA will seek to encourage owner rehabilitation/redevelopment of properties within the Gainsboro Redevelopment Area. RRHA will consider a plan of development by an existing property owner for said owner's property/properties if the proposed development plan complies with the provisions and intent of the Gainsboro Redevelopment Plan, as amended, and may enter into a contractual agreement with the owner for rehabilitation/redevelopment of the property. RRHA may consider providing assistance to owners, in the form of loans or grants of funds, to facilitate the construction, reconstruction or rehabilitation of properties, but RRHA shall not be obligated to provide any such assistance. Disposition of Property. From and after the date of approval of this Amendment NO.5 to the Gainsboro Redevelopment Plan, any property within the Gainsboro Redevelopment Area acquired by RRHA will be disposed of by sale or lease for redevelopment or rehabilitation by private enterprise or by public enterprise, or else will be used for public rights-at-way or development or enlargement of public areas, except that RRHA may, at is discretion, utilize acquired property for rehabilitation purposes and delay disposition of such property until such time as rehabilitation has been completed. 5. Proposals for Low and Moderate Cost Housing. 3. 4. .448 In administering assistance in rehabilitation and/or redevelopment of property in the Gainsboro Redevelopment Area, in considering proposed development plans for properties located in the Gainsboro Redevelopment Area, and in making decisions about the disposition and use of any property acquired under the Galnsboro Redevelopment Plan. as amended, RRHA shall endeavor to provide for the development of housing within the Gainsboro Redevelopment Area at. a sales price or rental rate not exceedfng that which can be afforded by low and moderate income individuals and families. I 6. Developer Obligations. Any developer acquiring property in the Gainsboro Redevelopment Area from RRHA shall be subject to the following conditions which shall be implemented by appropriate covenants running with the land or other provisions in disposition documents. a. The developer shall begin and complete the development of the land within the time specified in the disposition documents. b. The developer shall retain the interest acquired until the completion of construction and development of the land so acquired, pursuant to this Plan. and shall not sell, lease or transfer the interest acquired or any part thereof prior to such completion of construction and development, except that RRHA may give written consent to such a sale, lease or transfer with appropriate conditions to ensure that the purchaser, lessee or transferee. will comply with the terms of this Plan. I c. The developer shall comply with such other conditions as are necessary in the judgment of RRHA to ensure that the purposes of Title 36 of the 1950 Code of Virginia, as amended, are carried out. d. Nothing in this Amendment NO.5 to the Gainsboro Redevelopment Plan shall be construed to alter. amend or modify in any way any contractual obligations set forth in any agreement for purchase of property in the Gainsboro Redevelopment Area acquired from RRHA prior to the effective date of this Amendment No.5, nor shall It be construed to alter, amend or modify any obligations set forth in any deed or other disposition document(s) for property sold by RRHA under the provisions of the Gainsboro Redevelopment Plan or any amendments thereto.. 7. Underground Utilities. Within the Gainsboro Redevelopment Area, ove.rhead utility lines will be placed underground as required by the City of Roanoke, insofar as prac1icab Ie. I 449 I E. OTHER PROVISIONS NECESSARY TO MEET REQUIREMENTS OF APPLICABLE STATE OR LOCAL LAW. In connection with this Amendment No.5 to the Gainsboro Redevelopment Plan, RRHA has not conducted or commissioned any formal study of the conditions in the Gainsboro Redevelopment Area to determine whether it continues to meet the definition of a "blighted area" under the definition contained in Virginia Code ~ 36-3, or to determine which individual properties might qualify as "blighted property" under the definition contained in Virginia Code ~ 36-3. Rather, the purpose of this Amendment NO.5 to the Gainsboro Redevelopment Plan is to . provide RRHA with the means to continue to address the conditions set out in Amendment No.4 to the Gainsboro Redevelopment Plan in a manner consistent with current State law. 1. This Amendment NO.5 to the Gainsboro Redevelopment Plan provides an outline for the continued development/redevelopment of the Gainsboro Redevelopment Area. 2. Based on available information and observations, many of the conditions identified in Amendment NO.4 to the Gainsboro Redevelopment Plan (including the conditions identified in Sections E.1 of Amendment NO.4 to the Gainsboro Redevelopment Plan) still exist in parts of the Gainsboro Redevelopment Area and have not been addressed. or have not been addressed fully, by activities under the Gainsboro Redevelopment Plan or by private action in the Gainsboro Redevelopment Area. Parts of the Gainsboro Redevelopment Area continue to be appropriate for rehabilitation and redevelopment treatment through the removal, prevention and reduction of blight, blighting influences and other causes of blight. 3. Despite the re.:.opening of the Hotel Roanoke and the addition of its Conference Center, other conditions identified in Amendment Nq. 4 to the . Galnsboro Redevelopment Plan have not been addressed. or have not been addressed fully. through redevelopment and/or rehabilitation. I 4. As set forth in Section D., above, RRHA has no present plans to acquire any additional properties in. the Gainsboro Redevelopment Area unless requested to do so by the owner(s) of the property or unless the acquisition is by agreement of the property owner(s). From and after the. date of approval of this Amendment No.5 to the Gainsboro Redevelopment Plan, RRHA will not acquire property in the Gainsboro Redevelopment Area through the use of eminent domain except in the narrowly-definecl, limited circumstances set forth in Section D.1.d.(1), above. of this Amendment No.5 to the Gainsboro Redevelopment Plan and only after further action of RRHA's Board of Commissioners. I 450 The plan for the proposed rehabilitation/redevelopment of properties in the Gainsboro Redevelopment Area continues to be in general conformity with the City of Roanc;>ke's Comprehensive Plan, and has a definite relationship with local objectives as to appropriate land uses and transportation, public utilities, recreation, and community facilities and other improvements. Based on available information and observations, the provisions of Section E.9 of Amendment No.4 to the Gainsboro Redevelopment Plan continue to be ~pp\icable to the Gainsboro Redevelopment Area. 6. From and after the date of ~pproval of this Amendment NO.5 to the Gainsboro Redevelopment Plan. if RRHA acquires any additional property/properties within the Gainsboro Redevelopment Area such property/properti~s shall be made available to private enterprise or non- government persons or entities for the purposes of redevelopment in accordance with the terms of this Amendment No.5 to the Gainsboro Redevelopment Plan, or to public enterprise for use as public rights-of- way .or for development anqlor enlargement of public areas pursuant to the provisions of this Amendment No.5 to the Gainsboro Redevelopment Plan. . I 5. Because RRHA has no present plans to acquire any additional properties in the Gainsboro Redevelopment Area unless requested to do so by the owner(s) of the property or unless the acquisition is by agreement of the property owner(s), it is not possible for this Amendment No.5 to the Gainsboro Redevelopment Plan to indicate the real property to be made available to private enterprise/non-government persons or entities for the. purposes of redevelopment, or the land which will be made available to public enterprise .for redevelopment. If any real property in the Gainsboro Redevelopment Area is to acquired by RRHA. additional action will be required by the Board of Commissioners of RRHA, at which time the' Board of Commissioners will identify the intended use and/or disposition of the real property. 8. From and after the date of approval of this Amendment No.5 to the Gainsboro Redevelopment Plan, if RRHA acquires any additional property/prl?pertles within the Gainsboro RedE:}velopment Area, then in evaluating proposals for redevelopment of such property RRHA shall given preference to redevelopment proposals which provide for development and/or rehabilitation of a number of decent, safe and sanitary dwellings at least equal, or substantially equal in number to the number of substandard dwellings to be cleared. as a part of the redevelopment of the property. at rents within the financial reach of the income groups displaced from such substandard dwellings. To assist in achieving this goal, RRHA will encourage redevelopers to utilize townhouse style designs and to consider construction of buildings designed to include multiple rental units, where appropriate. RRHA will also encourage redevelopers to replace substandard dwelling units with new units that would pe affordable by 7. I I I I 451 . individuals with income levels not exceeding 80% of the Area Median Income. .. In detennining whether a dwelling unit is considered to be decent, safe and sanitary, RRHA will utilize the criteria set out in Section E.11.c. of Amendment No.4 to the Gainsboro Redevelopment Plan. RRHA will offer relocation assistance and services as required under Virginia's Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1972, as amended (hereafter referred to as "the Act"), and the related sections of the Virginia Administrative Code, (hereafter referred to as "the Code") to individuals, businesses and nonprofit organizations that are to be displaced as a result of approved redevelopment activities. The Act and the Code are the basis for this relocation plan and where any provision of this Amendment No. 5 to the Gainsboro Redevelopment Plan is in conflict with the Act or the Code, the Act or the Code shall govern. 11. From and after the date of approval of this Amendment NO.5 to the Gainsboro Redevelopment Plan, if RRHA acquires any additional property/properties within the Galnsboro Redevelopment Area, then at the time property is made available for rehabilitation, development or redevelopment by public or private enterprise RRHA shall stipulate in disposition documents that the purchaser(s} or lessee(s) shall (i) use the land for the purpose designated in the Gainsboro Redevelopment Plan;. (ii) begin the building of their improvements within a period of time which RRHA fixes as reasonable; and (iii) comply with such other conditions as are necessary to carry out the purposes of the Gainsboro Redevelopment Plan and the purposes of Title 36 of the Code of Virginia, as amended. 9. 10. 12. RRHA believes-that this Amendment No.5 to the Gainsboro Redevelopment Plan does not materially adversely affect the owner, . lessee or successor in Interest of any property in the Gainsboro Redevelopment Area affected by the amendment. However, RRHA has provided notice of this proposed Amendment NO.5 to the Gainsboro Redevelopment Plan to all record owners of property in the Gainsboro Redevelopment Area. . F. PROCEDURES FOR CHANGES IN APPROVED PLAN. I The Gainsboro Redevelopment Plan may be modified from time to time upon compliance with the requirements of law and outstanding covenant rights, provided that prior to the passage of any resolution amending the Gainsboro Redevelopment Plan the owner of any land in the Gainsboro Redevelopment Area previously disposed of by RRHA for use in accordance with the Gainsboro Redevelopment Plan and/or any Amendments thereto shall be sent at least thirty (30) days prior to the consideration of any such resolution by the Roanoke City Council. written notice of the time and place of such Council meeting, and where '. 452 a copy of the proposed amendment anda precise descriptlon of the proposed changes may be inspected. I I I I I I 453 INTHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of October, 2010. No. 38957-100710. A RESOLUTION recognizing Voice of the Blue Ridge for thirty years of service to our community. WHEREAS, Voice of the Blue Ridge is a nonprofit organization incorporated in 1980 to provide services to meet the needs of the blind, visually impaired, and others with print handicaps, especially in Central and Southwest Virginia; WHEREAS, Voice of the Blue Ridge's mission is to provide programs centered on accessibility to the printed word, audio aids, and technical communication aspects, to enhance communication and life opportunities for those who might otherwise not be able to experience this enrichment; WHEREAS, the Virginia Department for the Blind and Vision Impaired estimates that there are nearly 5,000 individuals who have been certified as legally blind or vision handicapped in the Voice of the Blue Ridge service area; WHEREAS, Voice of the Blue Ridge keeps visually impaired residents in touch with area newspapers, including The Roanoke Times, The New River Valley Current, the Salem Times Register, the Vinton Messenger, the Fincastle Herald, and others through the Dial-In News Service, which is recorded by more than 50 volunteers and offered to more than 400 subscribers who can access these publications via their telephones; WHEREAS, in a unique partnership with WVTF Public Radio, Voice of the Blue Ridge provides radios at no cost for WVTF's Radio Reading Service which allows listeners to "hear" many magazines and national newspapers, as well as special programming like the book hour; WHEREAS, Voice of the Blue Ridge operates a Technology Center with five computer work stations that teaches visually impaired individuals how to use computers for everything from simple typing of a document to browsing the Internet and using e- mail, and students attending classes at the Center enjoy social interaction with their peers and are able to share information and experiences that help them cope in a sighted world; 454 WHEREAS, Voice of the Blue Ridge offers an additional array of resources such I as a Braille printer for reproducing a variety of documents in Braille type, large-print calendars for distribution to facilities that serve visually impaired clients, and a lending library that offers books on tape at no charge, as well as donated computers and other adaptive technologies that can be distributed to clients who might otherwise not be able to afford them; and WHEREAS, Voice of the Blue Ridge also houses a collection of adaptive technologies and devices and teaches clients how to use them in order to enhance their independent living skills, especially those who have lost their sight later in life and may be unaware of the many assistive devices available that can greatly improve their quality of life. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this resolution as a means of recognizing thirty years of service by Voice of the Blue Ridge. 2. The City Clerk is directed to forward an attested copy of this resolution to Executive Director Jan Smyth. APPROVED I ATTEST: ~ ~.OO)~ Stephanie M. Moon, CMC City Clerk .sr.1'7f7J7,,_h - - ~o~~~ -- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of October, 2010. No. 38958-100710. A RESOLUTION authorizing acceptance of the FY2011 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I I I I 455 1 . The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the FY2011 Fire Programs Funds Grant in the amount of $269,766.00, with no local match, such grant being more particularly described in the report of the City Manager to Council dated October 7, 2010. 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: ~tn'~Q.w Stephanie M. Moon, CMC City Clerk ~<1~~_.._.. .. ~ ~ -- ---~"= David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of October, 2010. No. 38959-100710. AN ORDINANCE appropriating funding from the Commonwealth of Virginia for the Fire Program Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000.00 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Regional Fire Training Burn Building 35-520-3340-2035 35-520-3340-2044 35-520-3340-2064 35-520-3340-2065 35-520-3340-9073 35-520-3340-9508 $ 73,283.00 10,000.00 81,483.00 5,000.00 60,000.00 40,000.00 456 Revenues Fire Program FY11 35-520-3340-3340 269,766.00 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: Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of October, 2010. No. 38960-100710. AN ORDINANCE amending and reordaining Section 14.1-3, Litterinq, Section I 14.1-17, pracement of brush, bulk brush, lawn rakinqs and bagqed leaves for collection by the city, and Section 14.1-23, Placement and collection of bulk items, brush and bagqed 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. 14.1-3. 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 I 457 I addition to the actual cost and fees incurred in the removal and disposal of such solid waste. Such administrative processing fee, however, shall be reduced to fifty dollars ($50.00) when added to the cost of removal of loose leaves and leaves in plastic bags that are deposited in the right-of-way by citizens before December 31, 2010. 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. * * * Sec. 14.1-17. Placement of brush, bulk brush, lawn rakings and bagged 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 container. A paper bag containing only leaves shall not be considered a bulk item during leaf season. * * * I (d) Bagged leaves. Leaves gathered for disposal shall be placed in either an automated collection container or placed in a plastic or paper bag of at least thirteen-gallon capacity, except for those weeks during leaf season in which the City Manager has scheduled the removal and disposal of paper bags, during which time leaves shall be placed in paper bags of at least 3D-gallon capacity. All bagged leaves must be secured against spillage. * * * Sec. 14.1-23. Placement and collection of bulk items, brush and bagged leaves. * * * (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 leaves placed out for collection by the City during leaf season shall not be considered bulk items. The allowable number of paper bags collected during leaf season shall be determined by the City Manager. * * * I 458 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: #tLhJ.m~~ Stephanie M. Moon, CMC { City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of October, 2010. No. 38961-100710. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. BE IT RESOLVED by the City Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who is a military reservist/national guard and who, between October 1, 2010, and September 30, 2011, 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. I I I I I I 459 4. The aforegoing policy is more particularly described in the report of the City Manager to Council dated October 7, 2010. APPROVED ATTEST: ---Js;t;rP ~ M . m bo,-J Stephanie M. Moon, CMC I City Clerk ~<l@w.-~ ~~ -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of October, 2010. No. 38962-100710. A RESOLUTION approving a Public Art Action Plan for 2011. BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves the Public Art Action Plan for 2011 as outlined in the City Manager's report dated October 7, 2010, as a part of the City's Public Art Policy. APPROVED ATTEST: /:s;tFL m. OdJbwJ Stephanie M. Moon, CM6 City Clerk ~...~ -....-- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2010. No. 38963-100710. AN ORDINANCE to transfer funds from the Percent for the Arts project to the Market Building Entrance Artwork 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. 460 BE IT ORDAINED by the Council of the City of Roanoke that the following I 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 General Revenue Appropriated from General Revenue 08-610-9929-9003 $ (20,000.00) 08-610-9946-9003 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: MJ.V'rY).mbwJ Stephanie M. Moon, CMCJ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The ih day of October, 2010. No. 38964-100710. A RESOLUTION adopting a policy on the budgeting and distribution of funds from the United States Department of Housing and Urban Development, such policy to supercede all prior policies pertaining to such funds. WHEREAS, the City of Roanoke is an entitlement community under the Community Block Grant ("CDBG"), HOME Investment Partnerships ("HOME") and Emergency Shelter Grant ("ESG") programs of the United States Department. of Housing and Urban Development ("HUD"); WHEREAS, each year, approximately $2.5 million in new entitlement grants are available to the City from HUD through such programs; WHEREAS, on September 17, 2001, by adopting Resolution No. 35570-091701, City Council adopted a policy which established guidelines for budgeting and distributing such funds ("HUD Funds Policy") and authorized the City Manager to implement the HUD Funds Policy; I I I I 461 WHEREAS, the HUD Funds Policy replaced the HUD Funds Allocation Policy which was prepared at City Council's request in 1998; WHEREAS, the HUD Funds Policy was amended administratively on August 18, 2004, to provide that CDBG funds would have a distribution of 57% for housing, 22.5% for economic development, 10% for human services, 10% for neighborhood development, and .5% for homeless services, with the uses for HOME and ESG funds to remain unchanged; and WHEREAS, a new policy for budgeting and distributing HUD funds needs to be adopted by City Council to address better the needs of the citizens of the City of Roanoke in the areas of housing, economic development, neighborhood development, human development, and homeless services. BE IT RESOLVED by the Council of the City of Roanoke that the Policy on HUD Funds, as more particularly set forth in the City Manager's report dated October 7, 2010,. to this Council, and as attached to such report, is hereby adopted, including the map of the proposed new target areas, and that the City Manager is hereby authorized .' to implement such Policy on HUD Funds. BE IT FURTHER RESOLVED that it is the intent of City Council that the Policy on HUD Funds dated October 7, 2010, attached to the City Manager's report bearing that same date, supercedes the HUD Funds Policy, as amended, and all previous policies adopted by City Councilor otherwise implemented by the City Administration pertaining to the budgeting and distributing of HUD funds. APPROVED ATTEST: ~M.?ryo-rJ Stephanie M. Moon, CMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of October, 2010. No. 38965-100710. A RESOLUTION authorizing the City Manager to enter into the 2010-2011 Community Development Block Grant ("CDBG") subgrant Agreement with Blue Ridge Independent Living Center ("BRILC"), upon certain terms and conditions. 462 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 2010-2011 CDBG subgrant Agreement with BRILC, 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 report dated October 7, 2010, to this Council. I APPROVED ATTEST: ~hr' ?!~YqyV Stephanie M. Moon, CMC! City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of October, 2010. No. 38966-100710. A RESOLUTION confirming the City Manager's appointment of Sherman Stovall I as Assistant City Manager for Operations. BE IT RESOLVED by the Council of the City of Roanoke that Council does hereby confirm the City Manager's appointment, as communicated to Council by a letter from the City Manager dated September 21, 2010, of Sherman Stovall as Assistant City Manager for Operations, effective November 1, 2010. APPROVED ATTEST: ~~. OY)glh0 Stephanie M. Moon, CMC City Clerk '" I I I I 463 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38967-101810. A RESOLUTION accepting the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs in the amount of $14,439.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant is more particularly described in the letter of Sheriff Octavia Johnson to Council, dated October 18, 2010. 2. The Sheriff, 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 Sheriff is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~~~~~ City Clerk \S)Qc..~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38968-101810. AN ORDINANCE to appropriate funding. from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 464 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment Revenues SCAAP FY11 35-140-5904-901 0 $14,439.00 35-140-5904-5904 14,439.00 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. ~oavJ Stephanie M. Moon, CMC City Clerk ~~ David . Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38969-101810. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $640,114.00, 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 grant in the amount of $640,114.00, with no local match from the City, to be used during Program Year 2010 (July 1, 2010 through June 30, 2012), for the purpose of administering the Workforce Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in the City Manager's Report dated October 18, 2010, 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. I I I I I I 465 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: ~h)) lnbOYV Stephanie' M. Moon, CMCC City Clerk ~~-~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38970-101810. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the FY11 Workforce Investment Act Grant, amending and reordaining certain sections . of the 2010-2011 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 2010-2011 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-Dues and Memberships Administrative-Training and Development Administrative-Local Mileage Administrative-Food Administrative-Business Meals and Travel Administrative-Equipment Rental Administrative-Other Rental 35-633-2370-1002 35-633-2370-1 004 35-633-2370-1105 35-633-2370-1120 35-633-2370-1125 35-633-23713-1126 35-633-2370-1130 35-633-2370-1131 35-633-2370-2042 35-633-2370-2044 35-633-2370-2046 35-633-2370-2060 35-633-2370-2144 35-633-2370-3070 35-633-2370-3075 26,021.00 8,607.00 4,012.00 2,648.00 1,741.00 108.00 196.00 75.00 893.00 775.00 940.00 310.00 1,968.00 465.00 271.00 466 Admin istrative-Marketing 35-633-2370-8053 5,463.00 I Administrative-Supplies 35-633-2370-8055 1,551.00 Adm inistrative-I nsu ranee 35-633-2370-8056 1,034.00 Admin istrative-Leases 35-633-2370-8058 4,183.00 Administrative-Equipment 35-633-2370-8059 1,551.00 Administrative-Miscellaneous 35-633-2370-8060 115.00 Administrative-Telephone 35-633-2370-8090 1,084.00 Adult-Regular Employee Wages 35-633-2371-1002 901.00 Adult-Temporary Employee Wages 35-633-2371-1004 95.00 Adult-City Retirement 35-633-2371-1105 139.00 Adult-FICA 35-633-2371-1120 76.00 Adult-Medical Insurance 35-633-2371-1125 66.00 Adult-Dental Insurance 35-633-2371-1126 4.00 Adult-Life Insurance 35-633-2371-1130 7.00 Adult-Disability Insurance 35-633-2371-1131 3.00 Adult-Training and Development 35-633-2371-2044 13.00 Adult-Local Mileage 35-633-2371-2046 17.00 Adult-Food 35-633-2371-2060 5.00 Adult-Business Meals and Travel 35-633-2371-2144 34.00 Adult-Equipment Rental 35-633-2371-3070 8.00 Adult-Other Rental 35-633-2371-3075 5.00 I Adult-Marketing 35-633-2371-8053 101.00 Adult-Supplies 35-633-2371-8055 27.00 Adult-Contract Services 35-633-2371-8057 61,283.00 Adult-Leases 35-633-2371-8058 73.00 Adult-Equipment 35-633-2371-8059 27.00 Adult-Miscellaneous 35-633-2371-8060 3.00 Adult-Telephone 35-633-2371-8090 19.00 Dislocated Worker-Regular Employee Wages 35-633-2372-1002 3,271.00 Dislocated Worker-Temporary Employee Wages 35-633-2372-1004 373.00 Dislocated Worker-City Retirement 35-633-2372-1105 504.00 Dislocated Worker-FICA 35-633-2372-1120 279.00 Dislocated Worker-Medical Insurance 35-633-2372-1125 243.00 Dislocated Worker-Dental Insurance 35-633-2372-1126 15.00 Dislocated Worker-Life Insurance 35-633-2372-1130 25.00 Dislocated Worker-Disability Insurance 35-633-2372-1131 9.00 Dislocated Worker-Training and Development 35-633-2372-2044 49.00 Dislocated Worker-Local Mileage 35-633-2372-2046 61.00 I Dislocated W9rker-Food 35-633-2372-2060 20.00 Dislocated Worker-Business Meals and 35-633-2372-2144 124.00 467 I Travel Dislocated Worker-Equipment Rental 35-633-2372-3070 30.00 Dislocated Worker-Other Rental 35-633-2372-3075 17.00 Dislocated Worker-Marketing 35-633-2372-8053 369.00 Dislocated Worker-Supplies 35-633-2372-8055 98.00 Dislocated Worker-Contract Services 35-633-2372-8057 125,932.00 Dislocated Worker-Leases 35-633-2372-8058 266.00 Dislocated Worker-Equipment 35-633-2372-8059 98.00 Dislocated Worker-Miscellaneous 35-633-2372-8060 7.00 Dislocated Worker-Telephone 35-633-2372-8090 69.00 Youth in School-Regular Employee Wages 35-633-2373-1002 4,267.00 Youth in School- Temporary Employee Wages 35-633-2373-1004 546.00 Youth in School-City Retirement 35-633-2373-1105 658.00 Youth in School-FICA 35-633-2373-1120 368.00 Youth in School-Medical Insurance 35-633-2373-1125 321 .00 Youth in School-Dental Insurance 35-633-2373-1126 20.00 Youth in School-Life Insurance 35-633-2373-1130 32.00 Youth in School-Disability Insurance 35-633-2373-1131 12.00 Youth in School-Training & Development 35-633-2373-2044 65.00 I Youth in School-Local Mileage 35-633-2373-2046 $ 80.00 Youth in School-Food 35-633-2373-2060 26.00 Youth in School-Business Meals and Travel 35-633-2373-2144 163.00 Youth in School-Equipment Rental 35-633-2373-3070 39.00 Youth in School-Other Rental 35-633-2373-3075 23.00 Youth in School-Marketing 35-633-2373-8053 488.00 Youth in School-Supplies 35-633-2373-8055 130.00 Youth in School-Contractual Services 35-633-2373-8057 259,117.00 Youth in School-Leases 35-633-2373-8058 351 .00 Youth in School-Equipment 35-633-2373-8059 130.00 Youth in School-Miscellaneous 35-633-2373-8060 10.00 Youth in School-Telephone 35-633-2373-8090 91.00 Youth out of School-Regular Employee Wages 35-633-2374-1002 1,765.00 Youth out of School-Temporary Employee Wages 35-633-2374-1004 273.00 Youth out of School-City Retirement 35-633-2374-1105 272.00 Youth out of School-FICA 35-633-2374-1120 156.00 Youth out of School-Medical Insurance 35-633-2374-1125 136.00 Youth out of School-Dental Insurance 35-633-2374-1126 8.00 I Youth out of School-Life Insurance 35-633-2374-1130 13.00 Youth out of School-Disability Insurance 35-633-2374-1131 5.00 Youth out of School-Training & 35-633-2374-2044 28.00 468 Development Youth out of School-Local Mileage Youth out of School-Food Youth out of School-Business Meals and Travel Youth out of School-Equipment Rental Youth out of School-other Rental Youth out of School-Marketing Youth out of School-Supplies Youth out of School-Contractual Services Youth out of School-Leases Youth out of School-Equipment Youth out of School-Miscellaneous Youth out of School-Telephone Revenues Workforce Investment Act Grant FY11 35-633-2374-2046 35-633-2374-2060 35-633-2374-2144 35-633-2374-3070 35-633-2374-3075 35-633-2374-8053 35-633-2374-8055 35-633-2374-8057 35-633-2374-8058 35-633-2374-8059 35-633-2374-8060 35-633-2374-8090 35-633-2370-2370 32.00 11.00 72.00 17.00 10.00 207.00 55.00 111,096.00 149.00 55.00 2.00 39.00 640,114.00 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: ~fh.~Dq,J Stephanie M. Moon, CMC City Clerk ~_....... David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38971-101810. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $57,988.00, 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: I I I I I I 469 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $57,988.00, with no local match from the City, for the purpose of administering the Dislocated Worker Program Rapid Response for the period of September 1, 2010, to September 30, 2011, for certain WIA client populations, as more particularly set out in the City Manager's Report dated October 18, 2010, 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: ~rn. 6"ho~ Stephanie M. Moon, CMC '"' City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38972-101810. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY11 Dislocated Worker Rapid Response Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contractual Services 35-633-2375-8057 $57,988.00 Revenues WIA Dislocated Worker Rapid Response FY11 35-633-2375-2375 57,988.00 470 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: ~Yn.~DuN Stephanie M. Moon, CMC City Clerk ~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38973-101810. A RESOLUTION authorizing acceptance of an Edward Byrne Memorial Justice Assistance Grant (JAG) from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: I 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 $152,932.00, with no local match from the City required, to be used for strengthening and enhancing law enforcement services. Such grant is more particularly described in the Report of the City Manager to Council dated October 18, 2010. 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. I I I I 471 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. APPHOVED ATTEST: ~'orJ>n,~ Stephanie M. Moon, CMC ~ City Clerk S1:Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38974-101810. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Byrne Memorial Justice Assistance Grant (JAG) Program, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Furniture and Equipment Publications & Subscriptions Revenues Byrne/JAG Technology Improve FY11 - Sheriff Byrne/JAG Technology Improve FY11 - Police 35-140-5905-9005 35-640-3585-2040 $73,000.00 79,932.00 73,000.00 79,932.00 35-140-5905-5905 35-640-3585-3585 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~'rh, .rru Stephanie M, Moon, c~ City Clerk David A. Bowers Mayor 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of October, 2010. No. 38975-101810. A RESOLUTION re-establishing membership of the. Roanoke Interagency Council. WHEREAS, by Resolution No. 31301-011193, dated January 11, 1993, this Council established a community policy and management team for the City of Roanoke pursuant to the Comprehensive Services Act for At-Risk Youth and Families (CSA), such team being known as the Roanoke Interagency Council, in compliance with Sections 2.2-5204 and 2.2-5205 of the Code of Virginia (1950), as amended; WHEREAS, Resolution No. 31301-011193 was subsequently amended by Resolution Nos. 34775-050100, 35101-101600, and 36777-071904; and WHEREAS, the City desires to re-establish the Roanoke Interagency Council to reflect changes in Council membership, in compliance with Sections 2.2-5204 and 2.2- 5205 of the Code of Virginia (1950), as amended. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as I follows: 1. The Council of the City of Roanoke hereby re-establishes the membership of the Roanoke Interagency Council, effective October 18, 2010, such membership to be comprised of persons holding the positions stated below as follows: . An elected or appointed local government representative . The agency head or their designee for the Community Service Board established pursuant to Section 37.2-501 of the Code of Virginia (1950), as amended . The agency head or their designee for the Juvenile Court Service Unit . The agency head or their designee for the Roanoke Department of Health . The agency head or their designee for the Department of Social Services . The agency head or their designee for the Roanoke City Public Schools . A private provider of children's or family services . A parent representative. 2. The Council of the City of Roanoke directs that the City's Director of Management and Budget, or his designee, will serve as program expenditure monitor for the Community Policy and Management Team. I I I I 473 3. Resolution Nos. 31301-011193, 34775-050100, 35101-101600 and 36777-071904 are hereby amended to the extent and only to the extent of any inconsistency with this Resolution. APPROVED ATTEST: M~'m.Ir)W>J Stephanie M. Moon, CMC l City Clerk ~k.--- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38976-101810. AN ORDINANCE to appropriate funds from The Virginia Outdoors Foundation to Mill Mountain Conservation Easement 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. 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 Third Party 08-530-9718-9004 $ 18,250.00 Revenues Mill Mountain Conservation Easement-VA Outdoors Foundation 08-530-9718-9718 18,250.00 474 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: AALh).IY]~ Stephanie M. Moon, CMC l City Clerk ~@J.--~-- ~~ -- - David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38977-101810. AN ORDINANCE to appropriate funding to be provided by a Hometown Bank Letter of Credit to the Street Lighting account, amending and re-ordaining certain sections of the 2010-2011 General Fund Appropriations, and dispensing with the I second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2010-2011 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Hometown Bank Letter of Credit 01-530-4150-2010 01-11 0-1234-1531 $ 10,268.00 10,268.00 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, lAo<NJ Stephanie M. Moon, CMC~ City Clerk ~~~ Mayor I I I I 475 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38978-101810. AN ORDINANCE to appropriate funding from the' Fleet Retained Earnings to the Fleet Equipment Maintenance account, amending and re-ordaining certain sections of the 2010-2011 Fleet Fund 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 2010-2011 Fleet Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Maintenance - Equipment Fund Balance Retained Earnings - Available 17 -440-2641-2048 $ 90,000.00 17-3348 (90,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~~~~oavJ City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38979-101810. AN ORDINANCE authorizing the City Manager to execute an amended sales agreement providing for a closing date for the conveyance of a 3.0 acre portion of City- owned property, otherwise know as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. 476 WHEREAS, a public hearing was held on June 21,2010, 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 arid the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, an amended sales agreement providing for a closing date for the conveyance of a 3.0 acre portion of City-owned property, otherwise know as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, for the purchase price of $75,000.00., upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated October 18, 2010. 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: #tLm,~)~ Stephanie M. Moon, CMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38980-101810. AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and short term group home placement of eligible juveniles who are residents of the City of Roanoke, in residential group homes owned and operated by the City of Lynchburg, in connection with the City of Roanoke's Shelter Care Program, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. I I I I I I 477 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest respectively, a Memorandum of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and short term group home placement of eligible juveniles who are residents of the City of Roanoke, in residential group homes that are owned and operated by the City of Lynchburg, in connection with the City of Roanoke's Shelter Care Program, for a term commencing November 1, 2010, and ending June 30, 2011, for an expected cost of $86,091.00, and as further stated in the City Manager's Report to this Council dated October 18, 2010. 2. All documents necessary for this execution shall be ina form approved by the City Attorney. . 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~c~DM City Clerk S;Q~ David A. Bowers Mayor ( " L IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38981-101810. AN ORDINANCE to transfer funding from the Health Department/Civic Mall Tenant Upfit project to the Employee Health Services Renovation project account, amending and re-ordaining certain sections of the 2010-2011 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 2010-2011 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 478 Appropriations CMERP - Equipment Purchases Appropriated from General Revenue 08-530-9834-9132 08-530-9971-9003 $ (264,494.00) 264,494.00 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) .'hI~'irJ Stephanie M. Moon, CMC I City Clerk ID~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38982-101810. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2011 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 October 18, 2010, recommended to Council a Legislative Program to be presented at the 2011 Session of the General Assembly; I I I I I I 479 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 October 18, 2010, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2011 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2011 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00 a.m., on November 1,2010. ATTEST: ~~,,~}oN City Clerk APPROVED ~Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38983-101810. AN ORDINANCE to appropriate funding from the Federal government and private grants for various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Academic Coach Retiree Health Credit Social Security Virginia Retirement System Health/Dental Group Life Insurance Contracted Services 302-11 0-0000-0280-133E-611 00-41124-3-01 302-11 0-0000-0280-133E-611 00-42200-3-01 302-11 0-0000-0280-133E-611 00-42201-3-01 302-11 0-0000-0280-133E-611 00-42202-3-01 $103,213.00 619.00 7,896.00 9,217.00 302-11 0-0000-0280-133E-611 00-42204-3-01 302-11 0-0000-0280-133E-611 00-42205-3-01 302-11 0-0000-0280-133E-611 00-43313-3-01 12,883.00 289.00 1,650.00 480 Travel - Conventions & 302-11 0-0000-0280-133E-611 00-45554-3-01 4,000.00 I Education Capital Equipment 302-11 0-0000-0280-133E-611 00-48821-3-01 39,400.00 Academic Coach 302-11 0-0000-0420-133E-611 00-41124-2-01 46,000.00 Supplemental Instruction 302-11 0-0000-0420-133E-611 00-41129-2-01 42,500.00 Retiree Health Credit 302-11 0-0000-0420-133E-611 00-42200-2-01 497.00 Social Security 302-11 0-0000-0420-133E-611 00-42201-2-01 6,770.00 Virginia Retirement 302-11 0-0000-0420-133E-611 00-42202-2-01 6,353.00 System Health/Dental 302-11 0-0000-0420-133E-611 00-42204-2-01 12,060.00 Group Life Insurance 302-11 0-0000-0420-133E-611 00-42205-2-01 377.00 Contracted Services 302-11 0-0000-0420-133E-611 00-43313-2-01 8,000.00 Travel - Conventions & 302-11 0-0000-0420-133E-611 00-45554-2-01 4,000.00 Education Instructional Supplies 302-11 0-0000-0420-133E-611 00-46614-2-01 37,150.00 Capital Equipment 302-11 0-0000-0420-133E-611 00-48821-2-01 15,460.00 Academic Coach 302-11 0-0000-0430-133E-611 00-41124-2-01 61,687.00 Retiree Health Credit 302-11 0-0000-0430-133E-611 00-42200-2-01 370.00 Social Security 302-11 0-0000-0430-133E-611 00-42201-2-01 4,719.00 Virginia Retirement 302-11 0-0000-0430-133E-611 00-42202-2-01 5,509.00 System Health/Dental 302-11 0-0000-0430-133E-611 00-42204-2-01 11,040.00 Group Life Insurance 302-11 0-0000-0430-133E-611 00-42205-2-01 173.00 Contracted Services 302-110-0000-0430-133E-61100-43313-2-01 19,510.00 Travel - Conventions & 302-11 0-0000-0430-133E-611 00-45554-2-01 10,000.00 I Education Instructional Supplies 302-11 0-0000-0430-133E-611 00-46614-2-01 6,000.00 Capital Equipment 302-11 0-0000-0430-133E-611 00-48821-2-01 56,600.00 Academic Coaches 302-11 0-0000-0280-157E-611 00-41124-3-01 223,826.00 Retiree Health Credit 302-11 0-0000-0280-157E-611 00-42200-3-01 1,342.00 Social Security 302-11 0-0000-0280-157E-611 00-42201-3-01 17,122.00 Virginia Retirement 302-11 0-0000-0280-157E-611 00-42202-3-01 19,988.00 System Health/Dental 302-11 0-0000-0280-157E-611 00-42204-3-01 24,130.00 Group Life Insurance 302-11 0-0000-0280-157E-611 00-42205-3-01 626.00 Contracted Services 302-11 0-0000-0280-157E-611 00-43313-3-01 19,300.00 Travel - Conventions & 302-11 0-0000-0280-157E-611 00-45554-3-01 8,000.00 Education Materials and Supplies 302-11 0-0000-0280-157E-611 00-46614-3-01 43,999.00 Academic Coaches 302-11 0-0000-0420-157E-611 00-41124-2-01 188,000.00 Supplemental Instruction 302-11 0-0000-0420-157E-611 00-41129-2-01 85,000.00 Retiree Health Credit 302-11 0-0000-0420-157E-611 00-42200-2-01 1,638.00 Social Security 302-11 0-0000-0420-157E-611 00-42201-2-01 20,885.00 Virginia Retirement 302-11 0-0000-0420-157E-611 00-42202-2-01 24,389.00 System Health/Dental 302-11 0-0000-0420-157E-611 00-42204-2-01 29,657.00 Group Life Insurance 302-11 0-0000-0420-157E-611 00-42205-2-01 764.00 Travel - Conventions & 302-11 0-0000-0420-157E-611 00-45554-2-01 8,000.00 I Education Academic 303-11 0-0000-0350-157S-611 00-41124-2-01 1,107,690.00 Coaches/Content I I I Specialists Retiree Health Credit Social Secu rity Virginia Retirement System Health/Dental Group Life Insurance Contracted Services Travel - Conventions & Education Capital Equipment Contracted Services, Elementary Contracted Services, Secondary Mileage, Elementary Mileage, Secondary Professional Development, Elementary Professional Development, Secondary Instructional Supplies, Elementary Instructional Supplies, Secondary Purchased Services Personnel, Supplemental Duty Social Security Revenues Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts Private Foundation Grants Federal Grant Receipts 303-11 0-0000-0350-157S-611 00-42200-2-01 303-11 0-0000-0350-157S-611 00-42201-2-01 303-11 0-0000-0350-157S-611 00-42202-2-01 303-11 0-0000-0350-157S-611 00-42204-2-01 303-11 0-0000-0350-157S-611 00-42205-2-01 303-11 0-0000-0350-157S-611 00-43313-2-01 303-11 0-0000-0350-157S-611 00-45554-2-01 303-11 0-0000-0350-157S-611 00-48821-2-01 302-110-11 04-0000-169E-611 00-43313-2-01 302-110-11 04-0000-169E-611 00-43313-3-01 302-110-11 04-0000-169E-611 00-45551-2-01 302-110-11 04-0000-169E-611 00-45551-3-01 302-110-11 04-0000-169E-611 00-45554-2-01 302-110-11 04-0000-169E-611 00-45554-3-01 302-110-1104-0000-169E-61100-46614-2-01 302-110-11 04-0000-169E-611 00-46614-3-01 302-11 0-0000-0350-766E-651 00-43313-2-01 302-110-110 1-0000-137E-611 00~41129-2-0 1 302-110-11 01-0000-137E-611 00-42201-2-01 302-000-0000-0000-133E-00000-38010-0-00 302-000-0000-0000-157E-00000-38377 -0-00 303-000-0000-0000-157S-00000-38388-0-00 302-000-0000-0000-169E-00000-38365-0-00 302-000-0000-0000-766E-00000-33808-0-00 302-000-0000-0000-137E-00000-38365-0-00 481 6,646.00 84,738.00 98,917.00 125,797.00 3,102.00 190,410.00 18,000.00 91,950.00 2,689.00 2,689.00 1,972.00 1,972.00 896.00 896.00 12,369.00 12,369.00 5,000.00 2,206.00 169.00 533,942.00 716,666.00 1,727,250.00 35,852.00 5,000.00 2,375.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: AALm. 1nf>>yJ Stephanie M. Moon, CM~ City Clerk APPROVED David A. Bowers Mayor 482 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 18th day of October, 2010. No. 38984-101810. A RESOLUTION paying tribute to James Grigsby on the occasion of his retirement upon fifteen years of service with the City of Roanoke. WHEREAS, Mr. Grigsby was born and raised in Cincinnati, Ohio, and served his country for four years as a member of the United States Air Force; WHEREAS, Mr. Grigsby has associates degree in both firefighting and law enforcement, as well as a Bachelor's degree from Upper Iowa University and a Master's degree from Golden Gate University, as well as being a graduate of the Police Executive Research Forum; WHEREAS, Mr. Grigsby launched what would become a 38-year public service career with the Hampton, Virginia, Fire Department in 1972, where he rose to the rank of Captain; WHEREAS, Mr. Grigsby subsequently worked as Fire Chief for the Fire Department of Lee's Summit, Missouri, and as Deputy Chief of Public Safety in the I combined Fire/Police Department of Kalamazoo, Michigan; WHEREAS, Mr. Grigsby joined the City of Roanoke as Chief of the Fire-EMS Department in October 1995, where he oversaw the combining of the Fire and EMS functions into one department, developed a Master Plan for the Fire-EMS Department, led the department to earn national accreditation in 2002, and led the ISO rate reduction for the city from a Class 3 to Class 2 ISO city; WHEREAS, Mr. Grigsby was appointed as Acting Assistant City Manager for Operations in July 2005 upon the retirement of Chip Snead, and was invited the following year to accept the role as a permanent position; WHEREAS, during his service as Assistant City Manager, Mr. Grigsby oversaw several departments within the city including Fire-EMS, General Services, Human Resources, Public Works, Technology, Civic Facilities and Valley Metro; WHEREAS, under Mr. Grigsby's leadership, the city successfully privatized management of the Roanoke Civic Center with Global Spectrum, worked closely with First Transit to ensure a smooth transition regarding staff changes for the management of Valley Metro, and led the remodeling of the northern wing of the Noel C. Taylor Municipal Building to which various city department offices have been relocated; I I I I 483 WHEREAS, Mr. Grigsby is a longtime member of the National Fire Protection Association and the International Association of Fire Chiefs, past president of the Kansas City Fire Chiefs Association, member of the Board of Directors of the Virginia Fire Chiefs Association, as well as the Board of the local Red Cross; WHEREAS, Mr. Grigsby is a nationally accredited chief fire officer, has received a Fellowship from the National Fire Academy, has been awarded Executive Fire Officer status by the National Fire Academy, and has taught fire classes at the Fire Academy as well as several college systems; WHEREAS, Mr. Grigsby is a devoted husband to wife, Shirley, and father to son, Bobby, and daughter, Patty, and a dedicated member of First Baptist Church; WHEREAS, Mr. Grigsby's effective management of the departments under his section has been a great asset to Roanoke, and his long experience with city government and public safety agencies has been invaluable in helping the city excel in a broad range of services we provide to residents; WHEREAS, in addition to his leadership, Mr. Grigsby will be remembered for his teamwork, his commitment to service, and his ready sense of humor; NOW, THEREFORE, BE IT ~ESOL VED by the Council of the City of Roanoke: 1. That it expresses a sincere appreciation to James Grigsby for his dedicated service to the citizens of the City of Roanoke, Virginia. 2. That it recognizes the exemplary dedication shown by James Grigsby to the highest standards of professional performance and service. 3. Grigsby. That an attested copy of this Resolution shall be forwarded to James APPROVED ATTEST: fl,~fh'~D~ Stephanie M. Moon, CMC City Clerk ~~~~-~ ~ ~' ~ - David A. Bowers Mayor 484 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. I No. 38985-101810. 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. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Boreham B. Johnson 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 October 21 , 2010, and expiring October 20, 2014. APPROVED I ATTEST: ~m.Y!Jp,pJ Stephanie M. Moon, CMC City Clerk c~- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38986-101810. AN ORDINANCE accepting the bid of Market Building Partners, LP, to execute a Lease Agreement to renovate, repair, and operate the City-owned historic City Market Building located at 32 Market Square, S. E., Roanoke, Virginia, for a term of up to forty (40) years (Lease Agreement); authorizing the execution of such Lease Agreement and certain related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, I and enforce such Lease Agreement; noting that only one bid was received; approving and ratifying the acts of the City Manager and/or other City staff in connection with I I I 485 obtaining and/or furtherance of the execution, delivery, and performance of the Lease Agreement; providing for an effective date; and dispensing with the second reading by title of this Ordinance; WHEREAS, City Council has determined that the City of Roanoke, Virginia (City) has an immediate need for the renovation, repair, and the operation of the historic City Market Building located at 32 Market Square, S. E., Roanoke, Virginia (Property) to serve the needs of the residents of the City (such renovation, repair, and operation of the Property being referred to as the "Project"); WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution of a Lease Agreement for the Project, including a proposed Lease Agreement and Lease Buy-Out Agreement for review; WHEREAS, the City desires to enter into a Lease Agreement in order to facilitate the Project so that the Property may be used for a Market Building for retail food and goods, similar to its prior uses, which includes subleases to subtenants, and that such Lease Agreement will be made to the successful bidder, which will enhance the economic development of the downtown area and benefit the residents of the City and surrounding area; . WHEREAS, the City will have an option to buyout the Lease Agreement after a stipulated period (City Option); WHEREAS, one bid for the execution of a Lease Agreement for the Project was received pursuant to the advertisement and was publicly opened at the Council meeting held on October 18, 2010; WHEREAS, Council held a public hearing on this matter at its meeting on October 18, 2010, at which all persons were accorded a full and fair opportunity to comment with respect to the proposed Lease Agreement; and WHEREAS, City Council determined that the bid of Market Building Partners, LP, ("Lessee") to execute the Lease Agreement for the Project, upon certain terms and conditions, was the only responsive and responsible bid received by the City and Council is desirous of accepting such bid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 486 1. The bid of Lessee to execute a Lease Agreement for the Project for a period of forty years, along with a lease buyout option, and upon Lessee's commitment to complete the Project so that the Property may be used as a City Market Building for retail food and goods, and public and private gatherings, which includes subleases by tenants, which will enhance economic development downtown and within the City, and upon such other terms and conditions as the City Manager may deem appropriate and agree to, is hereby accepted. I 2. It is noted that no other bids were received for the above matter. 3. The City Manager is hereby authorized to execute a Lease Agreement between the City and Lessee for the Project, upon such terms set forth above and in substantial conformance with the proposed Lease Agreement described by the public advertisement for the bids, and upon such other terms and conditions as the City Manager deems appropriate and may agree to with Lessee, as further set forth in the City Manager's report to this Council dated October 18, 2010. 4. The City Manager is authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Lease Agreement, and any such other agreements or documents relating to the Project, including, but not limited to: (a) Lease Buy-Out Option Agreement; I (b) assignments to the Lessee of the construction contract dated June 22, 2010, between the City and Martin Bros. Contractors, Incorporated (d/b/a MB Contractors, Inc.), as amended; the architectural and engineering contract for professional services dated January 29, 2009, between the City and Cunningham+Quill Architects, PLLC, as amended; the environmental inspection and testing services contract dated September 9, 2010, between the City and ECS - Mid-Atlantic, LLC; the contract for LEED commissioning services dated April 19, 2010 between the City and 2rw Consultants, Inc.; the contract for architectural historian services dated November 3, 2009, between the City and Hill Studio, P,C., as amended; and any other associated contracts entered by the City related to services to be provided to the Project; (c) (d) and/or any necessary co-development agreement relating to the Project; any necessary contribution agreement relating to the Project; (e) any necessary performance agreement relating to the Project. 5. The form of the above mentioned Lease Agreement and the other I documents referred to above are to be approved by the City Attorney. I I I 487 6. The City Manager shall keep City Council advised of any substantial changes to the Lease Agreement and any of the other documents referred to above. Such notification, to the extent reasonably practical, shall be prior to the City Manager executing any such documents. 7. The City Attorney is authorized to record or cause to be recorded the Lease Agreement (or a Memorandum thereof) in the Clerk's Office for the Circuit Court of the City of Roanoke. 8. All acts of the City Manager and other City staff that occurred prior to or occur after the adoption of this Ordinance that are in conformity with the purposes and intent of this Ordinance and in furtherance of the execution, delivery, and performance of the City Lease Agreement, and/or the undertaking of the Project are hereby approved and ratified. 9. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 10. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: ~'rr-J'~D~ Stephanie M. Moon, CMC City Clerk ~d~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of October, 2010. No. 38987-101810. AN .ORDINANCE permanently vacating, discontinuing and closing certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Breakell Inc. filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; 488 WHEREAS, the City Planning Commission, after giving proper notice to all I concerned as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 18, 2010, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An approximately 100 square foot portion of Patterson Avenue, S. W., adjoining the northeastern corner of a parcel bearing Official Tax No. 1313101 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement tor 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-ot-way, together with the right ot ingress and egress tor the maintenance or replacement ot such lines, mains or utilities, such right to include the right to remove, without the payment ot 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 installati<?n o~ other utility or facility by the owner thereof. I I I I I 489 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the subdivision plat referenced in the previous paragraph shall transfer to the City of Roanoke such property as shown in Exhibit No. 1 attached to the Amended Application No.1 dated September 22, 2010, as consideration pursuant to 915.2-2008, Code of Virginia (1950), as amended, for the vacated right-of- way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~..~~ City Clerk ~~~""h"" ~ ~ -----~ David A. Bowers Mayor 490 IN THE COUNCIL OF THE CITY OF ~OANOKE, VIRGINIA, The 18th day of October, 2010. I No. 38988-101810. AN ORDINANCE permanently vacating, discontinuing and, closing a certain public right-of~way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS;. Ward Mills filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close the public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 930-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 18, 2010, 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 .1.' citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An approximately 900 square foot portion of 24th Street, S. W., between an alley and Avenham Avenue, S.W., and adjacent to the northern boundary of the parcel bearing Official Tax No. 1051910 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, I 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 ..11 I I I 491 mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that closure of the subject right-of-way shall be subject to the condition that the applicant shall construct curb and gutter along the entire frontage of 24th Street adjacent to the northern boundary of the applicant's property, exclusive of any driveway entrance. BE IT FURTHER ORDAINED'that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right-of-way to be vacated in a manner consistent with law, retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year 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. 492 BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City I Charter, the"second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~. ;)~ Stephanie M. Moon~ City Clerk CS)Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 38989-110110. A RESOLUTION paying tribute to the Roanoke Valley Veterans Council and its donation of one hundred flags in preparation for the Virginia's Veterans Parade on November 6, 2010. I WHEREAS, the Roanoke Valley Veterans Council was founded in 1962 to bring together area veterans-service and military-service organizations to serve a common purpose; WHEREAS, this purpose is to better the lives of our veterans through the recognition of veterans' needs individually and in groups, and to maintain and enhance public awareness and knowledge of veterans' contributions to our Nation, to the Commonwealth of Virginia, to their communities, and to their families; WHEREAS, the Roanoke Valley Veterans Council proudly represents Veterans of Foreign Wars, American Legion, Disabled American Veterans, The 40 & 8, 29th Division Association, Fleet Reserve Association of the United States Army, AMVETS, American Ex-POWs, Vietnam Veterans of America, Pearl Harbor Survivors Association, Air Force Association, Military Officers Association of America, Reserve Officers Association,. Marine Corps League, Military Order of the Purple Heart, 82nd Airbome Association, Women Accepted for Volunteer Emergency Service (WAVES), Military Order of the World Wars, and the Career Armed Forces Reserve Associations; WHEREAS, past projects undertaken by the Roanoke Valley Veterans Council include the Roanoke Valley War Memorial Plaza at the comer of Second Street and Church Avenue - a volunteer effort to raise funds, commission the memorial tablets and dedicate them as a gift to the community; I I I I 493 WHEREAS, the Roanoke Valley Veterans Council will host the first annual Virginia's Veterans Parade on Jefferson Street in downtown Roanoke on Saturday, November 6, 2010, at 11 a.m. to celebrate 'and honor the dedication and courage of the Valley's men and women who have served their country, both veterans and active duty; and WHEREAS, the one hundred flags generously donated by the Roanoke Valley Veterans Council will not only decorate the parade route but will replace worn flags throughout the City, so that the new flags can be proudly displayed on national holidays such as Presidents Day, Memorial Day, Independence Day, Labor Day, and Veterans Day. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council adopts this Resolution as a means of honoring the Roanoke Valley Veterans Council and its donation of flags to the City. 2. The City Clerk is directed to forward an attested copy of this Resolution to Mr. Dan Kames, Lieutenant Colonel, United States Army (Ret.), President, Roanoke Valley Veterans Association. APPROVED ATTEST: . ^ -~&W Stephanie M. Moon, CMC . City Clerk ~ David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 38990-110110. A RESOLUTION authorizing acceptance of the Safe Havens: Supervised Visitation and Safe Exchange Grant Program grant from the United States Department of Justice, Office on Violence Against Women, in the amount of $350,000.00, and authorizing execution of the sub-grant agreement between the City and Total 'Action Against Poverty in Roanoke Valley ("TAP") to continue the services the grant will enable, and any additional documents required to accept the grant. 494 BE IT RESOLVED by the Council of the City of Roanoke that: 1 . The City of Roanoke hereby accepts the Safe Havens: Supervised Visitation and Safe Exchange Grant Program grant from the United States Department of Justice, being Grant Number 2010-CW-AX-K005, in the amount of $350,000.00, for the period commencing October 1, 2010, until September 30, 2013, to continue the provision of services for the victims of domestic violence, sexual assault, and stalking, as set forth in the November 1, 2010, Report 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 Roanoke Valley, to continue 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: ~ hi. hJ.\o.l Stephanie M. Moon, CMC IV City Clerk ~- ~..w- ~f!~- , David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 2010. No. 38991-110110. 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 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I I I I I I Appropriations Fees for Professional Services Training and Development Printing Revenues Safe Havens Visitation & Exchange FY11 35-630-5007-2010 35-630-5007 -2044 .35-630-5007-2075 35-630-5007 -5007 495 $348,000.00 1,500.00 500.00 350,000.00 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(}T0 Stephanie M. Moon, CMC . City Clerk ~@- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 38992-110110. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $30,000.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $30,000.00, with no local match from the City, to be used for Regional Cooperation during the period of July 1, 2010 through June 30, 2011, for the purpose of administering the Workforce Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in the City Manager's Report dated November 1, 2010, 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. 496 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: ~hJ.~OW Stephanie M. Moon, CMC City Clerk S;<<Jh.../\- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 2010. No. 38993-110110. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY11 Regional Cooperation Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and I dispensing with the second reading by title of this ordinance. . BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Local Mileage Business Meals and Travel Marketing Supplies Contract Services Revenues WIA Regional Cooperation FY11 35-633-2377-2046 35-633-2377 -2144 35-633-2377 -8053 35-633-2377 -8055 35-633-2377 -8057 $ 500.00 1,500.00 5,500.00 7,500.00 15,000.00 35-633-2377 ""2377 30,000.00 I I I I 497 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: #I? ~ 'rO) -11I0071; Stephanie M. Moon, CMC l City Clerk ~~ot~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 38994-110110. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $10,000.00, and authorizing the City Manager to execute the requisite documents necessary to accept the funding. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $10,000.00, with no local match from the City, to be used for Exemplary Performance during the period of July 1, 2010 through June 30, 2011, for the purpose of administering the Workforce Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in the City Manager's Report dated November 1, 2010, 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. " 498 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: ~m.DiooV Stephanie M. Moon, CMk City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 2010. No. 38995-110110. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY11 Exemplary Performance Grant, amending and reordaining certain sections of the 2010-2011 Grant Fund Appropriations, and I dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Local Mileage Business Meals and Travel Marketing Supplies Equipment Revenues WIA Exemplary Performance FY11 35-633-2376-2046 35-633-2376-2144 35-633-2376-8053 35-633-2376-8055 35-633-2376-8059 $ 500.00 500.00 4,000.00 4,000.00 1 ,000.00 35-633-2376-2376 10,000.00 I I I I 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: ~~ n,. O'rIoorJ Stephanie M. Moon, CMC L City Clerk ~~- . David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 2010. No. 38996-110110. A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, Amendment No. 2 to the FY 2009 Community Development Block Grant ("CDBG") and HOME Investment Partnerships Program ("HOME") Subgrant Agreement with Total Action Against Poverty in Roanoke Valley ("TAP") for housing activities in the City's Hurt Park neighborhood. WHEREAS, by Resolutions Nos. 38212-090208 and 38642-111609, the Council of the City of Roanoke, Virginia, ("Council") approved, respectively, the execution of a Subgrant Agreement with TAP and Amendment No.1 for housing activities in the City's Hurt Park neighborhood; WHEREAS, by Resolution No. 38808-051010, Council approved the City's 2010- 2015 Consolidated Plan for submission to the U.S. Department of Housing and Urban Development, including additional CDBG and HOME funding for TAP's activities; and WHEREAS, by Resolution No. 38845-062110 and by Budget Ordinance No. 38846-062110, Council accepted and appropriated the 2010-2011 CDSG and HOME funds. 500 THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City I Clerk, are hereby authorized to execute and attest, respectively, on behalf of the City, . Amendment No. 2 to the FY 2009 CDBG and HOME Subgrant Agreement with TAP, approved as to form by the City Attorney, within the limits of funds and for the purposes as are more particularly set forth in the City Manager's report dated November 1, 2010, to this Council. APPROVED ATTEST: ~'or,.~tU Stephanie M. Moon, CMC City Clerk &r~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 38997-110110. I AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings to various Department of Technology projects, 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 certain 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 Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Fund Balance Retained Earnings-Available Reserve-Future Telephone Replacement 13-430-9828-9003 13-430-9845-9003 13-430-9854-9003 $25,000.00 50,000.00 50,000.00 13-3368 (100,000.00) (25,000.00) 13-3348 I I I I 501 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ~PPROVED ATTEST: ~~~OON City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 38998-110110. A RESOLUTION requesting that the Governor and General Assembly take action to prevent exploitative payday lending practices in the Commonwealth of Virginia. WHEREAS, Council senses from the citizens of the City significant concern over what are perceived to be exploitative payday lending practices in the City and elsewhere in the Commonwealth; WHEREAS, Council shares these concerns and wishes to request that the General Assembly and the Governor of Virginia take action to prevent such exploitative payday lending practices; and WHEREAS, it is vital that the General Assembly and the Governor of Virginia give their earnest attention to these matters at the next regular session of the General Assembly and enact laws that will prevent exploitative payday lending practices. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly and the Governor of the Commonwealth of Virginia are requested to take action during the next regular session of the General Assembly of Virginia to enact laws that: 1. Will prevent exploitative payday lending practices, such as charging rates in excess of 36% APR for consumer loans. 502 2. Incorporate into the Code of Virginia the same prohibitions regarding I consumer credit to military personnel as are contained in the Military Lending Act, 10 United States Code, Section 987. APPROVED ATTEST: M~~. 'VY'oo--,.J Stephanie M. Moon, CMC \ City Clerk <g)~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 38999-110110. A RESOLUTION requesting that the General Assembly adopt legislation making the sale or use of products containing synthetic cannabinoids illegal in the I Commonwealth of Virginia. WHEREAS, products are being sold in the Commonwealth under a variety of names, such as K2, Spice Gold, and herbal "incense," which contain synthetic cannabinoids, which mimic the effects of drugs such as marijuana, hashish, and other forms of cannabis; WHEREAS, current State law is unclear as to whether such products legally may be sold or used in the Commonwealth; WHEREAS, it does not appear that the use of synthetic cannabinoids is safe, in that they cause tachycardia (elevated heart rate), elevated blood pressure, anxiety, numbness and tingling, vomiting, hallucinations, tremors and seizures, and there are reports of hospitalizations in the region because of their use; and WHEREAS, some states have adopted legislation prohibiting the sale or use of products containing synthetic cannabinoids. I I I I 503 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the General Assembly is requested to adopt legislation making "spice". and products containing synthetic cannabinoids illegal and a controlled substance under Title 18.2 of the Code of Virginia. APPROVED ATTEST: k.J! ~ IY). mtl() III Stephanie M. Moon, CMC / City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of November, 2010. No. 39000-110110. A RESOLUTION adopting certain new Reserve and Debt Management Policies for the City, and repealing certain related current policies. WHEREAS, on May 10, 2005, Council, by the adoption of Resolution 37053- 051005 approved and adopted a Budget Stabilization Policy, by the adoption of Resolution 37504-051005, approved and adopted a Debt Policy, and by the adoption of Resolution 37056-051005, approved and adopted an Economic and Community Development Reserve Policy for the City; and WHEREAS, Council desires to repeal the three policies identified above and to replace them with new Reserve and Debt Management Policies. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Resolution 37053-051005 adopting a Budget Stabilization Policy, Resolution 37054-051005 adopting a Debt Policy, and Resolution 37056-051005 adopting an Economic and Community Development Reserve Policy for the City, be and they are hereby REPEALED. 504 2. The Reserve and Debt Management Policies dated November 1, 2010, I recommended in the Director of Finance's letter to Council of November 1, 2010, are hereby approved and adopted. APPROVED ATTEST: ~~Yn.~OhJ Stephanie M. Moon, CMC '--= City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 39001-110110. AN ORDINANCE amending Chapter 2, Administration, Article VIII, Finance Generallv, of the Code of the City of Roanoke (1979), as amended, by repealing 92- 188.1, Reserve for self-insured liabilities; and dispensing with the second reading by title paragraph of this ordinance. I BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 2, Administration, Article VIII, Finance Generallv, of the Code of the City of Roanoke (1979), as amended, is hereby amended by the repeal of 92-188.1, Reserve for self-insured liabilities, as follows: Sec. 2 188.1. Reserve for self insured liabilities. /\t the oonolusion of eaoh ficoal year, two hundred fifty thousand dollars ($260,000.00), to the extent available from any undeEignated general fund balanoe at the end of suoh fisoal year, Ghall be reGerved for celf inGured liabilitieG of the city. Under no oircumstanceG Ghall suoh reserve oreate a defioit in the general fund. The maximum balanoe of the reserve Ghall be three (3) percent of the total general fund appropriations for the oonoluded fisoal year. FundG reserved for self insured liabilities Ghall be expended only pUrGuant to ordinanoe adopted by counoil. The proviGions of thiG seotion shall be implemented prior to section 2 189 of thiG Code relating to reserve for oapital improvements and oapital maintenance and equipment replaoement. I ,. ., I I I 505 2. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: ~m.mb<h0 Stephanie M. Moon, CMd City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of November, 2010. No. 39002-11 011 O. A RESOLUTION supporting and endorsing the Route 419 Corridor Plan (March 2010) as a guide to the installatiqn and improvement of public infrastructure within the Route 419 planning area. WHEREAS, the Route 419 Corridor Plan ("Plan") was the result of a regional planning effort that included the cities of Roanoke and Salem, the County of Roanoke, the Greater Roanoke Transit Company, the Roanoke Valley Greenway Commission, and the Virginia Departments of Transportation and Rail and Public Transportation, and was managed by the Roanoke Valley Area Metropolitan Planning Organization ("MPO") and the Virginia Department of Transportation ("VDOT"); WHEREAS, City of Roanoke staff participated in the Plan's development through a 419 Technical Committee, and public input was sought at many points during the plan development, including public meetings and presentations to elected officials, focus groups, and stakeholders; WHEREAS, the MPO includes two representatives from the City of Roanoke, and the MPO adopted the Plan on March 25, 2010; and WHEREAS, this Plan is compatible with the City of Roanoke's interests and goals related to coordinated regional multimodal transportation. 506 THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that City I Council supports and endorses the Route 419 Corridor Plan and encourages the City Manager to work with the MPO, VDOT, and other localities to implement the recommendations outlined in the Plan. APPROVED ATTEST: ~~~~oW City Clerk ~~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 2010. No. 39003-111510. A RESOLUTION authorizing the acceptance of a U.S. Environmental Protection I Agency (EPA) Brownfield Assessment Grant (hazardous substances) to fund environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances; approving and ratifying the execution of a Cooperative Agreement between the City and the EPA and authorizing the City Manager to implement, administer, and enforce such Agreement; and authorizing the City Manager to execute any necessary additional documents, to provide additional information, and to take any necessary actions to receive, implement, and administer such Assessment Grant, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EPA Brownfield Assessment Grant (hazardous substances) from the EPA in the amount of $200,000.00 to provide funds for environmental investigations of brownfield properties within the City of Roanoke that are suspected of being contaminated by hazardous substances, all as more particularly set forth in the City Manager's report dated November 15, 2010, to this Council. 2. The Cooperative Agreement dated September 10, 2010, between the City and the EPA, which has been executed, is hereby approved and ratified. I I I I 507 3. The City Manager is authorized to execute such other documents, approved as to form by the City Attorney, and take such further actions - as may be necessary to implement, administer, and enforce the above mentioned Cooperative Agreement. 4. The City Manager is further authorized to execute any necessary additional documents, approved as to form by the City Attorney, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such Assessment Grant, including establishing guidelines for the use of such Grant funds. APPROVED ATTEST: ~~,'~nW City Clerk <v"Q07~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 2010. No. 39004-111510. AN ORDINANCE to appropriate funding from the Federal Government for the Environmental Protection Agency Brownfield Assessment Hazardous Substance Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby; amended and reordained to read- and provide as follows: Appropriations Professional Services Travel and Training Program Supplies Revenues Brownfield Assessment-Hazardous Substance 35-615-8099-2010 35-615-8099-2044 35-615-8099-2066 $ 192,000.00 5,000.00 3,000.00 35-615-8099-8099 200,000.00 508 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: .1h- ~ -, h- /d;)~ u U } '!:JOCl->v Stephanie M. Moon, CMC City Clerk ~~~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 2010. No. 39005-111510. A RESOLUTION authorizing acceptance of funds 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 funds in the amount of $12,000.00, with no matching funds required from the City, to be awarded to the Roanoke City Police Department to be used for vehicle fuel and vehicle maintenance to operate the four warrant service vehicles previously donated in August 2009, to the Roanoke City Police Department. This funding is more particularly described in the report of the City' Manager to Council, dated November 15, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents required to accept such funding. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: ~m.MoD'lu Stephanie M. Moon, cl1c City Clerk Mayor I I I I I I 509 IN THE COUNCIL OF THE .cITY OF ROANOKE, VIRGINIA, The 15th day of November, 2010. No. 39006-111510. 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'201 0-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Motor Fuels and Lubricants Revenues US Marshals Automotive Grant FY11 35-640-3664-2038 $12,000.00 35-640-3664-3664 12,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~~,'~ City Clerk ~~6~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 2010. No. 39007-111510. AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. ....., ,,I.' . 510 BE IT ORDAINED by the Council of the City of Roanoke that the following I sections of the 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Project .Manager Site Coordinators Substitutes Social Security Contracted Services Field Trip Transportation Travel-Fares Travel-Subsistence & Lodging Travel - Conventions & Education Materials and Supplies Intervention Specialist Intervention Specialist Intervention Specialist Intervention Specialist Intervention Specialist Supplemental Duty Supplemental Duty Supplemental Duty Supplemental Duty Supplemental Duty Retiree Health Credit Social Security VRS Health/Dental Insurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Dental Insurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Dental Insurance Group Life Insurance Retiree Health Credit Social Security VRS Health/Dental Insurance Group Life Insurance Retiree Health Credit 302-110-1307-1 000-170E-611 00-41124-3-01 302-110-1307-1000-170E-61100-41129-3-01 302-110-1307-1 000-170E-611 00-41 021-3-01 302-110-1307 -1 000-170E-611 00-42201-3-01 302-110-1307-1 000-170E-611 00-43313-3-0 1 302-110-1307-1 000-170E-611 00-43343-3-01 302-110-1307-1 000-170E-611 00-45552-3-01 302-110-1307-1 000-170E-611 00-45553-3-01 302-110-1307-1 000-170E-611 00-45554-3-01 302-110-1307-1 000-170E-611 00-46614-3-01 302-110-1315-0280-1650-61100-41125-3-01 302-110-1315-0210-1650-61100-41125-3-01 302-110-1315-0230-1650-61100-41125-3-01 302-110-1315-0150-1650-61100-41125-3-01 302-110-1315-0450-1650-61100-41125-3-01 302-110-1315-0280-1650-61100-41129-3-01 302-110-1315-0210-1650-61100-41129-3-01 302-110-1315-0230-1650-61100-41129-3-01 302-110-1315-0150-1650-61100-41129-3-01 302-110-1315-0450-1650-61100-41129-3-01 302-110-1315-0280-1650-61100-42200-3-01 302-110-1315-0280-1650-61100-42201-3-01 302-110-1315-0280-1650-61100-42202-3-01 302-110-1315-0280-1650-61100-42204-3-01 302-110-1315-0280-1650-61100-42205-3-01 302-110-1315-0210-1650-61100-42200-3-01 302-11 0-1315-021 0-1650-611 00-42201-3-01 302-110-1315-0210-1650-61100-42202-3-01 302-110-1315-0210-1650-61100-42204-3-01 302-110-1315-0210-1650-61100-42205':3-01 302-110-1315-0230-1650-61100-42200-3-01 302-110-1315-0230-1650-61100-42201-3-01 302-110-1315-0230-1650-61100-42202-3-01 302-110-1315-0230-1650-61100-42204-3-01 302-110-1315-0150-1650-61100-42205-3-01 302-110-1315-0150-1650-61100-42200-3-01 302-110-1315-0150-1650-61100-42201-3-01 302-110-1315-0150-1650-61100-42202-3-01 302-110-1315-0150-1650-61100-42204-3-01 302-110-1315-0150-1650-61100-42205-3-01 302-110-1315-0450-1650-61100-42200-3-01 $1,428.00 6,300.00 425.00 1,719.00 5,475.00 5,400.00 1,050.00 1,440.00 1,395.00 19,015.00 27,832.00 28,882.00 28,882.00 41,112.00 38,614.00 5,175.00 ( I 5,175.00 .' 5,175.00 5,175.00 5,747.00 127.00 . 2,087.00 2,042.00 3,495.00 32.00 133.00 2,167.00 2,136.00 3,510.00 35.00 133.00 2,167.00 2,136.00 3,510.00 35.00 198.00 3,102.00 3,130.00 3,214.00 59.00 232.00 I I I I Social Security VRS Health/Dental Insurance Group Life Insurance Contracted Services Travel-Mileage Travel-Subsistence and Lodging Testing/Evaluation Non-capital Technical Hardward Technology Hardware Additions Revenues Federal Grant Receipts Local Match Federal Grant Receipts 302-11 0-1315-0450-1650-611 00-42201-3-01 302-110-1315-0450-1650-61100-42202-3-01 302-110-1315-0450-1650-611 00-42204-3-01 302-110-1315-0450-1650-61100-42205-3-01 302-11 0-1315-1 000-1650-611 00-43313-3-01 302-110-1315-1000-1650-61100-45551-3-01 302-11 0-1315-1 000-1650-611 00-45553-3-01 302-11 0-1315-1 000-1650-611 00-45584-3-01 302-110-1315-1000-1650-68100-46650-3-01 302-110-1315-1000-1650-68100-48210-3-01 302-000-0000-0000-170E-00000-38951-0-00 302-000-0000-0000-170E-00000-34588-0-00 . 302-000-0000-0000-1650-00000-38371-0-00 511 2,954.00 3,448.00 4,154.00 108.00 75,788.00 8,500.00 6,250.00 8,195.00 ( 36,500.00) 253,309.00 23,539.00 20,108.00 551,655.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: ~~'Io;~ Stephanie M. Moon, CMC City Clerk APPROVED ~J\~.&"h .. ~ -\L,\...J(J,~~---~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 2010. No. 39008-111510. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Valley SPCA 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 a public right-of-way described hereinafter; 512 WHEREAS, the City Planning Commission, after giving proper notice to all I 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 15, 2010, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A 10 foot alley between Baldwin Avenue, N. E., and Light Street, N. E., adjoining I properties bearing Official Tax Nos. 3210505 through 3210516, and 3210518 through 3210527 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. I I I I 513 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner bonsistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Two Thousand Five Hundred Thirty Three and No/100 Dollars ($2,533.00) as consideration pursuant to 915.2-2008, Code of Virginia (1950), as amended, for the vacation of the public's interest in the subject right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia,as.Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~on.YD)~ Stephanie M. Moon, CMC City Clerk ~Q1vNl.A. - ~~ ~ --- David A. Bowers Mayor 514 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 15th day of November, 2010. No. 39009-111510. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke 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 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 November 15, 2010, after due and timely notice thereof as required by 930-14, Code of I the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such certain 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: 0.1070 acres of right-of-way on the western side of Aviation Drive, N. W., varying in width up to approximately 25 feet and extending across the existing entrance to the Roanoke Regional Airport from approximately 90 feet south of the entrance to approximately 150 feet north of the entrance I I I I 515 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. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with Such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year 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. 516 BE IT FURTHER ORDAINED that if the above conditions are met, the City I Manager is authorized to execute a deed, quit claiming to the Roanoke Regional Airport Commission any interest the City of Roanoke may have in the vacated right-of-way. 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: ~~,~ City Clerk Davi A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 2010. No. 39010-111510. I AN ORDINANCE authorizing the conveyance of a 10-foot wide by 352.26-foot long above ground and underground utility easement across City-owned property located at 3527 Aerial Way Drive, designated as Tax Map No. 5210711 R, to Verizon Virginia Inc., 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 10-foot wide, by 352.26-foot long, above ground and underground utility easement, across City-owned property located at 3527 Aerial Way Drive, designated as Tax Map No. 5210711 R, to Verizon Virginia Inc., to relocate a communication system in order to allow for benchcuts needed in connection with the Roanoke River FloodReduction Project, Benchcuts 36 and 44, along Aerial Way Drive, as more particularly set forth in the City Manager's report to this Council dated November 15, 2010. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. I I I I 517 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: A~6n,~~ Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of November, 2010. No. 39011-111510. AN ORDINANCE to amend 9 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Frederick W. Thomas, Jr., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at the intersection of Keagy Road and Crestmoor Drive, S. W., bearing Official Tax No. 5140201, rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain proffered 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 November 15, 2010, 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 518 WHEREAS, this Council, after considering the aforesaid application, the I 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: JL.. 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. 5140201 located at the intersection of Keagy Road and Crestmoor Drive, S. W., be, and is hereby rezoned from R-12, Residential Single Family District, to MX, Mixed Use District, subject to certain conditions proffered by the petitioner, as set forth in the Zoning Amendment Application dated September 2, 2010. 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: ~m.Y0\6W Stephanie M. Moon, CMd City Clerk ~<JJ&---- 'W --- -~ David A. Bowers Mayor I I I I 519 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39012-120610. A RESOLUTION naming W. Lee Wilhelm, Ill, as Roanoke's Citizen of the Year for 2010. WHEREAS, Mr. Wilhelm has served Roanoke personally and professionally in a variety of ways with a life-long dedication and commitment to making his community a better place; WHEREAS, Mr. Wilhelm has served six years as President of the Board of Directors of the YMCA of Roanoke Valley; seven years as Chairman of the Total Action Against Poverty This Valley Works Board of Commissioners; thirteen years as a member of the Council of Community'Services Board; four years as Treasurer of the United Way of the Roanoke Valley; five years as a member of the Roanoke Regional Chamber of Commerce Board of Directors, including Vice-Chair, Chair-Elect, Chair and Past-Chair of Economic Development; and is a lifelong memberof St. John's Episcopal Church; WHEREAS, Mr. Wilhelm's generous and selfless contribution's to the community have improved the quality of life for citizens of Roanoke by providing state-of-the-art facilities to address fitness and health needs, self sufficiency through education and employment skills training, innovative methods to address environmental concerns, and skilled workers for employers; THEREFORE, BE IT RESOLVED. by the Council of the City of Roanoke that W. Lee Wilhelm, III is named Citizen of the Year for 2010 in the City of Roanoke, Virginia. APPROVEO ATTEST: ~\61.~ Stephanie M. Moon, CMQ\' , City Clerk 'j ~0Ml~ - ;:i)~~C - - - David A. Bowers Mayor 520 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39013-120610. A RESOLUTION requesting designation of The Wilderness Road: Virginia's Heritage Migration Route, from Winchester to Cumberland Gap, and two applicable spurs - the Carolina Road and the Fincastle/Cumberland Gap Turnpike - as Virginia Byways and National Byways. WHEREAS, from 1775 to 1810 nearly 300,000 settlers traveled through Virginia to the Cumberland Gap, a westward migration significant to Virginia history and to the development of the United States of America; . WHEREAS, this historic migration of early pioneers followed closely what are now Routes 11, 58, and 23 from Winchester to Cumberland Gap (including the Daniel Boone Wilderness Trail-Route 58 from Moccasin Gap to Cumberland Gap), as well as other "spur" migration routes, such as the Carolina Road along Route 220 and the Fincastle Turnpike along Routes 42, 61, 19,460, 71 and 72; I WHEREAS, these migration routes are now being developed as driving routes I and trails to preserve, interpret and promote the history, heritage, and .culture of the-. early pioneer settlement and migration through Virginia, and the role that Virginia played in the growth of our nation; WHEREAS, the Wilderness Road organization has been formed under the leadership and guidance of the Virginia Tourism Corporation to promote The Wilderness Road: Virginia's Heritage Migration Route, including individual community loops for each locality, as a new tourism product to increase visitation and boost economic impact; WHEREAS, the National Scenic Byways Program, part of the U.S. Department of Transportation, Federal Highway Administration, is a grass-roots collaborative effort established to help recognize, preserve and enhance selected roads throughout the United States; WHEREAS, the Wilderness Road: Virginia's Heritage Migration Route, the Carolina Road, and the Fincastle/Cumberland Gap Turnpike embody the intrinsic archeological, cultural, historic, natural, recreational, and scenic qualities that support designation as scenic byways; and WHEREAS, since 1992, the National Scenic Byways Program has provided funding for almost 1 ,500 state and nationally designated byway projects in 48 states I I 521 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City requests that the Virginia Department of Transportation and the General Assembly of the Commonwealth of Virginia designate as Virginia Byways the Wilderness Road: Virginia1s Heritage Migration Route (including the Daniel Boone Wilderness Trail), and the Fincastle Turnpike and Carolina Road spur routes; 2. The City requests that the U.S. Department of Transportation, Federal Highway Administration, and United States Secretary of Transportation designate as National Byways the Wilderness Road: Virginia's Heritage Migration Route (including the Daniel Boone Wilderness Trail), and the spur Fincastle Turnpike and Carolina Road routes. 3. The City fully supports the efforts of the Wilderness Road <;>rganization to develop and promote the Wilderness Road: Virginia1s Heritage Migration Route including the Daniel Boone Wilderness Trail), and the spur Fincastle Turnpike and Carolina Road routes, as Virginia Byways and National Scenic Byways. APPROVED ATTEST: I ~n..~ Stephanie M. Moon, CMC City Clerk I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39014-120610. AN ORDINANCE authorizing the City Manager to execute a lease agreement with The Orvis Company, Inc., for approximately 3,000 square feet of space in the Center in the Square Parking Garage, located on Campbell Avenue, S. E., Roanoke, Virginia, for the purpose of operating a retail business; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on December 6, 2010, 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. 522 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as I follows: 1. The City Manager and the City Clerk are h~reby authorized, to execute and attest, respectively, in a form approved by the City Attorney, an agreement with The Orvis Company, Inc., for the lease of approximately 3,000 square feet of space in the Center in the Square Parking Garage, located on Campbell Avenue, S. E., Roanoke, Virginia, for a retail business, for a term of five years, commencing January 1, 2011, and ending December 31,2015, as further described in the City Manager's report to Council dated December 6, 2010. 2. The annual base rent for the first year shall be $11,118.72, with monthly rental payments in the amount of $926.56. The base rent shall be increased each year at the rate of tbree percent (3.0%). In addition to the base rent, the City shall receive additional rent in an amount equal to one and one-quarter percent (1.25%) of the gross revenue The Orvis Company, Inc., generates from sales on the premises the previous year. 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. 'i'Yjooyv Stephanie M. Moon, CMC City Clerk ~ ~~~~~..,,- ~~ - - -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39015-120610. A RESOLUTION authorizing acceptance of the Bulletproof Vest Partnership Granf made to the City of Roanoke by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, and authorizing execution of any required documentation on behalf of the City. I I I I I 523 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance the Bulletproof Vest Partnership Grant in the amount of $10,770.00, such grant being more particularly described in the report of the City Manager to Council dated December 6,2010. 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: ~ 'hi. 47)o&v0 Stephanie M. Moon, CMC City Clerk ~-Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY~OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39016-120610. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership' Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 524 Appropriations Wearing Apparel-Sheriff Wearing Apparel-Police Revenues Bulletproof Vest FY11-Sheriff Bulletproof Vest FY11-Police 35-140-5906-2064 35-640-3427 -2064 $ 4,358.00 6,412.00 35-140-5906-5906 35-640-3427 -3427 4,358.00 6,412.00 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: ~ 117. (Y)O/l'10 Stephanie M. Moon, CMC City Clerk ~.~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39017-120610. A RESOLUTION closing certain City offices Monday, December 27, 2010, 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 Monday, December 27, 2010. 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 Monday, December 27,2010. ' I I I I I I 525 3. With respect to emergency service employe'es and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work Monday, December 27, 2010, such employees, regardless of whether they are scheduled to work Monday, December 27, 2010, 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 twelve hours of holiday tim~ due to their work schedule for the this holiday. 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: ~rY). (n/)6>J Stephanie M. Moon, CMC City Clerk ID~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE,'VIRGINIA, The 6th day of December, 2010. No. 39018-120610. A RESOLUTION authorizing the appropriate City officials to execute, upon certain terms and conditions, Amendment No. 3 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. WHEREAS, by Resolution No. 38808~051010, Counci.l approved the 2010-2015 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. 38845-062110 and by Budget Ordinance No. 38846-062110, Council accepted and appropriated the 2010-2011 CDBG funds. 526 THEREFORE, BE IT RESOLVED by Council that the City Manager, and the City I Clerk, are hereby authorized to execute and qJtest, respectively, on behalf of the City, Amendment No. 3 to the 2008-2009 CDBG Subgrant 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 report dated December 6, 2010, to this Council. APPROVED ATTEST: ~M.YIJ~ Stephanie M. Moon, CMC City Clerk ~ ~~~-~~.... Q--- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39019-120610. I AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanok~ \ and -the R9anbk~._ Regional Airport Commission" for construction of certain airport entrance ,and intem:;ection improvememts, including' the exchange of real 'property and vacated public rights-of-way as necessary; and dispensing with the second reading of this ordinance oy title.. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an Agreement with the Roanoke Regional Airport Commission for construction of certain new airport entrance and intersection improvements, including the exchange of real property and vacated public rights-of-way as necessary, all as more particularly set forth in the City Manager's report to Council dated December 6, 201 C:>. I I I I 527 2. 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: ~~~:~w-J City Clerk ~~ o.N"~" :::!..) ~ -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39020-120610. A RESOLUTION authorizing the City Manager'siissoance and executJoll of additional amendments including_Amendment No.3 to the Cifis contract With Mattern & Craig, Inc:, for addiUonaJ professional 'services fbr the Heconfigure/Signalize Aviation Drive/Towne Square Boulevard Intersection Project. ) BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, fOL,and on behalf of the City, to issue and execute additional amendments including Amendme'i"lt No. 3 to the City's - contract with .. Mattern &. Craig, Inc., for additional professional / services for the Reconfigure/Signalize'Aviation Drive/Towne Square Boulevard Intersection Project, all as more fully 'set forth in the'City Manager's letter to this Council dated December 6, 2010. . , 2. The form of any such amendments shall be approved by the City Attorney. ,. 528 3. Such amendments will provide authorization for additional work, with an I increase in the amount and time of perfo~rnance of the contract and provided the total amount of such amendments will not exceed an additional $65,000.00, all as set forth in the above letter. APPROVED ATTEST: -mL'rn.'0Io~ Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of December, 2010. No. 39021-120610. AN ORDINANCE to appropriate funding "from the Virginia Department of Transportation, Roanoke Regional Airport Commission and Sam's Club ahd"to transfer I funding from the Paving Program to the Aviation & Towne Square Boulevard Intersection Improvements project, 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: General Fund Appropriations Transfer to the Capital Projects Fund Fees for Professional Services 01-250-9310-9508 01-530';4120-2010 $ 425,000.00 (425,000.00) Capital Proiects Fund Appropriations Appropriated from General Revenue Appropriated from Third Party Appropriated from State Grant Fund 08-530-9830-9003 08-530-9830-9004 08-530-9830-9007 425,000.00 247,640.00 700,000.00 I I I I 529 Revenues Transfer from the General Fund VDOT - Aviation Dr. & Towne Square Blvd. Aviation Dr. & Towne Square Blvd.- Airport Commission Contribution Aviation Dr. & Towne Square Blvd.- Sam's Club Contribution 08-110-1234-1037 08-530-9830-9832 425,000.00 700,000.00 169,640.00 78,000.00 08-530-9830-9837 08-530-9830-9838 Pursuant 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. "YY)o~ Stephanie M. Moon, CMC City Clerk ~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39022-122010. A RESOLUTION authorizing acceptance of a U.S. Environmental Protection Agency (EPA) Brownfield Area-Wide Planning Grant to fund planning activities for certain brownfield properties within the Rail Corridor Planning Area located in 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, accept, receive, implement, use, and administer such Grant, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EPA Brownfield Area-Wide Planning Grant from the EPAin the amount of $175,000.00 (with no matching funds being required from the City) to provide funds for planning activities for certain brownfield properties within the Rail Corridor Planning Area located in the City, all as more particularly set forth in the City Manager's Report dated December 20, 2010, to this Council. 530 2. The City Manager is hereby authorized to execute a cooperative I agreement between the City and the EP A in substantially the same form as that attached to the City Manager's Report 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 Grant, including establishing guidelines for the use of such Grant funds. APPROVED ATTEST: ~rn.'n)o~ Stephanie M. Moon, CMC City Clerk S:rQ~~~~ -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. I No. 39023-122010. AN ORDINANCE to appropriate funding from the Federal Government for the Environmental Protection Agency Brownfield Area Wide Planning Technical Assistance Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services Administrative Supplies Travel and Training Program Supplies Revenues Brownfield Area Planning Technical Assistance 35-615-8098-2010 35-615-8098-2030 35-615-8098-2044 35-615-8098-2066 $160,000.00 3,000.00 7,000.00 5,000.00 35-615-8098-8098 175,000.00 I I I I 531 Pursuant 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. Pj{)<w Stephanie M. Moon, CMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39024-122010. A RESOLUTION authorizing acceptance of additional funding for the AmeriCorps Grant from the Commonwealth of Virginia, Department of Social Services, Division of Community and Volunteer Services, and authorizing execution of any required documentation on behalf of the City necessary to accept the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts from the Commonwealth of Virginia, Department of Social Services, Division of Community and Volunteer Services, additional funding for the AmeriCorps Grant in the amount of $38,788.00, with a local cash match required from the City in the amount of $2,983.00, and in-kind service in the amount of $4,308.00, to be used by the Roanoke City Public Libraries to hire a total of 18 AmeriCorp members for up to one year to expand current services and to provide computer literacy classes and individual computer assistance to children, teens and adults, as more particularly described in the report of the City Manager to Council dated December 20, 2010. 2. The City Manager is hereby authorized to execute and file, on behalf of. the City, any documents necessary to accept the additional grant funding, in a form approved by the City Attorney. 532 3. The City Manager is further directed to furnish such additional information I as may be required in connection with the City's acceptance of this grant. ATTEST: ~~h-,.~o~ Stephanie M. Moon, CMC City Clerk APPROVED ~Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39025-122010. AN ORDINANCE to appropriate additional funding from the Federal AmeriCorps program through the Virginia Department of Social Services to provide part-time personnel for various library services, amending and reordaining certain sections of the I 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Wages FICA Workers Compensation - Other Administrative Supplies Training and Development Wearing Apparel Revenues AmeriCorps Grant FY11 AmeriCorps Grant FY11 - Local 35-650-8305-1 004 35-650-8305-1120 35-650-8305-1141 35-650-8305-2030 35-650-8305-2044 35-650-8305-2064 $ 36,250.00 2,983.00 300.00 2,723.00 (695.00) 210.00 35-650-8305-8305 35-650-8305-8306 38,788.00 2,983.00 I I I I 533 Pursuant 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;00Y0 Stephanie M. Moon, CMC City Clerk , \ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39026-122010. A RESOLUTION authorizing acceptance of the Data Share Grant 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, the Data Share Grant through the Edward Byrne Memorial Grant Program in the amount of $200,000.00, with a local cash match from the City of Roanoke of $13,082.00, the remaining $36,918.00 is being funded by other participating jurisdictions. Such grant is more particularly described in the report of the City Manager to Council dated December 20, 2010. 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. 534 3. The City Manager is further directed to furnish such additional information I as may be required by the Department of Criminal Justice in connection with the acceptance of the foregoing grant. APPROVED ATTEST: ~h-).OOJo~ Stephanie M. Moon, CMC City Clerk 3)" David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39027-122010. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Byrne Memorial Grant Program, amending and I reordaining certain sections of the 2010-2011 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 2010-2011 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 Technology Maintenance Contracts Revenues Police Data Sharing FY10 - State Police Data Sharing FY10 - Local Match Police Data Sharing FY10 - Roanoke County Police Data Sharing FY10 - City of Salem Police Data Sharing FY10 - Town of Vinton Police Data Sharing FY10 - Pulaski Police Data Sharing FY10 - Richlands 35-640-3645-2010 35-640-3645-2040 35-640-3645-2555 35-640-3645-3645 35-640-3645-3646 35-640-3645-3647 35-640-3645-3648 35-640-3645-3649 35-640-3645-3650 35-640-3645-3651 $ 113,000.00 40,000.00 47,000.00 150,000.00 13,082.00 7,004.00 13,296.00 1,184.00 3,684.00 11,750.00 I I I I 535 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ 'oJ. 'r'6\Od'IV Stephanie M. Moon, CMd City Clerk Q~ Y David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39028-122010. A RESOLUTION supporting an application by the Roanoke Chapter, National Railway Historical Society (RCNRHS) to the Virginia Department of Transportation (VDOT) for additional funds from VDOT's Enhancement Grant Program in the amount of $249,766.00 for the restoration of the Virginian Railway passen'ger Station property located in the City of Roanoke (Restoration Project); expressing the City's continued support for such Restoration Project; authorizing the City Manager to execute any required grant agreements or other documents necessary for the support of the RCNRHS application referred to above; and authorizing the City Manager to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, use, and administer any additional VDOT grant funds as mentioned above, upon certain terms and conditions. WHEREAS, by Resolution No. 36411-061603, the City endorsed the Commonwealth Transportation's Board establishment of a project for the restoration of the Virginian Railway Passenger Station, together with other provisions as set forth in such Resolution; WHEREAS, by Resolution No. 37922-100107, the City agreed to serve as the new project sponsor for the restoration of the Virginian Railway Passenger Station, together with other terms and provisions as set forth in such Resolution; and WHEREAS, the RCNRHS is seeking additional VDOT Enhancement Grant funds in the amount of $249,766.00 for such Restoration Project and has requested that the City support this application as the project sponsor. ' 536 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as I follows: 1. The City hereby expresses its support of the RCNRHS application to VDOT for an additional $249,766.00 in VDOT Enhancement Grant fl:Jnds to be used for the Restoration Project. 2. . The City acknowledges that there is a 20% local match requirement associated with this Restoration Project, but such 20% local match is being provided by other parties through donation of land, other funding sources, and through other RCNRHS contributions, all as more particularly set forth in the City Manager's Report dated December 20,2010, to this Council. 3. The City expresses its continued support for such Restoration Project. 4. The City Manager is hereby authorized to execute any required grant agreements or other documents necessary for the support of the RCNRHS application referred to above, with any such agreements or documents to be approved as to form by the City Attorney. 5. The City Manager is further authorized to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, I accept, receive, implement, use, and administer any additional VDOT grant funds as mentioned above, upon certain terms and conditions, with any such documents being approved as to form by the City Attorney. 6. The City Clerk is directed to forward a copy of this Resolution to the appropriate officials at the RCNRHS and to any other entity as may be requested by the RCNRHS. APPROVED ATTEST: ~ hl."1o~ Stephanie M. Moon, CMC City Clerk 300=- Mayor I I I I 537 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39029-122010. A RESOLUTION authorizing the City Manager to submit an application to the Virginia Department of Transportation for Transportation Enhancement Funds to fund the remaining 2.6 miles of the Roanoke River Greenway Trail necessary to complete the City's connection to Salem; and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1 . The City Manager is hereby authorized to execute and submit an application to the Virginia Department of Transportation for Transportation Enhancement Funds in the amount of $957,300.00, which requires an additional local match from the City of $239,250.00, to fund the remaining 2.6 miles of the Roanoke River Greenway Trail necessary to complete the City's connection to Salem, as more particularly set forth in the City Manager's report dated December 20, 2010, to this Council. 2. 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: ~\'r).~~ Stephanie M. Moon, CMC City Clerk. ~~~ David A. Bowers Mayor 538 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39030-122010. AN ORDINANCE amending and reordaining Section 30-111, Time Limitations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, by amending subsection (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. Section 30-111, Time Limitations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 30-111. Time Limitations. * * * (c) 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, 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. Outside the Central Business District and within districts not zoned R-12, R-7, R-5, R-3, RM-1, RM-2 and RMF, a banner may be displayed for a continuous period of up to one hundred eighty (180) 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 ninety (90) consecutive days prior to reapplication for a permit to erect the same banner again. * * * I I I I I I 539 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)~YcrjO~ Stephanie M. Moon, CMC City Clerk ~~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39031-122010. AN ORDINANCE to appropriate funding from the Series 2010A Virginia Public School Authority - Qualified School Construction Bonds to various. school capital projects, amending and reordaining certain sections of the 2010-2011 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 2010-2011 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Preston Park Building Improvements (Energy Imp.) Morningside Building Improvements (Energy Imp.) Westside Building Improvements (Energy Imp.) Monterey Building Improvements (Energy Imp.) Revenues QSCBNPSA Preston Park Energy Improvements QSCBNPSA Morningside Energy Improvements QSCBNPSA Westside Energy Improvements QSCBNPSA Monterey Energy Improvements 31-065-6079-9303 31-065-6078-9303 31 -065-6080-9303 31-065-6077 -9303 31-065-6079-6100 31-065-6078-6100 31-065-6080-61 00 31-065-6077 -6100 $ 155,534.00 345,198.00 392,296.00 241,972.00 155,534.00 345,198.00 392,296.00 241,972.00 540 Pursuant to the provisions of Section 12 of the City Charter, the second reading of I this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~'hJ'~o~ Stephanie M. Moon, CMC City Clerk ~cQ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39032-122010. A RESOLUTION endorsing the Virginia First Cities 2011 Legislative Agenda. BE IT RESOLVED by the Council of the City of Roanoke as follows: I 1. Council hereby endorses the Virginia First Cities 2011 Legislative Agenda and commends it to the City's elected representatives in the General Assembly. 2. The City Clerk is directed to forward an attested copy of this Resolution and a copy of the Virginia First Cities 2011 Legislative Agenda to the City's elected representatives in the General Assembly. APPROVED ATTEST: ~ "fr) .I'Y1C<W Stephanie M. Moon, CMC City Clerk <Sl)~~ David A. Bowers Mayor I I I I 541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39033-122010. AN ORDINANCE to appropriate funding from the Federal government for various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Salary Social Security Instructional Materials & Supplies Revenues Federal Grant Receipts 302-110-0000-1070-134E-61100-41121-9-09 $26,013.00 302-110-0000-1070-134E-61100-42201-9-09 1,989.00 302-110-0000-1070-134E-61100-46614-9-09 23,600.00 302-000-0000-0000-134E-00000-38010-0-00 51,602.00 Pursuan! to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED ~ rn .Y"Y\DOYV Stephanie M. Moon, CMC\ City Clerk ~Q~ David A. Bowers Mayor 542 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 20th day of December, 2010. No. 39034-122010. AN ORDINANCE approving an Amendment No.. 3 to a certain Contract for Purchase and Sale of Real Property dated April 27,2009, as amended by Amendment No. 1 dated April 22, 2010, and Amendment No. 2 dated August 23, 2010, by and between the City of Roanoke, Virginia, (City), and W. E. Muse Station, LP, (Buyer); authorizing the proper City officials to execute such Amendment No.3; 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 such Amendment No.3; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Buyer entered into a Contract dated April 27, 2009, for the Purchase and Sale of Real Property (Contract), being the City-owned former YMCA facility located at 425 Church Avenue, S. W., Roanoke, Virginia 24016 (Tax Map Numbers 1011206, 1011209, and 1011210), as authorized by Ordinance No. 38429- 042009; WHEREAS, the Seller and Buyer entered into an Amendment NO.1 to Contract I For Purchase and Sale of Real Property dated April 22, 2010, which amended, changed, or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase of the Property referred to in the Contract, as authorized by Ordinance No. 38782-041910; WHEREAS, the Seller and Buyer entered into an Amendment NO.2 to Contract For Purchase and Sale of Real Property dated August 23, 2010, which amended, changed, or modified certain terms and provisions of the Contract, including extending the time for the closing on the purchase of the Property referred to in the Contract, as authorized by Ordinance No. 38924-081610; WHEREAS, it appears reasonable to modify the closing date to extend the time for closing from December 31, 2010, to and including January 31,2011, all as more fully described in a Report dated December 20, 2010, from the City Manager to this Council and as set forth in the proposed Amendment No.3 attached to such Report; and WHEREAS, City staff recommends that City Council approve Amendment No.3 and authorize the proper City officials to execute such Amendment No.3. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: I I I I 543 1 . City Council hereby approves the amendments, changes, or modifications to certain terms and provisions of the Contract dated April 27, 2009, Amendment NO.1 dated April 22, 2010, and Amendment NO.2 dated August 23, 2010, between the City and the Buyer, as those items are more fully described in the above mentioned City Manager's Report dated December 20, 2010, to this Council and as set forth in the proposed Amendment NO.3 attached to such Report. 2. The City Manager is authorized on behalf of the City to execute an Amendment No.3 to the Contract dated April 27, 2009, as amended, providing for amendments, changes, or modifications to the terms and provisions of such Contract, as amended, all as more fully set forth in the above mentioned City Manager's Report to this Council, upon certain terms and conditions as set forth in such Report and the attached Amendment No. 3 to that Report. Such Amendment No. 3 may also contain any other terms and conditions as the City Manager may deem to be in the best interest of the City and shall be in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 3 to the Contract, and of the Contract itself and Amendment No. 1 and Amendment No.2 to it. 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: ~ 'r'I\ ';:::'r',) Stephanie M. Moon, CMC City Clerk ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39035-122010. 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. 544 WHEREAS, Trustees, Mountain Dale Lodge No. 49, Independent Order of Odd I Fellows, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 2615 Orange Avenue, N. E., bearing Official Tax No. 7070108, rezoned from IN, Institutional District, to CG, Commercial General 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 December 20, 2010, 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 Map No. 7070108, located at 2615 Orange Avenue, N. E, be and is hereby rezoned from IN, Institutional District, to CG, Commercial General District, as set forth in the Zoning Amendment Application dated October 6, 2010. I I I I I 545 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A P PRO V E D. ATTEST: ~ m .'OY\mMJ Stephanie M. Moon, CMd City Clerk Sb.Q~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of December, 2010. No. 39036-122010. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, Cynthia Arthur 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 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 December 20,2010, after due and timely notice thereof as required by 930-14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right-of-way have been properly notified; and 546 WHEREAS, from all of the foregoing, City Council considers that no I inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public right-of-way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An alleyway located between 18th and 19th Streets, N. E., off Templeton Avenue, N.E., and lying between parcels bearing Official Tax Nos. 3231001, 3231003 through 3231009, inclusive; and 3231013 through 3231016, inclusive, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, I such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that prior to receiving all required approvals of the subdivision plat referenced in the previous paragraph, the applicant shall give to the Treasurer for the City of Roanoke a certified check or cash in the amount of Six Thousand Seven Hundred and No/100 Dollars ($6,700.00) as consideration pursuant to 915.2-2008, Code of Virginia (1950), as amended, for the vacated right-of-way. I I I I 547 BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other . conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of 912 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: M ~ 'rr) .'rn,blMJ Stephanie M. Moon, CMC City Clerk Si' David A. Bowers Mayor 548 I NO MEASURES ADOPTED AT THE JANUARY 3, 2011 COUNCIL MEETING I I I I I 549 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of January, 2011. No. 39037-011811. 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services, in the amount of $40,581.00, to be awarded jointly between the City of Roanoke and the County of Roanoke, with a match of $2,107.00 from the City of Roanoke, together with $1,192.00 from Total Action Against Poverty and $1,210.00 from the Conflict Resolution Center, making total funding in the amount of $45,090.00, as set forth in the City Manager's report dated January 18, 2011, 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. 3. The City Manager, or the City Manager's 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: tttJ."....LAO). YY).~ Stephanie M. Moon, riMe. City Clerk David A. Bowers Mayor 550 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of January, 2011. No. 39038-011811. 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 2010-2011 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 2010-2011 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 01-250-9310-9535 Fees For Professional Services 01-630-1270-2010 Grant Fund Appropriations Temporary Employee Wages FICA Fees For Professional Services Revenues JABG CY10 City-State JABG CY10 City-Local Match JABG CY10 TAP-Local Match JABG CY10 CRC-Local Match $ 2,107.00 (2,107.00) 35-630-5094-1004 35-630-5094-1120 35-630-5094-2010 19,467.00 1,613.00 24,010.00 35-630-5094-5094 35-630-5094-5095 35-630-5094-5096 35-630-5094-5097 40,581.00 2,107.00 1,192.00 1,210.00 I I I I I I 551 Pursuant 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. 6Cf\t)(ry.J Stephanie M. Moon, MMd City Clerk S)Q0;J~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of January, 2011. No. 39039-011811. AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings-Reserve for Telephone Replacement account to the Telephone System Upgrade project amending and re-ordaining 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 certain 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 Appropriated from General Revenue 13-430-9922-9003 $ 45,258.00 Fund Balance Reserve-Future Telephone 13-3368 (45,258.00) Replacement 552 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-DJ~ Stephanie M. Moon, MMC City Clerk ~<;f?Jl~ Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of January, 2011. No. 39040-011811. AN ORDINANCE to appropriate funding from the Fund Balance Designated for I Self-Insured Claims, amending and re-ordaining certain sections of the 2010-2011 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 2010-2011 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 $ 250,000.00 Fund Balance Reserved for Self-Insured Claims 01-3327 (250,000.00) Risk Management Fund Revenues Transfer from General Fund 19-110-1234-0951 250,000.00 Retained Earnings Reserve for Self-Insured Claims 19-3327 250,000.00 I I I I 553 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ m. hJ()~ ~~ David A. Bowers . Mayor Stephanie M. Moon, MMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of January, 2011. No. 39041-011811. AN ORDINANCE to appropriate funding from the Federal government for various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Supplies 302-120-0000-0000-111 D-611 00-46614-9-02 $ 4,000.00 Instructional Supplies, 302-110-11 04-0000-169E-611 00-46614-2-01 6,985.00 Elementary Instructional Supplies, 302-110-11 04-0000-169E-611 00-46614-3-01 6,984.00 Secondary Revenues Federal Grant Receipts 302-000-0000-0000-111 D-00000-38027 -0-00 4,000.00 Federal Grant Receipts 302-000-0000-0000-16ge-00000-38365-0-00 13,969.00 554 Pursuant 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-,. "')OlNJ Stephanie M. Moon, MMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of January, 2011. No. 39042-011811. 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 and the Pattern Book proffered as a condition of the conditional rezoning, to permit construction of up to 64 townhouse units, in lieu of up to 110 condominiums and/or apartment units, to be constructed as set forth in the Development Pattern Book, revised November 4, 2010, as they pertain to the parcel bearing Official Tax No. 1570135, located at 3601 Colonial Green Circle, S. W.; and dispensing with the second reading by title of this ordinance. WHEREAS, Colonial Green L.C., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, to permit construction of up to 64 townhouse units, in lieu of up to 110 condominiums and/or apartment units, to be constructed as set forth in the Development Pattern Book, revised November 4, 2010, as they pertain to the parcel bearing Official Tax No. 1570135, located at 3601 Colonial Green Circle, S. W.; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 936.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; I I I I I I 555 WHEREAS, a public hearing was held by City Council on such application at its meeting on January 18, 2011, after due and timely notice thereof as required by 936.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the amendment of the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, for the property described as Official Tax No. 1570135, located at 3601 Colonial Green Circle, S. W.; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Planned Unit Development Plan and the Pattern Book proffered as a condition of the conditional rezoning, to permit construction of up to 64 townhouse units, in lieu of up to 110 condominiums and/or apartment units, to be constructed as set forth in the Development Pattern Book, revised November 4, 2010, as they pertain to the parcel bearing Official Tax No. 1570135, located at 3601 Colonial Green 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 and the Pattern Book proffered as a condition of the conditional rezoning, to permit construction of up to 64 townhouse units, in lieu of up to 110 condominiums and/or apartment units, to be constructed as set forth in the Development Pattern Book, revised November 4, 2010, as they pertain to the parcel bearing Official Tax No. 1570135, located at 3601 Colonial Green Circle, S. W., as set forth in the Zoning Amended Application No.1, dated November 29,2010. 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.~ll1W Stephanie M. Moon, MMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OFTHE CITY OF ROANOKE, VIRGINIA, I 556 The 18th day of January, 2011. No. 39043-011811. AN ORDINANCE authorizing the City Manager to execute Amendment No.4 to the Agreement for the Development of Colonial Green dated December 27, 2004, such Amendment No. 4 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.4 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 report dated January 18, 2011, to this Council. 2. Pursuant to the provisions of 912 of the City Charter, the second reading I of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~ Yoi.~~ltYV Stephanie M. Moon, MMC City Clerk I I I I 557 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, v The ih day of February, 2011. No. 39044-020711. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on. behalf of the City. J 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 $17,605.00, with a local match of $17,605.00, making a total funding of $35,210.00, to be used to purchase a 2011 E Series AED with twelve (12) lead and six (6) Infant and Child Manikins for training by the Roanoke Fire-EMS, as more particularly described in the report of the City Manager to Council, dated February 7,2011. 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. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~m.~~ Stephanie M. Moon, MMC City Clerk ~).&--- David A. Bowers Mayor . 558 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The ih day of February, 2011. No. 39045-020711. 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 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 35-520-3705-9015 Revenues RSAF Equipment FY11-State 35-520-3705-3705 RSAF Equipment FY11-Local 35-520-3705-3706 $ 35,210.00 17,605.00 17,605.00 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,,-.. Stephanie M. Moon, MMC \... City Clerk ~~.~ David A. owers- --..... Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39046-020711. 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. I I I I 559 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 $31,588.00, 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 report of the City Manager to Council, dated February 7,2011. 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, MMC City Clerk $U~ Davi A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39047-020711. 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 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 560 Appropriations Temporary Employee Wages FICA Revenues Police Domestic Violence Victim CY11 35-640-3355-1004 35-640-3355-1120 $29,344.00 2,244.00 35-640-3355-3355 31,588.00 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. ~ Stephanie M. Moon, MM:t City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39048-020711. 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: 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 $33,168.00, with a local match from the City of $11,056.00, to employ the Police Department's full-time non-sworn Domestic Violence Specialist. The grant is more particularly described in the report of the City Manager to Council, dated February 7,2011. 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 I I I I I 561 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.Mao- Stephanie M. Moon, MMC \..... City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39049-020711 . J 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 2010-2011 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 2010-2011 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 Disability Insurance Revenues VSTOP Grant CY2011-State VSTOP Grant CY2011-Local 35-640-331 6-1 002 35-640-3316-111 5 35-640-331 6-1120 35-640-3316-1125 35-640-3316-1126 35-640-331 6-1130 35-640-331 6-1131 35-640-3316-331 6 35-640-3316-331 7 $ 33,236.00 2,991.00 2,543.00 5,040.00 312.00 93.00 9.00 33,168.00 11,056.00 562 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~'M.~ Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39050-020711. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $721,867.00, 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 grant in the amount of $721,867.00, with no local match from the City, to be used during the period of July 1, 2010 through June 30, 2012, for the purpose of administering the Workforce Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in the City Manager's report dated February 7, 2011, 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: . lY). Stephanie M. Moon, MM~ City Clerk David A. Bowers Mayor I I I I I I 563 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39051-020711. AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the FY11 Workforce Investment Act Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 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 Administrative-Food Administrative-Business Meals and Travel Administrative-Equipment Rental Administrative-Other Rental Admin istrative-Supplies Admin istrative-I nsurance Admin istrative-Leases Administrative-Equ ipment Administrative-Miscellaneous Administrative-Telephone Adult-Regular Employee Wages Adult-Temporary Employee Wages Adult-City Retirement Adult-FICA Adult-Medical Insurance Adult-Dental Insurance Adult-Life Insurance 35-633-2370-1002 35-633-2370-1004 35-633-2370-1105 35-633-2370-1120 35-633-2370-1125 35-633-2370-1126 35-633-2370-1130 35-633-2370-1131 35-633-2370-2010 35-633-2370-2042 35-633-2370-2044 35-633-2370-2046 35-633-2370-2060 35-633-2370-2144 35-633-2370-3070 35-633-2370-3075 35-633-2370-8055 35-633-2370-8056 35-633-2370-8058 35-633-2370-8059 35-633-2370-8060 35-633-2370-8090 35-633-2371-1002 35-633-2371-1004 35-633-2371-1105 35-633-2371-1120 35-633-2371-1125 35-633-2371-1126 35-633-2371-1130 $ 29,343.00 9,705.00 4,630.00 2,987.00 3,521.00 150.00 220.00 85.00 4,4 70.00 1,007.00 875.00 1 ,060.00 350.00 2,219.00 525.00 306.00 1,749.00 1 ,166.00 4,716.00 1,749.00 131 .00 1,223.00 4,289.00 451 .00 677.00 363.00 515.00 24.00 32.00 564 Adult-Disability Insurance 35-633-2371-1131 12.00 I Adult-Training and Development 35-633-2371-2044 65.00 Adult-Local Mileage 35-633-2371-2046 79.00 Adult-Food 35-633-2371-2060 26.00 Adult-Business Meals and Travel 35-633-2371-2144 161.00 Adult-Equipment Rental 35-633-2371-3070 39.00 Adult-Qther Rental 35-633-2371-3075 22.09 Adult-Marketing 35-633-2371-8053 481 .00 Adult-Supplies 35-633-2371-8055 128.00 Adult-Contract Services 35-633-2371-8057 291,575.00 Adult-Leases 35-633-2371-8058 345.00 Adult-Equipment 35-633-2371-8059 128.00 Adult-Miscellaneous 35-633-2371-8060 8.00 Adult-Telephone 35-633-2371-8090 90.00 Dislocated Worker-Regular Employee Wages 35-633-2372-1 002 8,688.00 Dislocated Worker-Temporary Employee 35-633-2372-1004 992.00 Wages Dislocated Worker-City Retirement 35-633-2372-1105 2,034.00 Dislocated Worker-FICA 35-633-2372-1120 740.00 Dislocated Worker-Medical Insurance 35-633-2372-1125 1,174.00 Dislocated Worker-Dental Insurance 35-633-2372-1126 64.00 Dislocated Worker-Life Insurance 35-633-2372-1130 65.00 Dislocated Worker-Disability Insurance 35-633-2372-1131 26.00 I Dislocated Worker-Training and Development 35-633-2372-2044 131.00 Dislocated Worker-Local Mileage 35-633-2372-2046 162.00 Dislocated Worker-Food 35-633-2372-2060 52.00 Dislocated Worker-Business Meals and Travel 35-633-2372-2144 328.00 Dislocated Worker-Equipment Rental 35-633-2372-3070 78.00 Dislocated Worker-Other Rental 35-633-2372-3075 46.00 Dislocated Worker-Marketing 35-633-2372-8053 981.00 Dislocated Worker-Supplies 35-633-2372-8055 262.00 Dislocated Worker-Contract Services 35-633-2372-8057 333,177.00 Dislocated Worker-Leases 35-633-2372-8058 705.00 Dislocated W orker-Equ ipment 35-633-2372-8059 262.00 Dislocated W orker-M iscellaneous 35-633-2372-8060 20.00 Dislocated Worker-Telephone 35-633-2372-8090 183.00 Revenues Workforce Investment Act Grant FY11 35-633-2370-2370 721,867.00 I I I I 565 Pursuant 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, MM~ City Clerk ,,~.,.~....,- ~~~Q -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of February, 2011. No. 39052-020711. A RESOLUTION approving and establishing a revised daily one way student fare of $0.75 for Roanoke City Public School students, private school students, and all other students attending properly licensed schools within the Greater Roanoke Transit Company, dba Valley Metro (GRTC) service area, grades 6 through 12, with a valid school issued Student ID bus ride card; establishing an effective date; and authorizing the City Manager to take any necessary action to accomplish the implementation, administration, and enforcement of such revised daily one way student fare. WHEREAS, the GRTC Board of Directors, on January 18, 2011, approved and adopted a revised daily one way student fare of $0.75 for Roanoke City Public School students, private school students, and all other students attending properly licensed schools within the GRTC service area, grades 6 through 12, with a valid school issued Student ID bus ride card, all as set forth in the City Manager's Report dated February 7, 2011, to this Council; and WHEREAS, GRTC has requested that City Council approve and establish such revised daily one way student fare 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: 566 1 . City Council hereby approves and establishes a revised daily one way I student fare of $0.75 for Roanoke City Public School students, private school students, and all other students attending properly licensed schools within the GRTC service area, grades 6 through 12, with a valid school issued Student ID bus ride card. Such revised daily one way student fare was approved and adopted by the GRTC Board of Directors, all as set forth in the above City Manager's Report dated February 7, 2011. Such revised daily one way student fare is to be effective February 8, 2011, and shall replace the prior daily one way student fare as of such date. 2. The City Manager is hereby authorized to take any necessary action to accomplish the implementation, administration, and enforcement of such revised daily one way student fare as set forth above. Such action includes, but is not limited to, implementation of appropriate rules and/or procedures. 3. The City Clerk is directed to certify a copy of this Resolution to the General Manager of GRTC. APPROVED ATTEST: ~'m. h1~ Stephanie M. Moon, MMC '-- City Clerk &~~I David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39053-020711. A RESOLUTION accepting the 2010 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 2010 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $90,260.00, to be used for the. purpose of maintaining previously purchased equipment and services. There is no matching fund requirement I for this grant. The grant is more particularly described in the report of the City Manager to Council dated February 7,2011. I I I 567 2. The City Manager is 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. APPROVED ATTEST: ~;;~~;~~~ City Clerk ~~~...~ .::::!j '---~C -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39054-020711. AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Maintenance Contracts Expendable Equipment Publications & Subscriptions Wearing Apparel Revenues State Homeland Security Grant FY11 35-640-3665-2005 35-640-3665-2035 35-640-3665-2040 35-640-3665-2064 $ 900.00 49,880.00 2,230.00 37,250.00 35-640-3665-3665 90,260.00 568 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: ~~.:~~~ City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of February, 2011. No. 39055-020711. A RESOLUTION approving the design and placement of a bike rack to be installed in Grandin Village. WHEREAS, twenty-nine artists responded to the City's Request for Qualifications I for a public art bike rack; WHEREAS, three finalists were interviewed by the Citizen Selection Panel; and WHEREAS, the City's Arts Commission has recommended that the work of art proposed by Popup Designs be selected as the work to be installed in Grandin Village. NOW THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke approves the design of the work of art submitted by Popup Designs and approves the location of its installation in Grandin Village, as presented to Council at its meeting of February 7, 2011. APPROVED ATTEST: ~m. M~ Stephanie M. Moon, MMC L City Clerk David A. Bowers Mayor I I I I 569 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39056-022211. A RESOLUTION approving the design and placement of four porcelain tile mosaics, with one such mosaic to be installed in the walkway adjacent to each of the four building entranceways of the renovated City Market Building. WHEREAS, thirty-four artists responded to the City's Request for Qualifications to design, fabricate, and install public art associated with the renovation of the City Market Building; WHEREAS, three finalists were interviewed by the Citizen's Selection Panel; and WHEREAS, the City's Arts Commission has recommended that the work of art proposed by Cheryl Foster be selected as the work to be installed as set forth above at the renovated City Market Building. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke approves the design of the work of art submitted by Cheryl Foster and approves the location at the four entranceways of the renovated City Market Building, as presented to Council at its meeting of February 22,2011. APPROVED ATTEST: ~m.n,()~ : Stephanie M. Moon, MJC City Clerk )J)Q~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39057-022211. A RESOLUTION accepting an Impaired Driving Grant to the City from the Blue Ridge Transportation Safety Board, and authorizing execution of any. required documentation on behalf of the City. 570 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept from the Blue Ridge Transportation Safety Board, an Impaired Driving Grant in the amount of $3,250.00. The subgrant, which requires no match by the City, is more particularly described in the report of the City Manager to Council dated February 22, 2011. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the subgrant agreement and all necessary documents required to accept this subgrant. 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 by the Blue Ridge Transportation Safety Board, in connection with the City's acceptance of this subgrant. ~ APPROVED ATTEST: ~001. hJ&a-rv ~~~~~~. ..~ - --- d . owers Mayor Stephanie M. Moon, MMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39058-022211. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a regional Driving Under the Influence (DUI) safety grant, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: I I I I I I 571 Appropriations Overtime Wages FICA Revenues DMV Regional DUI Grant FY11 35-640-3445-1003 35-640-3445-1120 $ 3,019.00 231.00 35-640-3445-3445 3,250.00 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: ~ 'h-),~o()-yJ Stephanie M. Moon, MMC City Clerk ~--'- David A. Bowers. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39059-022211. 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 supportive services grant from the U.S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team. in the amount of $137,669.00, with a cash match of $36,927.00 from the City, for a total program budget of $174,596.00, for a one year period beginning February 1, 2011, as more particularly set forth in the report of the City Manager to Council dated February 22, 2011, is hereby ACCEPTED. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents required to accept such grant. All documents shall be upon form approved by the CityAttorney. 572 3. The City Manager is further directed to furnish such additional information I as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~hl. drJotJyU ~~....-- ~~ h David A. Bowers . Mayor Stephanie M. Moon, MMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39060-022211. 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 2010-2011 Grant Fund Appropriations, and I dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary Temporary Employee Wages City Retirement FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Telephone Telephone-Cellular Administrative Supplies Expendable Equipment <$5000.00 Motor Fuel Billed Through Fleet Program Activities Postage Fleet Management Vehicle Repair 35-630-5351-1 002 35-630-5351-1 004 35-630-5351-11 05 35-630-5351-1120 35-630-5351-1125 35-630-5351-1126 35-630-5351 -1130 35-630-5351 -1131 35-630-5351-2020 35-630-5351-2021 35-630-5351-2030 35-630-5351-2035 35-630-5351-2039 35-630-5351-2066 35-630-5351-2160 35-630-5351 -7026 $ 98,330.00 13,334.00 16,814.00 8,542.00 15,120.00 936.00 275.00 28.00 1,667.00 1,667.00 1,750.00 500.00 2,500.00 11,433.00 300.00 1,400.00 I I I I 573 Revenues Homeless Assistance Team FY11 Homeless Assistance Team FY11-Local 35-630-5351-5351 35-630-5351-5352 137,669.00 36,927.00 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.lYJc-n) Stephanie M. Moon, MMC City Clerk D'-Qcr;?-- .- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39061-022211. A RESOLUTION accepting and expressing appreciation for the donation of a piece of art from the Taubman Museum of Art for the Public Art Collection. WHEREAS, the Taubman has approached the Roanoke Arts Commission about donating a large scale piece of art work to the City of Roanoke; and ~' \ '1. I WHEREAS, local students and artist Benny Carter "Big AI Carter", created -this. piece of art in 1995, which was then displayed outside Center in the Square. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . This Council accepts and expresses its appreciation for the donation of this art to the City from the Taubman Museum of Art for the Public Art Collection all as more particularly described in the letter of the City Manager, dated February 22, 2011. 574 2. The City Clerk is directed to forward an attested copy of this resolution to .1 Nathan Harper, Chair, Roanoke Arts Commission and to David Mickenberg, Executive Director of the Taubman Museum of Art. APPROVED ATTEST: ~m. 'lrpOYJ Stephanie M. Moon, MMC City Clerk ~J\~.__ W-\l - - David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39062-022211. AN ORDINANCE authorizing the City Manager to enter into a Grant Agreement between the City of Roanoke and the Art Museum of Western Virginia d/b/a Taubman I Museum of Art to provide educational programming to the Roanoke City Schools, and dispensing with the second reading of this ordinance by title. WHEREAS, the Museum has requested that the City make a grant to it of the sum of $100,000.00, in exchange for the performance by the Museum of certain educational services to benefit the City's public school students pursuant to the certain terms and conditions outlined in the Grant Agreement; and WHEREAS, the City wishes to make a grant to the Museum for services to be provided for a one year term beginning February 23, 2011. NOW, THEREFORE, 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 Grant Agreement in the amount of $100,000.00 with the Art Museum of Western Virginia d/b/a Taubman Museum of Art to provide educational programming to the Roanoke City Schools, all as more particularly set forth in the City Manager's report to Council dated February 22,2011. 1 I I I 575 2. 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: ~ 1n.h]oWtJ Stephanie M. Moon, MMC City Clerk \i)Q(Jl~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39063-022211. AN ORDINANCE to transfer funding from the General Fund Contingency account to the Taubman Art Museum account to provide education programming and services to Roanoke City Public Schools, amending and reordaining certain sections of the 2010- 2011 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 2010-2011 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Taubman Art Museum Contingency 01-300-7220-391 0 $ 1 00,000.00 01-300-9410-2199 (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.hlOh-J Stephanie M. Moon, MMt City Clerk 'S) (.Qo?~ David A. Bowers Mayor 576 The 22nd day of February, 2011. 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, No. 39064-022211. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia (EDA), and United HealthCare Services, Inc., (UHS), that provides for certain undertakings by the parties in connection with the maintenance and creation of certain jobs by UHS within the City of Roanoke; to provide for the appropriation of up to $62,500.00 by the City to the EDA for grants to UHS for the purpose of economic development, as further set forth below; and dispensing with the second reading by title of this Ordinance. WHEREAS, UHS is leasing certain real property located in the City of Roanoke, and intends to maintain and expand UHS's operations of providing services to certain Medicare recipients and to provide customer support for a variety of senior health and well-being products and UHS intends to maintain and create substantial jobs in connection with those operations (UHS Project); and WHEREAS, the City and the EDA wish to encourage UHS to undertake and I complete the Project in order to enhance and promote economic development within the City and the Roanoke region. After approval by the City, the matter will be referred to the EDA for its consideration and action. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . City Council hereby approves the substance of the terms of the Performance Agreement among the City, the EDA, and UHS, as set forth in the attachment to the City Manager's Report dated February 22, 2011, to Council, which provides for maintenance and creation by UHS of certain jobs within the City, as well as certain undertakings by the City and the EDA. City Council further finds that this will promote economic development within the City and the Roanoke region. 2. The City Manager is authorized on behalf of the City to execute a Performance Agreement among the City, the EDA, and UHS, upon certain terms and conditions as set forth in the City Manager's Report dated February 22, 2011, to Council. The Performance Agreement is to be substantially similar to the one attached to such letter, and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute I such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement. I I I 577 4. The City will appropriate an amount up to $62,500.00 to the EDA for the purpose of promoting economic development in the City and the Roanoke region in order to fund the grants that the EDA intends to make to UHS upon certain terms and conditions, which amount is to be used for job grants as referred to in the Performance Agreement, all as more fully set forth in the above referenced City Manager's Report. 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: ~'rh. '<<Jll()yJ Stephanie M. Moon, MMC City Clerk ~~()~""M'-' ~ \LVI-c -- - David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39065-022211. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the United HealthCare Services 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. 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 General Revenue Fund Balance Economic and Community Development Reserve-Unappropriated 08-310-9849-9003 $ 62,500.00 08-3365 (62,500.00) 578 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.h\olhv Stephanie M. Moon, MMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39066-022211. AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teacher Stipends 302-11 0-0000-0390-322E-611 00-41129-3-01 $7,890.00 Patrick Henry Social Security Patrick 302-11 0-0000-0390-322E-611 00-42201-3-01 604.00 Henry Teacher Stipends 302-11 0-0000-0400-322E-611 00-41129-3-01 7,890.00 William Fleming Social Security William 302-11 0-0000-0400-322E-611 00-42201-3-01 604.00 Fleming Teacher Stipends 302-11 0-0000-1304-322E-611 00-41129-3-01 7,889.00 Forest Park Acd. Social Security Forest 302-11 0-0000-1304-322E-611 00-42201-3-01 603.00 Park Acd. Revenues State Grant Receipts 302-000-0000-0000-322E-00000-32415-0-00 25,480.00 I I I I 579 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: k~m.~ Stephanie M. Moon, MMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of February, 2011. No. 39067-022211. 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, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Charles and Noralu Michael and Fairway Roano~~, LLC, have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the following properties rezoned to CG Commercial General District, subject to certain conditions: (1) a 0.315 acre parcel located at the intersection of Rutgers Avenue, N.W., and Hershberger Road, N. W., 1315 Hershberger Road, bearing Official Tax NO. 6660106, currently zoned MX, Mixed Density District; (2) a 0.71 acre portion of property bearing Official Tax No. 6660105, located adjacent to Rutgers Avenue, N. W., and Hershberger Road, N. W., and adjacent to Official Tax No. 6660106, and currently zoned CLS, Commercial Large Site District; (3) a 0.675 acre southern portion of property bearing Official Tax No. 6660105 and fronting 1419 Hershberger Road, N. W., adjacent to Official Tax No. 6660124, and currently zoned CLS, Commercial Large Site District; and (4) a 1.432 acre northern portion of property bearing Official Tax No. 6660103, located at 5002 Airport Road, N. W., and currently zoned CLS, Commercial Large Site 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; 580 WHEREAS, a public hearing was held by City Council on such application at its I meeting on February 22, 2011, 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 the following properties be and are hereby rezoned to CG Commercial General District: (1) a 0.315 acre parcel located at the intersection of Rutgers Avenue, N. W., and Hershberger Road, N. W., 1315 Hershberger Road, bearing Official Tax No. 6660106, currently zoned MX, Mixed Density District; (2) a 0.71 acre portion of property bearing Official Tax No. 6660105, I located adjacent to Rutgers Avenue, N. W., and Hershberger Road, N. W., and adjacent to Official Tax No. 6660106, and currently zoned CLS, Commercial Large Site District; (3) a 0.675 acre southern portion of property bearing Official Tax No. 6660105 and fronting 1419 Hershberger Road, N. W., adjacent to Official Tax No. 6660124, and currently zoned CLS, Commercial Large Site District; and (4) a 1.432 acre northern portion of property bearing Official Tax No. 6660103, located at 5002 Airport Road, N. W., and currently zoned CLS, Commercial Large Site District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amended Application NO.1 dated January 25, 2011. 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.rYJoW Stephanie M. Moon, MMC City Clerk <J David A. Bowers Mayor I I I I 581 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of March, 2011. No. 39068-030711 . AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, being approximately 20.4 acres adjacent to the Coyner Springs Community Cemetery in Botetourt County, Virginia, designated as Botetourt County Official Tax No. 108(9)4, to Ned B. Jeter, II, and Darrell B. Jeter, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on March 7, 2011, 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 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 parcel of City-owned property, being approximately 20.4 acres, designated as Botetourt County Official Tax No.1 08(9)4, to Ned B. Jeter, II, and Darrell B. Jeter, for the purchase price of $4,000.00 per acre, for a total of $81,600.00, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated March 7, 2011. 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: ~mih1~ Stephanie M. Moor't;MMC City Clerk David A. Bowers Mayor 582 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of March, 2011. No. 39069-030711. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, to lease approximately 7.41 acres of City-owned property, being a portion of Botetourt County Official Tax No. 108(9) 1, 1 A, 2; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on March 7, 2011, 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: I 1. The City Manager and the City Clerk are hereby authorized, to execute and att~st, respectively, in a form approved by the City Attorney, a lease agreement I with Ned B. Jeter, Ned B. Jeter, II, and Darrell B. Jeter, to lease approximately 7.41 acres of City-owned property, being a portion of Botetourt County Official Tax No. 108(9)1, 1A, 2, located northwest of the former City Nursing Home at Coyner Springs in Botetourt County, Virginia, for agricultural purposes, for an initial term of one year, beginning retroactive to March 1, 2011, and expiring February 28, 2012, subject to four additional one year term renewals upon mutual agreement of the parties, at an annual rental of $20.00 per acre, totaling $148.20 per year, upon certain terms and conditions, and as more particularly described in the report of the City Manager to Council dated March 7, 2011. 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.h1be.V Stephanie M. Moon, M~e City Clerk ~QSF~ David A. Bowers Mayor I I I I 583 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of March, 2011. \) No. 39070-030711. A RESOLUTION accepting the 2010 Assistance to Firefighters Grant made to the City of Roanoke Fire-EMS Department by the Department of Homeland Security, FEMA and the U.S. Fire Administration, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke does hereby accept from the Department of Homeland Security, FEMA and the U.S. Fire Administration, the 2010 Assistance to Firefighters Grant to the City of Roanoke Fire-EMS Department, in the amount of $213,600.00 with a local match of $53,400.00, for a total amount of $267,000.00, to be used to install mobile data in all of the Fire-EMS front line apparatus. The grant is more particularly described in the report of the City Manager to Council dated March 7, 2011. 2. The City Manager is hereby authorized to execute, and file, on behalf of the City, the grant agreement and all necessary documents required to accept the grant. 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: ~ l'rl.nelN0 Stephanie M. Moon, MMC City Clerk C){lg~ David A. Bowers Mayor 584 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of March, 2011. No. 39071-030711. $ AN ORDINANCE to appropriate funding from the federal government for the Assistance to Firefighters Program, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment Revenues Assistance to Firefighters FY11-Federal Assistance to Firefighters FY11-Local 35-520-3750-9015 $ 267,000.00 35-520-3750-3750 35-520-3750-3751 213,600.00 53,400.00 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: . ~On. ~crvv Stephanie M. Moon, MMC City Clerk 0)~ David A. Bowers Mayor I I I I I I 585 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of March, 2011. No. 39072-030711. AN ORDINANCE amending 921-44.1 (b) Aqqressive Solicitation and Sales: Definitions: Prohibited Acts and Penalties, of Article I, In General. of Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, (1979), as amended, by adding new subsections (b)(7) and (8); and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 21-44.1 (b) Aqqressive Solicitation and Sales: Definitions: Prohibited Acts and Penalties. Article I, In General, of Chapter 21, Offenses- Miscellaneous, of the Code of the City of Roanoke, (1979), as amended, is hereby amended and reordained by the addition of new subsections (b)(7) and (8) to read and provide as follows: Se9. 21-44.1 Aqqressive Solicitation and Sales: Definitions: Prohibited Acts and Penalties. * * * (b) The following will be construed as prohibited acts and it shall be unlawful for any person to solicit money or other things of value, or to solicit the sale of goods or services: (7) Within twenty-five (25) feet of the premises of an outdoor dining facility which has been authorized by Section 30-9. 1 of this Code. (8) At or within twenty-five (25) feet of a line of persons in line to gain admission to a place or waiting to purchase an item or admission ticket. 586 I 2. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: ~trL lrt. ~CSl)0 Stephanie M. Moon, ~C City Clerk \S)-QCSf)~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of March, 2011. No. 39073-030711 . AN ORDINANCE amending and reordaining Section 24-97, Possession or I consumption of alcoholic beveraaes, of Chapter 24, Public Buildinas, 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 24-97, Possession or consumption of alcoholic beveraaes, of Chapter 24, Public BuildinQs, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: * * * (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S.E., across from Fire Station No. 1 ("Century Square"), Mill Mountain Park (including the Discovery Center), Mountain View, Wachovia Plaza at Market Street, S.E., adjacent to the Market Square Walkway ("Wachovia Plaza"), Reserve Avenue Park, and SunTrust Plaza, hereinafter collectively referred to as the "designated park facilities," under the following conditions: * * * I I I I 587 (2) Only section 501 (c) nonprofit organizations under Title 26 of the United States Code may apply for the city's alcohol permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and Wachovia Plaza. Any person or entity may apply for the city's alcohol permit for Mountain View, the Discovery Center, Reserve Avenue Park, and SunTrust Plaza; * * * 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~M.~ Stephanie M. Moon, MMC City Clerk ~-Q~ David A. Bowers Mayor INTHE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of March, 2011. No. 39074-030711 . A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of Valley View Mall for an art contest sponsored by the City's Fair Housing Board ("Board"), and authorizing execution of an Agreement with Valley View Mall SPE, 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 March 19, 2011, in connection with the Board's art contest, as set forth in the City Manager's report to this Council dated March 7, 2011. 588 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 with Valley View Mall SPE, LLC, through its agent, CBL & Associates Management, Inc., relating to the City's use of Valley View Mall on March 19,2011, for the Board's art contest. APPROVED ATTEST: ~m.~ Stephanie M. Moon, MMC City Clerk SJQ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The ih day of March, 2011. No. 39075-030711 . A RESOLUTION authorizing the City Manager to execute Amendment No. 6 to the City's Contract with Keith Saunders Company for weed and trash abatement. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No.6 to the City's Contract with Keith Saunders Company for weed and trash abatement, such Amendment NO.6 to be approved as to form by the City Attorney, all as more fully set forth in the City Manager's Report dated March 7, 2011, to this Council. APPROVED ATTEST: ~{m()CNv Stephanie M. Moon, ~ City Clerk ~Q~ David A. Bowers Mayor I I I I I I 589 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39076-032111. 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 $175,140.00; authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing the execution of the necessary documents. BE IT RESOLVED by the Council of the City of Roanoke that: 1 . The City of Roanoke hereby accepts the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development, in the amount of $175,140.00, for a one year period, beginning July 11, 2011, through July 10, 2012, to provide rental assistance and supportive services to disabled homeless individuals and their families, as more particularly set forth in the March 21, 2011, report of the City Manager to this Council. 2. The City of Roanoke is authorized to be the fiscal agent for this grant and shall be responsible for distributing the grant proceeds. 3. The City Manager is hereby authorized to execute any and all requisite documents, upon form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: ~rn. ~DN Stephanie M. Moon, MMC City Clerk David A. Bowers .. Mayor 590 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39077-032111. 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 2010-2011 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 2010-2011 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 FY12 35-630-5302-2159 $ 175,140.00 35-630-5302-5302 175,140.00 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.>'1~ Stephanie M. Moon, MMC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39078-032111. I I AN ORDINANCE to appropriate funding from the Commonwealth to the Department of Social Services, amending and reordaining certain sections of the 2010- 2011 General Fund Appropriations, and dispensing with the second reading by title of I this ordinance. I I I 591 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2010-2011 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Refugee Resettlement Special Needs Adoption Subsidized Adoption Daycare Services Independent Living-PS Independent Living-ETV Revenues Independent Living Foster Care Refugee Program Day Care 01-630-5313-3150 01 -630-5314-3130 01-630-5314-3155 01-630-5314-3159 01-630-5314-3161 01-630-5314-3162 $ 21,035.00 1,126,021.00 323,116.00 216,131.00 5,479.00 5,540.00 01 -11 0-1234-0668 01-110-1234-0675 01-110-1234-0679 01-110-1234-0686 11,019.00 1,449,137.00 21,035.00 216,131.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED ~~ ~~r0. h-Jou,-J Stephanie M. Moon, MMC City Clerk David A. .Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39079-032111. A RESOLUTION authorizing the City Manager to submit an application to the Virginia Department of Conservation and Recreation for a Virginia Recreational Trail Grant to provide funds for trailhead development connecting Memorial Bridge Park to Bridge Street as part of the Roanoke River. Greenway Trail; and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: I 592 1 . The City Manager is hereby authorized to execute and submit an application to the Virginia Department of Conservation and Recreation for a Virginia Recreational Trail Grant to provide funds for trailhead development connecting Memorial Bridge Park to Bridge Street as part of the Roanoke River Greenway Trail, as more particularly set forth in the City Manager's report dated March 21, 2011, to this Council. 2. 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: ~:UI?I.h)o~ Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39080-032111. AN ORDINANCE amending and reordaining Section 7-5, Adopted: where copies filed, of Article II, Buildinq Code, of Chapter 7, Buildinq Requlations, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 7-5, Adopted: where copies filed, of Article II, Buildinq Code, of Chapter 7, Buildinq Regulations, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: I I I I 593 Sec. 7-5. Adopted; where copies filed. The provisions, requirements and regulations contained in Part I Virginia Construction Code, Part" Virginia Rehabilitation Code and Part 1/1 Virginia Maintenance Code of the Virginia Uniform Statewide Building Code (2000 2009 edition), and each of the component parts, including, but not limited to, the International Building Code (-2006 2009 edition), the International Property Maintenance Code (2f){)6 2009 edition), the International Plumbing Code (-2006 2009 edition), the International Mechanical Code (-2006 2009 edition), the National Electrical Code (2OGS 2008 edition), the International Fuel Gas Code (-2006 2009 edition), the International Energy Conservation Code (2000 2009 edition), the International Residential Code for One and Two-Family Dwellings (2000 2009 edition), and the International Existing Building Code (2000 2009 edition), including all supplements to such component parts, as the same may from time to time be amended by the State Board of Housing and Community Development, are hereby adopted by the city and incorporated herein by reference as if set out at length herein. The Virginia Uniform Statewide Building Code (2f){)6 2009 edition), and it~ component parts, shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~~f0. h1:~ Stephanie M. Moon, MMC . I. City Clerk S)~ David A. Bowers Mayor 594 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39081-032111. AN ORDINANCE authorizing the City Manager to execute an amended sales agreement providing for a closing date for the conveyance of a 3.0 acre portion of City- owned property, . otherwise known as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on June 21, 2010, 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: I 1. The City Manager and the City Clerk are hereby authorized, for and on I behalf of the City, to execute and attest, respectively, an amended sales agreement providing for a closing date for the conveyance of a 3.0 acre portion of City-owned property, otherwise known as Buena Vista Center, bearing Official Tax No. 4130501, to Scott and Ascension Horchler, for the purchase price of $75,000.00, upon certain terms and conditions, and as more particularly described in the City Manager's letter to this Council dated March 21, 2011. 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: ~~.frt~ Stephanie M. Moon, MMC City Clerk Sl)~ David A. Bowers ' Mayor I I I I 595 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39082-032111. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of the Virginia Employment Commission's (VEC) electronic information system by the City's Department of Billings and Collections, and authorizing execution of an agreement with the VEC, as well as annual renewals of such agreement, in connection with such use of its electronic information system. BE IT RESOLVED by the Council of the City of Roanoke as follows: ' 1. Council hereby waives its sovereign immunity with regard to the City's use of the Virginia Employment Commission's electronic information system by the Department of Billings and Collections, as set forth in the Director of Finance's report to Council dated March 21,2011. 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 with the VEC, as well as annual renewals of such agreement, relating to the City's use of the Virginia Employment Commission's electronic information system by the Department of Billings and Collections. APPROVED ATTEST: h"rr-,~ Stephanie M. Moon, MMC City Clerk Davia A.. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 21st day of March, 2011. No. 39083-032111. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2011 tax year. 596 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 ?005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1, 2011, 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 64.97% tax relief. I 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only I receive 64.97% tax relief on the first $20,000.00 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. APPROVED ATTEST: ~ h;.~o~ Stephanie M. Moon, MMC City Clerk ~...~. David A. Bowers Mayor I I I I 597 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39084-032111. AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Materials and Supplies Reading Tutor Stipends Social Security Academic Coach Retiree Health Credit Social Security Virginia Retirement System Health/Dental Group Life Insurance Contracted Services Travel - Conventions & Education Capital Equipment Revel'}Ues State Grant Receipts Federal Grant Receipts Federal Grant Receipts 302-110-3300-0000-361 E-62140-46615-9-00 302-11 0-0000-0340-133E-611 00-41129-2-01 302-11 0-0000-0340-133E-611 00-42201-2-01 302-11 0-0000-0400-157E-611 00-41124-3-01 302-11 0-0000-0400-157E-611 00-42200-3-01 302-11 0-0000-0400-157E-611 00-42201-3-01 302-11 0-0000-0400-157E-611 00-42202-3-01 302-11 0-0000-0400-157E-611 00-42204-3-01 302-11 0-0000-0400-157E-611 00-42205-3-01 302-11 0-0000-0400-157E-611 00-43313-3-01 302-110-0000-0400-157E-61100-45554-3-01 302-11 0-0000-0400-157E-611 00-48821-3-01 302-000-0000-0000-361 E-00000-32340-0-00 302-000-0000-0000-133E-00000-38010-0-00 302-000-0000-0000-157E-00000-38377 -0-00 $ 11,142.00 12,400.00 950.00 64,000.00 384.00 3,520.00 5,715.00 369.00 179.00 70,000.00 4,000.00 31,000.00 11,142.00 13,350.00 179,167.00 598 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. OY'){)",J Stephanie M. Moon, Mrk City Clerk 'S;;b~ ! David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39085-032111. I A RESOLUTION accepting the former Huff Lane Elementary School from the I School Board, which has advised that it is no longer needed for educational purposes. WHEREAS, by Resolution adopted February 8, 2011, the School Board has determined that the former "Huff Lane Elementary School property is no longer needed for school purposes; WHEREAS, pursuant to the joint policy of the City and the School Board entitled "Use of City Property by School Board," as amended through January 19, 2010, (the "Policy"), City Council is required, if it desires to accept such property and release it from being used for school purposes after being notified by the School Board of its determination that the property is no longer needed for school purposes, to adopt within sixty days of receipt of the School Board's Resolution a Resolution accepting the ' property; and WHEREAS, City Council desires to accept the former Huff Lane Elementary School property. I I I I 599 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby accepts the former Huff Lane Elementary School property, and directs the City Manager to proceed with the joint inspection of the property with representatives of the School Board, and to report back to Council, as provided in the Policy. APPROVED ATTEST: ~~ h;.l71b~ Stephanie M. Moon, MMC I City Clerk ~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39086-032111. AN ORDINANCE providing for the conveyance of certain City-owned property and property interests to the Virginia Department of Transportation (VDOT) to support the Riverland Road/Bennington Street/Mount Pleasant Boulevard Intersection Improvements Project ("Project"); authorizing the City Manager to execute the necessary documents providing for the conveyance of the City-owned property and property interests, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on March 21, 2011, pursuant to SS 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 such conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. To provide for the Riverland Road/Bennington Street/Mountain Pleasant Boulevard Intersection Improvements Project, the City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the following conveyances of City-owned property and property interests, to the Virginia Department of Transportation, in accordance with the terms and conditions as more particularly stated in the City Manager's report to this Council dated March 21,2011: 600 I a. A Deed conveying a portion of Tax Map No. 4250203, located on Bennington Street, S. E., consisting of 13,591 square feet, more or less, in fee simple, in order for the property to be used by VDOT as a right of way to support the Project, b. A Deed of Easement conveying a permanent maintenance easement across a portion of Tax Map No. 4250203, located on Bennington Street, S. E., consisting of a variable length and width totaling 9,851 square feet, more or less, to permit future maintenance of proposed drainage improvements, c. A Deed of Easement conveying a temporary construction easement across a portion of Tax Map No. 4250203, located on Bennington Street, S. E., consisting of 27,619 square feet, more or less, to accommodate reconstruction of the entrances to the fire station on that parcel and construction of drainage improvements; and I d. A Deed of Easement conveying a temporary construction easement across a portion of Tax Map No. 4350701, consisting of a variable length and width totaling 8,306 square feet, more or less, to accommodate construction of the Project. 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. ATTEST: ~~'(ff). IYj blJv.-! Stephanie M. Moon, MMC l City Clerk APPROVED S) David A. Bowers Mayor I I I I 601 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, " The 21 st day of March, 2011. No. 39087-032111. AN ORDINANCE authorizing the conveyance of a permanent above ground and underground utility easement, of variable length and width totaling 3,920 square feet, more or less, across City-owned property located on Bennington Street, S. E., designated as Tax Map No. 4250203, to Appalachian Power Company, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on March 21, 2011, 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 such conveyance. 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 permanent above ground and underground utility easement, of variable length and width, totaling 3,920 square feet, more or less, across City-owned property located on Bennington Street, S. E., designated as Tax Map No. 4250203, to Appalachian Power Company, to permit relocation and future maintenance of above ground and underground utilities owned by Appalachian Power Company, as more particularly set forth in the City Manager's report to this Council dated March 21, 2011. 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: ~t~~~:~~ City Clerk 602 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of March, 2011. No. 39088-032111. AN ORDINANCE authorizing the conveyance of a permanent above ground and underground utility easement, of variable length and width totaling 11,720 square feet, more or less, across City-owned property located on Bennington Street, S. E., designated as Tax Map No. 4250203, to Verizon Virginia, Inc. (aka Verizon), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on March 21, 2011, 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 such conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: I 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 I the conveyance of a permanent above ground and underground utility easement, of variable length and width, totaling 11,720 square feet, more or less, across City-owned - property located on Bennington Street, S. E., designated as Tax Map No. 4250203, to Verizon Virginia, Inc. (aka Verizon), to permit relocation and future maintenance of above ground and underground utilities owned by Verizon Virginia, Inc. (aka Verizon), as more particularly set forth in the City Manager's report to this Council dated March 21, 2011. 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: LA~L,hl.~ Stephanie M. Moon, MMC L City Clerk Q David A. Bowers Mayor I I 603 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 2011. No. 39089-040411. A RESOLUTION approving the Roanoke Regional Airport Commission's 2011- 2012 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, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the City of Roanoke hereby approves the Airport Commission's 2011-2012 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 16, 2011. APPROVED I ATTEST: ~~~~ City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 2011. No. 39090-040411 . A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2011-2012, upon certain terms and conditions. I 604 ) \ BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2011-2012, in the amount of $9,470,887.00 is hereby approved, all as more particularly set forth in a letter to the City Manager dated March 25, 2011, from Daniel D. Miles, P.E., Chief Executive Officer of the Roanoke Valley Resource Authority, copies of which have been provided to Council. APPROVED ATTEST: ~DI.lY)bIN0 Stephanie M. Moon, MMC City Clerk ~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 2011. No. 39091-040411. AN ORDINANCE to appropriate funding from the State Asset Sharing Program, the Department of Justice Federal Asset Sharing Program, and the Department of Treasury Federal Asset Sharing Program, for enhancing law enforcement operations, amending and reordaining certain sections of the 2010-2011 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 2010-2011 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Expendable Equipment Expendable Equipment 35-640-3302-2035 35-640-3304-2035 35-640-3307 -2035 $ 122,132.00 20,684.00 147.00 Revenues State Asset Forfeiture-Interest State Asset Forfeiture DoT Federal Asset Forfeiture DoT Federal Asset Forfeiture-Interest DoT Federal Asset Forfeiture DoT Federal Asset Forfeiture-Interest 35-640-3302-3299 35-640-3302-3300 35-640-3304-3305 35-640-3304-3306 35-640-3307 -3307 35-640-3307 -3308 685.00 121,447.00 16,070.00 4,614.00 133.00 14.00 I I I I I I 605 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~YYJ.YYlo~ Stephanie M. Moon, MMC I City Clerk Q~ David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 4th day of April, 2011. No. 39092-040411. AN ORDI NANCE repealing Subsection (b) of Section 1-15, Same--Supervision; prisoners to obey orders: forfeitures for refusal to work. etc., Chapter 1, General Provisions, of the Code of the City of Roanoke, to delete the requirement that those who - have custody of prisoners employed outside the City jail take the oath required to be taken by police officers; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Subsection (b) of Section 1-15, Same--Supervision: prisoners to obey orders: forfeitures for refusal to work. etc., Chapter 1, General Provisions, of the Code of the City of Roanoke, be and it is hereby REPEALED. 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: ~'rYJ, )Y\\l~ Stephanie M. Moon, MMOk City Clerk t) 'ffJL-- David A. Bowers Mayor \_- IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I 606 The 4th day of April, 2011. No. 39093-040411. A RESOLUTION authorizing the City Manager to take any necessary actions and/or to execute any necessary documents to facilitate obtaining certain financing, including Federal and/or State Historic Tax Credits and/or Federal New Market Tax Credits, to assist in the Historic City Market Building Renovation and Repair Project. WHEREAS, the City entered into a Lease Agreement dated October 29, 2010, between the City and Market Building Partners, LP, providing for the renovation, repairs, and operation of the Historic City Market Building (which action was authorized by Ordinance No. 38986-101810) (Project); and WHEREAS, City Staff has advised City Council that certain financing, including Federal and/or State Historic Tax Credits and/or Federal New Market Tax Credits, may be available or may be able to be obtained by certain entities involved in the above Project, but that such items may require certain actions and/or the execution of certain additional documents by the City, consistent with the prior undertakings of the City for I this Project. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City Manager is hereby authorized to take any necessary actions and/or to execute any necessary documents to facilitate obtaining certain financing, including Federal and/or State Historic Tax Credits and/or Federal New Market Tax Credits, including, but not limited to, guaranteeing, to the extent permitted by law, the payment and performance by Market Building GP, LLC, Market Building Partners, LP, Market Tenant GP, LLC, and Market Tenant, LP, of their respective obligations undertaken in obtaining such financing for the Project, in order to assist with the above Project. 2. This Resolution is effective as of the date of its passage. APPROVED ATTEST: ~n,.Y>i~~ Stephanie M. Moon, MMC I City Clerk S)c.~ David A. Bowers Mayor I I 607 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, . The 18th day of April, 2011. No. 39094-041811. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) for funds from VDOT's Transportation Revenue Sharing Program in the amount of $2,259,096.00, which will require a local match of $2,259,096.00, for the Route 605 (Old Mountain Road) over Tinker Creek - Bridge Replacement and Ninth Street Bridge over the Roanoke River - Superstructure Replacement; and authorizing the execution of the necessary documents, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: I 1 . City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from VDOT's Transportation Revenue Sharing Program in the amount of $2,259,096.00, which will require a local match of $2,259,096.00, for the Route 605 (Old Mountain Road) over Tinker Creek - Bridge Replacement and Ninth Street Bridge over the Roanoke River - Superstructure Replacement, all as more particularly set forth in the City Manager's report dated April 18, 2011, to this Council. 2. The City Manager is hereby authorized to execute any documents necessary to submit such application, 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 submission of such application. APPROVED ATTEST: ~Ih.rr-,o~ Stephanie M. Moon, MMC City Clerk \"-\ J'r7O.~.... ..~ \LJ~. ----~ David A. Bowers Mayor I 608 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2011. No. 39095-041811 . AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and to transfer funding from various bridge projects to the Berkley Road Bridge 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. 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 2008 VRA Bond Funds Appropriated from 2008 VRA Bond Funds Appropriated from 2008 VRA Bond Funds Appropriated from General Revenue Appropriated from 2008 VRA Bond Funds Appropriated from General Revenue Appropriated from State Grant Funds Revenues VDOT -Berkley Rd Bridge Renovations 08-530-9615-9301 08-530-9617 -9301 08-530-9618-9301 08-530-9552-9003 08-530-9616-9301 08-530-9616-9003 08-530-9616-9007 08-530-9616-961 6 $ (92,283.00) (92,420.00) (700.00) (117,585.00) 185,403.00 117,585.00 300,000.00 300,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby di~pensed with. APPROVED ATTEST: ~'rr1.hp~ Stephanie M. Moon, MMC City Clerk S>~~ David A. Bowers Mayor I I I I I I 609 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2011. No. 39096-041811. AN ORDINANCE to appropriate funding from the Federal government for educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplements 309-110-0000-0000-930S-61100-41129-9-01 $2,995,547.00 Revenues Federal Grant 309-000-0000-0000-930S",00000-3841 0-0-00 $2,995,547.00 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: ~~,~O~ City Clerk ~~_h_ ~ ----~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2011. ,No. 39097-041811. A RESOLUTION recognizing and commending the outstanding performance of the 2010-2011 Lucy Addison Middle School Lady Bulldogs Basketball Team. 610 I WHEREAS, the Lady Bulldogs and their Head Coach Brooke Holterman proudly and excellently represented their school by capturing a Middle School Championship at Patrick Henry High School on February 25,2011, defeating the Woodrow Wilson Middle School Eagles; WHEREAS, team member Myesha Logan raked in more than half of the points scoring 11 and Qwonneshia Early scored 10. Both ladies pushed the Bulldogs to an early lead as the games highest point makers; WHEREAS, the Lady Bulldogs team is comprised of 15 players -- Imari Hamon, Qwonneshia Early, Shamera Hardy, Dajah Macklin, Shakayla Andrews, Alexis Preston, Nadjae Stokes, Myesha Logan, Noel Saunders, Bethany Jones, Niya McCadden, Ashley Davis, Octavia Stephens, Dominique Thomas and Kaitlyn Shaw; and WHEREAS, under the leadership of Head Coach Brooke Holterman and assistant coaches Leah Campbell and Takisha Basham, the Lady Bulldogs always played with great teamwork, confidence, composure and determination and reflected great credit on the City of Roanoke finished its season UNDEFEATED. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke I that the Council adopts this means of recognizing and commending the outstanding performance of the 2010-2011 Lucy Addison Middle School Lady Bulldogs Basketball Team and Coach Brooke Holterman and her assistant coaches for their victory in the Middle School Championship. APPROVED ATTEST: ~m.~(]IM) Stephanie M. Moon, MMC City Clerk QQ65-- David A. Bowers Mayor I I I I 611 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of April, 2011. No. 39098-041811. AN ORDINANCE accepting the bid of Market Building Partners, LP, (Lessee) and authorizing a Lease Extension Agreement between the City of Roanoke, Virginia (City), and Lessee, for the extension of an existing lease of property known as the historic City Market Building located at 32 Market Square, S. E., Roanoke, Virginia, (Premises); authorizing the City Manager to execute such Lease Extension Agreement and related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Lease Extension Agreement as well as the original Lease Agreement; noting that one bid was received; and dispensing with the second reading by title of this Ordinance. WHEREAS, an original Lease Agreement dated October 29, 2010, between the City and Market Building Partners, LP, (Lease Agreement) was authorized by Ordinance No. 38986-101810, adopted on October 18, 2010, and was for a 40 year term starting on October 19, 2010; WHEREAS, financing for the renovation and repairs of the historic City Market Building requires a lease greater than 39-1/2 years from the time the Premises is placed into service; WHEREAS, the Premises is expected to be placed into service during 2011, which will require that the term of the original Lease Agreement be adjusted; WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution of a Lease Extension Agreement for the Premises; WHEREAS, one bid for the Lease Extension Agreement was received pursuant to the advertisement and was publicly opened at the. Gouncil meeting held on April 18, 2011 ; 612 I WHEREAS, City Council held a public hearing on such matter at its meeting on Monday, April 18, 2011, at which time all persons were accorded a full and fair opportunity to comment on such matter; and WHEREAS, the most responsive and responsible bid made to the City was deemed to be the bid of Market Building Partners, LP (Lessee) to execute a Lease Extension Agreement for the Premises and to extend the existing Lease Agreement from October 19, 2010, to a date approximately seven (7) days prior to the date when the Premises is anticipated to be placed into service (Extended Commencement Date), which is to be determined, and then the term of the Lease Agreement to be from the Extended Commencement Date for a period 40 years thereafter, and to be otherwise upon the same terms and conditions of the existing Lease Agreement between the City and Market Building Partners, LP. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . The bid of Lessee to execute a Lease Extension Agreement which will extend the Lease of the Premises from October 19, 2010 (Original Commencement Date) to the Extended Commencement Date, which is to be determined, and then I commencing on the Extended Commencement Date for a period of 40 years thereafter, is hereby accepted with all other terms and conditions of the existing Lease Agreement to remain unchanged and in full force and effect. 2. The City Manager is hereby authorized, for and on behalf of the City, to execute a written Lease Extension Agreement between the City and Lessee for the Premises, in a form approved by the City Attorney, and on the terms set forth above, all as set forth in the City Manager's report to Council dated April 18, 2011 . 3. The City Manager is authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Lease Extension Agreement, as well as the original Lease Agreement, and any such other documents relating to the Premises and/or the Project for the Premises. 4. The City Attorney is authOrized to record or cause to be recorded the Lease Extension Agreement in the Clerk's Office for the Circuit Court of the City of Roanoke. I I I I 613 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 6. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: A~'rrJ."lo~ Stephanie M. Moon, MMC City Clerk .:s)~ David A. Bowers Mayor 614 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 2nd day of May, 2011. No, 39099-050211. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2011- 2012 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 2011-2012 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 $162,396.00, plus an I additional $3,360.00; 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 $366,003.00 for Fiscal Year 2011-2012 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 the letter dated May 2,2011, to this Council is hereby approved. I I I I 615 2. In accordance with the Committee's request to the City to fund a reduced portion of the RVTV budget mentioned above, the total amount of $165,756.00 (which consists of $162,396.00 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 2011-2012 as requested in the letter dated May 2, 2011, to this Council. APPROVED ATTEST: ~~~ ~~ Stephanie M. M~MC City Clerk IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 2011. No. 39100-050211. A RESOLUTION accepting a donation of funds from Oakey's Funeral Service and Crematory (Oakey's) to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE) Program to assist with the maintenance of the landscaping in one quadrant of the Hershberger Road and Valley View Mall Boulevard interchange; 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, Oakey's has offered to donate to the City $20,000.00, to be provided in $2,000.00 annual increments over a 10-year period, as part of the BRITE Program to assist the City with the maintenance of the landscaping as described above. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The City of Roanoke hereby accepts the donation from Oakey's of $20,000.00 to the City, to be provided in $2,000.00 annual increments over a 10-year period, all as more particularly set forth in City Manager's report dated May 2, 2011, to this Council. 616 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. I 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Oakey's for its generous donation as part of the BRITE program to assist the City with the maintenance of the landscaping as described aoove. 4. The City Clerk is directed to transmit a copy of this Resolution to Oakey's expressing the City's appreciation for its donation. APPROVED ATTEST: ~m.h\()(W Stephanie M. Moon, ~MC City Clerk ~' David A. Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 2011. No. 39101-050211. I AN ORDINANCE to appropriate funding from the Oakey's Funeral Service and Crematory to the Maintenance and Landscaping of Hershberger and Valley View Boulevard Interchange 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. 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 Third Party Revenue 08-530-9557 -9004 $ 20,000.00 Maintenance and Landscaping-Oakey's 08-530.:9557-9557. (20,000.00) I I I I 617 Pursuant 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\~ Stephanie M. Moon, MMd City Clerk ~ David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 2011. No. 39102-050211. AN ORDINANCE repealing Section 20-69, Parkina reaulations on property of Virainia Western Community Colleae, Division 1, Generallv, Article IV, Stoppina. Standina and Parkina, Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke; providing for an effective date; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 20-69, Parkina reaulations on property of Virginia Western Community Colleae, Division 1, Generallv. Article IV, Stopping. Standina and Parkina, Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke, be and it is hereby REPEALED. 2. This Ordinance shall take effect July 1, 2011. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ~m. h]IlM Stephanie M. Moon, MMC City Clerk g~ David A. Bowers Mayor 618 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of May, 2011. I No. 39103-050211. A RESOLUTION reappointing David B. Carson and Lori E. Vaught as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2011, and ending June 30, 2014. WHEREAS, pursuant to 99-24, Code of the City of Roanoke (1979), as amended, a public hearing was held April 18, 2011, relating to the appointment of School Board Trustees; and WHEREAS, this Council is desirous of reappointing David B. Carson and Lori E. Vaught to fill the vacancies on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. David B. Carson and Lori E. Vaught are hereby reappointed as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2011, I and ending June 30, 2014. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk of Roanoke City School Cindy Poulton, to David B. Carson and Lori E. Vaught. APPROVED ATTEST: ~'m. D'\oo--,J Stephanie M. Moon, ~MC City Clerk I I I I 619 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. No. 39104-050911. A RESOLUTION providing for an amendment of the fees charged at the City owned and/or controlled parking facilities known as the Campbell Garage and Williamson Lot; establishing a new monthly residential parking fee for all City owned and/or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson Lot; authorizing the City Manager to modify, waive, or reduce such parking fees under certain conditions; providing for assessment of certain fees for late payment or nonpayment of such parking fees; establishing an effective date; 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 be amended in accordance with the following new fee schedule: Campbell Garage Fee Schedule Monthly unreserved CURRENT FEE $45.00/mo NEW FEE $35.00/mo Short term weekdays 8 am to 4 pm Per .5 hr. over 2,5 hrs. Short term weeknights 4 m to 9 m Satu rda Sunda Daily Early Bird Special for weekdays $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 . $8. 75/mo Monthl Residential 620 2. The current parking fees for the Center in the Square Garage shall be I amended in accordance with the following new fee schedule: Center in the Square Garage Fee Schedule Monthly reserved $90.00/mo Monthly unreserved $70.00/mo Short term weekdays 8 am to 4 pm $1.00 Per.5 hr. $6.00 over 2.5 hrs. Short term Monday - Thursday $3.00 flat rate 4 pm to 9 pm Short term Friday 4 pm to 12 am $3.00 flat rate (midnight) Saturday (except 4 pm to 12 am- FREE midnight) $3.00 flat rate Short term Saturday 4 pm to 12 am (midnight) Sunday FREE Monthlv Residential $17.50/mo I 3. The current parking fees for the Church Avenue Garage shall be amended in accordance with the following new fee schedule: Church Avenue Garage Fee Schedule Monthly unreserved $65.00/mo Short term weekdays 8 am to 4 pm $1.00 Per .5 hr. $6.00 over 2.5 hrs. Short term weeknights $2.00 flat rate 4 pm to 9 pm Saturday FREE Sunday FREE Monthly Residential $ 16.25/mo I I I I 621 4. The current parking fees for the Elmwood Park Garage shall be amended in accordance with the following new fee schedule: Elmwood Park Garage Fee Schedule Monthly unreserved $65,OO/mo Short term weekdays 8 am to 5 pm Per .5 hr. $1.00 over 2.5 hrs. $6.00 Enter Monday-Friday after 5 FREE pm Saturday FREE Sunday FREE Monthlv Residential $ 16,25/mo 5. The current parking fees for the Gainsboro Garage shall be amended in accordance with the following new fee schedule: Gainsboro Garage Fee Schedule Monthly unreserved $45.00/mo Monthlv student unreserved $22.50/mo Short term weekdays 8 am to 4 pm Per .5 hr. $0.50 over 4.5 hrs. $5.00 Short term weeknights $2.00 flat rate 4 pm to 9 pm Note: A $1 discount off of the evening rate will be made available for Roanoke Higher Education Center students with appropriate student documentation when presented to the attendant on duty. Saturday FREE Sunday FREE Monthlv Residential $".25/mo 622 6. The current parking fees for the Market Garage shall be amended in I accordance with the following new fee schedule: Market Garage Fee Schedule Monthly reserved $85.00/mo Monthly unreserved $65.00/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 Saturday (except 4 pm to 9 pm) FREE Short term Saturday 4 pm to 9 pm $2.00 flat rate Sunday FREE Monthly Residential $ 16.25/mo 7. The current parking fees for the Tower Garage shall be amended in accordance with the following new fee schedule: I Tower Garage Fee Schedule Monthly reserved $85.00/mo Monthly unreserved $65.00/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 Saturday (except 4 pm to 9 pm FREE Short term Saturday 4 pm to 9 pm $2.00 flat rate Sunday FREE Monthlv Residential $ 16.25/mo I I I I 623 8. The current parking fees for the Elmwood Lot shall be amended in accordance with the following new fee schedule: Elmwood Lot Fee Schedule Monthly unreserved $50.00/mo Short term weekdays 8 am to 5 pm Per .5 hr. $1.00 over 2.5 hrs. $6.00 Enter Monday-Friday FREE After 5 pm Saturday FREE Sunday FREE Monthly Residential $12.50/mo 9. The current parking fees for the Higher Ed Center Lot shall be amended in accordance with the following new fee schedule: Higher Ed Center Lot Fee Schedule Monthly unreserved $45.00/mo Monthly student unreserved $22.50/mo Short term weekdays 8 am to 4 pm Per .5 hr. $.50 over 4.5 hrs. $5.00 Short term weeknights $2.00 flat rate 4 pm to 9 pm Saturday FREE Sunday FREE Monthly Residential $11.25/mo 624 10. The current parking fees for the Market Lot shall be amended in I accordance with the following new fee schedule: Market Lot Fee Schedule Monthlv unreserved $70.00/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 Saturday (except 4 pm to 9 pm) FREE Short term Saturday 4 pm to 9 pm $2.00 flat rate Sunday FREE Monthlv Residential $17,50/mo 11. The current parking fees for the Warehouse Row Lot shall be amended in accordance with the following new fee schedule: Warehouse Row Lot Fee Schedule I Monthlv unreserved $60.00/mo Short term weekdays 8 am to 5 pm Per .5 hr. $1.00 over 2.5 hrs. $6.00 Enter Monday-Friday FREE after 5 pm Saturday FREE Sunday FREE Monthlv Residential $15.00/mo I I I I 625 12. The current parking fees for the Williamson Lot shall be amended in accordance with the following new fee schedule: Williamson Lot Fee Schedule Monthly unreserved CURRENT FEE NEW FEE $55.00/mo $60.00/mo Short term weekdays 8 am to 5 pm Per .5 hr. $1.00 over 2.5 hrs. $6.00 Enter Monday-Friday FREE after 5 pm Saturday FREE Sunday FREE Monthly Residential $15.00/mo 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. To provide a specific transportation benefit including reduced traffic congestion; B. To facilitate parking facility cost savings; C. To avoid excessive parking supply; D. To encourage the reduced use of on-street parking; E. To promote, market and/or develop specific parking facilities; F. To ensure an appropriate mix of parking uses in all city facilities; or G. To encourage or enhance the use of downtown parking facilities for special event locations. 14. The City Manager is hereby authorized to modify or waive the parking fees for any of the above parking facilities for City sponsored events or other special events, as the City Manager may deem appropriate. 15. Any payments of monthly parking fees received more than five calendar days after such tees 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. 626 16. NonpaymE?nt of daily parking fees may subject violators to the following I 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 facilities, charges, and related matters will be effective July 1,2011. 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, including the establishment of eligibility requirements for obtaining a monthly Residential Parking Permit. The monthly Residential Parking Permits are replacing the City of Roanoke Residential Parking Program for City Owned and Operated Parking Garages, which was authorized by Resolution No. 38126-061608, adopted June 16, 2008, and which Program ends at midnight on June 30, 2011. 20. Qualified residents of the Central Business District only may apply for up to two (2) monthly residential parking permits per dwelling unit, such permits to provide for parking spaces in any of the City's owned and/or controlled parking facilities subject to availability as determined by the City. Residents must provide proof of being a resident in the City's Central Business District and complete a Residential Parking Permit Agreement which sets forth the terms and conditions by which a Residential Parking Permit will be issued. For the purpose of qualifying for a monthly residential parking permit, the Central Business District is defined as the area bounded by: I BEGINNING at the intersection of Interstate 581 and Kimball Avenue, N. E. and proceeding south on Interstate 581 to its intersection with Elm Avenue, S. E.; then proceeding westwardly along Elm Avenue to its intersection with Franklin Road, S. W.; then proceeding northwardly along Franklin Road to its intersection with Marshall Avenue, S. W.; then proceeding westwardly along Marshall Avenue, S. W. to its intersection with 5th Street, S. W.; then proceeding northwardly along 5th Street, S. W. to its intersection with the Norfolk Southern Railway tracks; then proceeding eastwardly along those railway tracks, to their intersection with 2nd Street/Gainsboro Road, N. W.; then proceeding northwardly along Gainsboro Road, N. W. to its intersection with Wells Avenue, N. W.; then proceeding eastwardly along Wells Avenue through its intersection with Williamson Road, and continuing eastwardly along Kimball Avenue, N. E. to its intersection with Interstate 581, the point of BEGINNING. I 627 I 21. 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 Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson Lot. APPROVED ATTEST: ~q}j...........~ ~ -- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. I No. 39105-050911. A RESOLUTION amending the Fee Compendium to establish new miscellaneous rental fees for the City's Parks and Recreation, 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 changes in descriptions and fees: I - 628 DESCRIPTION Fee charged for rental of miscellaneous items from Parks and Recreation TYPE Tent Rental- 10' x 10' Tent Rental - 20' x 20' Folding Tables Chairs Folding Picnic Tables Barricades Bleachers Movie Set-up for non- rofit events Movie Set-up (for non-residents and for profit events Sectional Stage AMOUNT $100.00 $400.00 I $600.00 Ius labor for Cit staff $750.00 (plus labor for City staff) I $50.00 per section $250.00 minimum 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, 2011. APPROVED ATTEST: I I I I 629 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. No. 39106-050911. A RESOLUTION amending the Plan Review Service Charge portion of the Building Inspection Fees section of the Fee Compendium to establish new fees for building plan reviews and to amend an established building plan review fee, as set out below; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Plan Review Service Charge portion of the Building Inspection Fees section of 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 new fees: TYPE DESCRIPTION FEE Preliminary When the details of proposed The Preliminary Plan Review Plan Review construction require a plan to be Fee shall be equal to one- (no permit submitted to the Building tenth (10%) of the building requested) Commissioner, but no permit is permit fee as shown in the requested by the owner, a schedule of Service Charges Preliminary Plan Review Fee shall for a building permit. be paid to the Inspections Division at the time of submission of the plan and specifications for review. Third Party Plan review for property located The Third Party Plan Review Plan Review outside the boundary of the City of Fee shall be equal to one-half Roanoke. A Third Party Plan (50%) of the building permit Review Fee shall be paid to the fee as shown in the schedule Inspections Division at the time of of Service Charges for a submission of the plan and building permit. specifications for review. 2. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as since amended, shall be amended to reflect the following amendments to an existing fee: 630 TYPE DESCRIPTION FEE Plan Review When the details of proposed The Plan Review Fee (permit construction require a plan to be shall be equal to one-tenth requested) submitted to the Building (10%) of the building Commissioner and a permit is permit fee as shown in the requested by the applicant", a Plan schedule of Service Review Fee shall be paid to the Charge for a building Inspections Division at the time of permit. issuing the permit. . The Plan Review Fee may be revised during the technical review process, and the Plan Review Fee is in addition to the permit fee. Site plan review fees as required by applicable Zoning Ordinance regulations may also apply to some projects. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fees established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect on July 1, 2011. APPROVED ATTEST: I I I I I I 631 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. No. 39107-050911. AN ORDINANCE amending and re-ordaining Section 20-76, Parking spaces reserved for persons with disabilities, of Division 1, Generallv, of Article IV, Stoppina. Standina. and Parkina, of Chapter 20, Motor Vehicles and Traffic, and Section 20-88, Duties of police officers, Section 20-89, Penalties for unlawful parkina, and Section 20- 90, Immobilization of motor vehicles aqainst which there are outstandina parkina violations, of Division 3, Duties of Police Officers: Penalties for Unlawful Parkina, of Article IV, Stopping. Standina and Parkina. of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979) as amended, to allow certain City employees designated by the City Manager, other than police officers or employees of the police department, the authority to immobilize vehicles for outstanding parking fines, and to issue tickets for on-street parking violations; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . Section 20-76, Parkina spaces reserved for persons with disabilities, of Division 1, Generallv, of Article IV, Stoppina. Standina and Parkina, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979) as amended, is hereby amended to read and provide as follows: Sec. 20-76 -Parking spaces reserved for persons with disabilities. * * * (a) No person shall park or leave standing any motor vehicle not displaying a disabled parking license plate, an organizational removable windshield placard, a permanent removable windshield placard or a temporary removable windshield placard issued under 9 46.2-731, Code of Virginia' (1950), as amended ("State Code"), or DV disabled parking license plates issued under subsection B of 9 46.2-739 of the State Code, in a parking space reserved for persons with disabilities that limit or impair their ability to walk or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such a disability in the vehicle. A summons or parking ticket for any offense under this section may be issued to enforce parking regulations by any law enforcement officer, or by any other city employee designated by the city manager, without the necessity of a warrant being obtained by the owner of any private parking area. 632 * * * 2. Section 20-88, Duties of police officers, of Division 3, Duties of Police Officers: Penalties for Unlawful Parkina, of Article IV, Stopping. Standina and Parkina, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979) as amended, is hereby amended to read and provide as follows: Sec. 20-88. Duties of police officers and certain other employees. Each police officer, or such other city employees as the city manager may designate, charged by the city with the duty of enforcing the sections of the preceding two (2) divisions of this chapter shall, upon finding a violation thereof, take the state license number of any vehicle in violation, and the length of time during which such vehicle is parked in violation of a provision of this chapter, and report the same to the police department, or such other city department as determined by the city manager, and make a proper complaint touching such violation. Each such officer or other employee shall attach to such vehicle a written notice, upon form approved by the city manager, to the owner or operator thereof that the vehicle has been parked in violation of a specific provision of a section of the preceding two (2) divisions of this chapter. Such notice shall instruct the owner or operator when and where to report with reference to the violation. 3. Section 20-89, Penalties for unlawful parkina, of Division 3, Duties of Police Officers: Penalties for Unlawful Parkina, of Article IV, Stoppina, Standina and Parkina, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979) as amended, is amended to read and provide as follows: Sec. 20-89. Penalties for unlawful parking. * * * (b) Written notice from a police officer or such other city employees that the city manager may designate, for violation of division 1 of this article and penalties. (1 ) Every person receiving written notice from a police officer or such other city employees that the city manager may designate, that he has violated any of the sections of division 1 of this article may waive his right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of his office or through any other method established by city council for the routine payment of such penalties. I I I I I I 633 For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefore has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: Column 1 Column 2 Column 3 Section Violation Penaltv Penaltv If paid within 15 days of If paid after 15 days of the the issuance by an officer, issuance by an officer, or or such other city such other city employees employees as the city as the city manager may manager may designate, designate, of a notice of of a notice of violation violation 20-65(3); 20-65(6); 20- $10.00 $25.00 65(7); 20-65(10); 20- 65(12); 20-65(13); 20-70; 20-72; 20-73 or 20-75 20-65(14) or 20-68 Warning N/A First violation Ticket 20-65(14) or 20-68 20.00 35.00 Second violation, but the first violation on that calendar day 20-65(14) or 20-68 30.00 45.00 Second violation on the same calendar day 20-65(14) or 20-68 45.00 60.00 For the third or more violation on that calendar day 20 69 (exoept f:ubf:eotion 2{}..00 2{}..00 fi11 20-65(1 ); 20-65(2); 20- 20.00 35.00 65(5); 20-65(8); 20-65(9); 20-66; 20-67; or 20-71 20-65(15) 25.00 40.00 20-65(4) 50.00* 65.00 20-74 50.00 65.00 20 ~~(:~ or 20-76 125.00 140.00 * Includes $30.00 processing fee. 634 (2) If the applicable penalty listed in Column 2 is not paid within fifteen (15) I days of the issuance by an officer, or such other city employees as the city manager may designate, of a notice of violation, then the applicable penalty listed in Column 3 shall apply, A late notice shall be sent by the city's department of billings and collections to the violator. Any violator to whom such late notice is sent may pay the applicable penalty listed in Column 3 above within fifteen (15) days of the date of such late notice. If the violator does not pay the penalty pursuant to such late notice and if the city elects to pursue enforcement of the unsettled parking violation notices through the courts, a law enforcement notice pursuant to 9 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's department of billings and collections to the violator. * * * (c) Once the city has elected to pursue enforcement of the unsettled parking violation notices through the courts and has sent a law enforcement notice pursuant to 9 46.2-941, Code of Virginia (1950), as amended, a violator must pay the penalty provided for in Column 3 above within fifteen (15) days of receipt of the law enforcement notice, or the clerk of the general district court and the officer or such other city employees designated by the city manager responsible for issuing parking summons, shall be notified of the failure to pay such penalty, in order that a summons be issued. * * * I 4. 20-90, Immobilization of motor vehicles aaainst which there are outstanding parking violations, of Division 3, Duties of Police Officers: Penalties for Unlawful Parkina, of Article IV, Stoppina. Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979) as amended, is hereby amended to read and provide as follows: Sec. 20-90. Immobilization of motor vehicles against which there are outstanding parking violations. * * * (b) The immobilization of the vehicle pursuant to this section shall be by or under the direction of an officer or employee of the police department, or such other employee as the city manager may designate, provided that any such immobilization by an employee other than an employee of the police department, shall be done by, or under the direction of, an officer or employee of the police department. * * * I 635 I 5. This Ordinance shall be in full force and effect on July 1, 2011. 6. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED Jonathan E. Cra Deputy City Clerk S\~~~~ - Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. No. 39108-050911. I A RESOLUTION approving and adopting.a School Funding Policy for funding the City's School Division. WHEREAS, Council desires to adopt a specific policy pertaining to the City's funding of it s School Divisions: and WHEREAS, the City Manager and the Director of Finance have transmitted to Council a proposed School Funding Policy, dated May 9, 2011, which has been developed in cooperation with the School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Funding Policy dated May 9, 2011, transmitted by the City Manager and the Director of Finance to Council be and it is hereby approved and adopted as Council's policy with regard to funding the City's School Division. I 636 2. The City Clerk is directed to transmit an attested copy of this resolution to the I School Board of the City of Roanoke and to the School Superintendent. APPROVED ATTEST: ~-<:Q?~~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. No. 39109-050911. AN ORDINANCE adopting the annual General, Civic Facilities, Parking, 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, 2011, and ending June 30, 2012; and I 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, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics and Grant Funds in the fiscal year beginning July 1, 2011, and ending June 30, 2012, shall constitute General, Civic Facilities, Parking, Department of Technology, Fleet Management, 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: I I I I General Fund Revenues General Property Taxes Other Local Taxes Permits, Fees and Licenses Fines and Forfeitures Revenue from Use of Money and Property Intergovernmental Revenue - State & Federal Charges for Current Services Miscellaneous Total Revenues Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Magistrate General District Court Circuit Court Commissioner of the Revenue Sheriff Jail $ 2,607,059.00 13,795,612.00 Commonwealth's Attorney Cost Collections Unit $1,577,800 83,305.00 City Council Mayor Bowers Vice-Mayor Trinkle Council Member Lea Council Member Bestpitch Council Member Price Council Member Rosen $ 216,085.00 13,875.00 4,516.00 4,516.00 4,516.00 9,942.00 4,691.00 637 74,365,000.00 1,053,000.00 1,171,000.00 172,000.00 67,722,000.00 10,080,000.00 559,000.00 $ 258,697,000.00 $1,018,560.00 1,531,706.00 1,389,286.00 30,136.00 4,735.00 31,519.00 532,537.00 1,000,133.00 16,402,671.00 1,661,105.00 638 Council Member Ferris 4,516.00 262,657.00 City Attorney 972,042.00 I City Clerk 481,940.00 Municipal Auditing 646,929.00 Department of Finance $2,085,575.00 Office of Billings and Collections 817,429.00 Real Estate Valuation 1 ,006,404.00 Board of Equalization 11,569.00 3,920,977.00 Residual Fringe Benefits 2,816,666.00 Miscellaneous 100,000.00 Transfers to School Fund 76,770,914.00 Transfers to Greater Roanoke Transit Company 1,654,105.00 Transfers to Debt Service Fund 14,191,207.00 Transfer to Other Funds 4,195,240.00 Funding for Reserves 500,000.00 Electoral Board 327,016.00 Office of Communications 418,978.00 I City Manager 782,505.00 Roanoke Arts Commission 280,437.00 Economic Development 1,699,418.00 Memberships and Affiliations 1,530,536.00 Personnel Lapse 1 ,812,526.00 Contingency 1,716,616.00 Department of Management and Budget 471,157.00 Human Resources $ 981,303.00 Employee Health Services 592,000.00 1 ,573,303.00 E911 Center 2,311,038.00 E911 Wireless 608,000.00 2,919,038.00 Director of General Services and Management Services Purchasing $168,535.00 61,675.00 381,136.00 611,346.00 Building Maintenance Custodial Services $ 4,564,171.00 703,588.00 5,267,759.00 I 639 I Fire Administration $ 636,669.00 Fire Support 1,033,649.00 Fire Operations 15,166,912.00 Emergency Management 102,665.00 Emergency Medical Services 1 ,506,675.00 18,446,570.00 Director of Public Works $ 150,911.00 Solid Waste Management 6,405,052.00 Transportation - Streets and Traffic 4,989,869.00 Transportation - Paving 2,882,111.00 Transportation - Snow Removal 110,281.00 Transportation - Street Lighting 1,155,989.00 Transportation - Engineering & Operations 1 ,776,378.00 Environmental Management 184,699.00 Engineering 1,450,437.00 19,105,727.00 Planning and Development $ 1,213,562.00 Building Inspections 722,024.00 I Neighborhood Support 97,031.00 Neighborhood Services 1,252,067.00 3,284,684.00 Parks $ 2,874,002.00 Parks & Recreation Administration 1,265,274.00 School Playground Services 114,433.00 Recreation 1,467,631.00 5,721,340.00 Director of Human Services/Social Services . $ 1,869,128.00 Benefits 5,574,468.00 Social Services - Services 18,075,801.00 Employment Services 1,578,029.00 Foster Parent Training 135,458.00 Human Services Support 280,546.00 27,513,430.00 Youth Haven $ 625,645.00 Outreach Detention 249,502.00 875,147.00 Health Department 1,412,257.00 Mental Health 448,890.00 I Human Services Committee 430,582.00 Comprehensive Services Act (CSA) 10,676,087.00 640 CSA - Administration Virginia Cooperative Extension Service 165,497.00 68,300.00 I Police Administration Police Investigation Police Patrol Police Services Police Training Police Animal Control $ 660,163.00 3,534,647.00 13,011,752.00 2,506,285.00 521,436.00 1,106,408.00 21,340,691.00 Libraries Law Library Total Appropriations $ 3,189,466.00 117,684.00 3,307,150.00 $ 258,697,000.00 Civic Facilities Fund Revenues Operating $ 2,428,855.00 I Non-Operating 1,977,100.00 Total Revenues $ 4,405,955.00 Appropriations Operating Expenses $ 3,113,964.00 Debt Service 1,291,991.00 Total Appropriations $ 4,405,955.00 Parkina Fund Revenues Operating $ 3,175,000.00 Total Revenues $ 3,175,000.00 Appropriations Campbell Garage 98,954.00 I Market Garage 145,539.00 I 641 Elmwood Park Garage Center in the Square Garage Church Avenue Garage Tower Garage Gainsboro Garage Market Lot Elmwood Lot Warehouse Row Lot Williamson Lot Higher Ed Center Lot Operating Debt Service Total Appropriations 135,245.00 120,671.00 202,044.00 194,219.00 146,122.00 21,648.00 31,007.00 16,514.00 24,380.00 25,794.00 251,000.00 1,761,863.00 $ 3,175,000.00 Department of Technoloav Fund Revenues I Operating $ 5,397,515.00 Total Revenues $ 5,397,515.00 Appropriations Technology - Operating $ 4,275,649.00 Capital Outlay 600,000.00 Radio Technology 521,866.00 Total Appropriations $ 5,397,515.00 Fleet Manaaement Fund Revenues Operating $ 6,581,448.00 Non-Operating 100,000.00 Total Revenues $ 6,681,448.00 Appropriations I Operating Expenses $ 4,768,198.00 642 Capital Outlay Total Appropriations 1,913,250.00 $ 6,681,448.00 Risk Manaaement Fund Revenues Operating Total Revenues $ 15,089,846.00 $ 15,089,846.00 Appropriations Risk Management Administration Risk Management - Other Expenses Total Appropriations $ 1,073,539.00 14,016,307.00 $ 15,089,846.00 School General Fund Revenues $145,504,880.00 Appropriations $145,504,880.00 School Food Services Fund Revenues $ 6,050,000.00 Appropriations $ 6,050,000.00 School Athletics Fund Revenues $ 1,200,000.00 Appropriations $ 1,200,000.00 Grant Fund I I I 643 I Revenues Total Revenues $ 321,098.00 Appropriations Regional Drug Prosecutor Victim Witness Virginia Juvenile Community Crime Control Homeless Assistance Team Grant Match Total Appropriations $ 27,900.00 29,386.00 126,885.00 36,927.00 100,000.00 $ 321,098.00 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. I 4. That funding for all outstanding encumbrances, at June 30, 2011, are re- appropriated to the 2010-12 fiscal year to the same department and account for which they are encumbered in the 2010-11 fiscal year. 5. That this ordinance shall be known and cited as the 2011-12 General, Civic Facilities, Parking, 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: .~ Jonathan E. Craft Deputy City Clerk ~(7Jt1)~u_ ...:::'...)~. -- .~ David A. Bowers Mayor I 644 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 9th day of May, 2011. No. 39110-050911. AN ORDINANCE authorizing the City Manager to promulgate a Classification Plan for officers and employees of the City effective July 1, 2011; 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; continuing the temporary salary reductions of the Mayor, Vice-Mayor, and members of Council; I 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 92-68, Code of the City of Roanoke (1979), as amended, effective July 1, 2011. 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 Ordinance No. 38450-051109 and class code to each position in the classified service of this City. 2. 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: I I I I 645 POSITION TITLE ANNUAL SALARY INCREMENT Appraiser I $ 2,000.00 Appraiser" $ 2,000.00 Assistant City Managers $ 2,000.00 (unless City Manager has assigned a City vehicle to the individual Assistant) City Attorney $ 2,500.00 $ 2,500.00 $ 6,000.00 $ 2,000.00 $ 2,500.00 $ 2,000.00 $ 2,500.00 $ 2,000.00 $ 2,000.00 City Clerk City Manager Deputy Director of Real Estate Valuation Director of Finance Director of Real Estate Valuation Municipal Auditor Tax Compliance Supervisor Supervising Appraiser 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. 3. 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. 4. 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. 5. 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. 646 6. 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. I 7. 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. 8. 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. 9. 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 4, above, then the employee shall, in addition to the EMT stipend, receive the difference between such stipend and the merit pay authorized I hereby. 10. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly if the member actually attends a regularly scheduled meeting during that month, 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. 11. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly if the member actually attends a regularly scheduled meeting during that month, 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). 12. When any salary increase provided in paragraphs 7, 8, or 9 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 I receive a salary increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. I I 647 13. 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 s~all have the base annual salary reduced by five percent (5%). 14. The City Manager is authorized to promulgate an administrative policy and procedure to provide a pay stipend to eligible employees who use personal cell phones and personal data assistants for City business. The monthly pay stipend, payable on a bi-weekly basis, shall be $30.00 for a cell phone and $50.00 for a personal data assistant. 15. For the fiscal years beginning July 1, 2010, and ending June 30, 2012, 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 For the fiscal year beginning July 1, 2012, and ending June 30, 2013, 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 16. The provisions of this ordinance shall be in full force and effect on and after July 1, 2011. 17. Pursuant to 912 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: ~~ Jonathan E. crY Deputy City Clerk David A. Bowers Mayor I 648 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. I No. 39111-050911. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 9, 2011. WHEREAS, by letter of May 9, 2011, the City Manager has presented an update to the City's Five-Year Capital Improvement Program for Fiscal Years 2012-2016 in the recommended amount totaling $79,559,529.00; 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; 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 I update to the Five-Year Capital Improvement Program for the City of Roanoke for Fiscal Years 2012-2016, and the related funding recommendations, as set out in the letter of the City Manager dated May 9,2011. . APPROVED ATTEST: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. No. 39112-050911. , AN ORDINANCE to appropriate funding for the FY 2012-2016 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2011- .... I 2012 General, Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. 649 I BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011-2012 General, Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund 01-250-9310-9508 $ (75,000.00) Deer Culling 01-640-3530-2823 75,000.00 Capital Proiects Fund Appropriations Appropriated from General Revenue 08-300-9608-9003 300,000.00 Appropriated from General Revenue 08-300-9609-9003 100,000.00 Appropriated from General Revenue 08-300-961 0-9003 100,000.00 Appropriated from General Revenue 08-530-9552-9003 500,000.00 VDOT Match 08-530-9575-9210 120,614.00 Contingency 08-530-9575-9220 351,608.00 Appropriated from General Revenue 08-530-9736-9003 49,820.00 Appropriated from General Revenue 08-620-9667 -9003 300,000.00 Revenues I Transfer from General Fund 08-110-1234-1037 1,822,042.00 Grant Fund Appropriations Local Match Funding for Grants 35-300-9700-5415 100,000.00 Revenues Local Match Funding for Grants l 35-300-9700-5207 1 OO,OOo.~OO , Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. \- APPROVED ATTEST: ~-~~ /~E.c70 Deputy City Clerk @"Q:?t?-..... David A. Bowers Mayor I 650 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. I No. 39113-050911. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the YMCA Aquatic Center and Comprehensive Greenway Trail projects, amending and reordaining certain sections of the 2011-2012 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 2011-2012 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated From General Revenue Fund Balance Economic and Community Development Reserve-Unappropriated 08-620-9757 -9003 08-620-9753-9003 $200,000.00 200,000.00 08-3365 (400,000.00) I Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: @~ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. No. 39114-050911. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the Enterprise Zone Fagade project, amending and I reordaining certain sections of the 2011-2012 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 651 I BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011-2012 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08-310-9849-9003 Fund Balance Economic and Community Development Reserve-Unappropriated 08-3365 $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: Jonathan E. Cr Deputy City Clerk ~~b"'_"" "- ~~c --- -_ David A. Bowers Mayor I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of May, 2011. No. 39115-050911. A RESOLUTION approving the 2011-2012 Annual Update ("Annual Update") to the 2010-2015 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Annual Update tq'the United States Department of Housing and Urban Development ("HUD") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual Update. WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, and Emergency Shelter Grant funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5-year Consolidated Plan and Annual Updates; I 652 WHEREAS, opportunities for community input regarding the Annual Update were I provided at public meetings held November 16, 2010, and March 29, 2011, and at a City Council public hearing on April 28, 2011, by a 30-day public review and comment period beginning April 4, 2011, and ending May 3, 2011, by dissemination of information to all library branches, the Law Library, the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's office and HUD Community Resources Division for public inspection, by letters to a mailing list of interested individuals and organizations, including the Roanoke Neighborhood Advocates, and by publishing information in local print media 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, 2011, 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 report dated May 9, 2011, to this Council. I APPROVED ATTEST: , ~ - /. nathan E. Cr Deputy City Clerk I I I I ( 653 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2011. No. 39116-051611. A RESOLUTION memorializing the late Robert Wells Woody, former Mayor of Roanoke, the City's first Citizen of the Year, and distinguished longtime resident of the City. WHEREAS, Mr. Woody was a 1935 graduate of Roanoke College who was awarded the Honor of the Blue Key, and went on to earn a Masters in Business Administration from Harvard Business School in 1937; WHEREAS, Mr. Woody joined the United States Navy in June 1942, in which he served as a Communications Officer and an Admiral's Aide, and where his duties supported the Normandy invasion, and Woody later earned the Bronze Star while serving in the Pacific Theatre, and was honorably discharged with the rank of Lieutenant at the end of World War II; WHEREAS, Mr. Woody was a long-standing business leader in Roanoke, first as president of Roanoke Hardware Company, and later as chairman and president of Nelson Roanoke Corporation, then president and CEO of the Vance Company, and also served as president of the Chamber of Commerce in 1980; WHEREAS, Mr. Woody was elected to City Council in 1952, serving first as Vice- Mayor for two years, and then as Mayor for two years, for a term spanning 1952 to 1956; WHEREAS, Mr. Woody gave back to his community in innumerable ways, serving on the board of. Carilion Health System and Roanoke Hospital Association for nearly 40 years, including 18 years as chairman, as well as serving many years on the boards of Roanoke Gas Company, Walker Machine and Foundry, First National Exchange Bank, First Federal Savings & Loan, Roanoke College, and the Virginia Foundation for Independent Colleges; WHEREAS, Mr. Woody also gave his time to many area nonprofit organizations, including the Roanoke Historical Society, Roanoke Fine Arts Museum, and Roanoke Symphony Society, as well as leading the General Campaign for Center in the Square; 654 WHEREAS, Mr. Woody continued his dedication to local government over the years by serving as chairman of the Roanoke City Budget Planning Commission, chairman of the Roanoke Charter Study Committee, chairman of the Roanoke Municipal Airport Commission, vice-chairman of the City's Industrial Development Authority, chair of the campaign for the Roanoke Civic Center Building Committee, and chair of the restoration project for the Mayors Monument in Elmwood Park, attending its rededication in 2009; I WHEREAS, the ever-modest Mr. Woody received the Jaycees' Outstanding Civic Citizen Award in 1966, Roanoke College's Medal for Distinguished Service and Professional Achievement in 1967, Roanoke's inaugural Citizen of the Year Award in 1981, and was inducted into the Southwest Virginia Business Hall of Fame in 1996; WHEREAS, Mr; Woody was a longtime member of St. John's ~piscopal Church and was active in its Vestry; WHEREAS, despite the enormous energy he gave to his business and civic interests, Mr. Woody's family was the most important part of his life, and he took great joy in his 69-year marriage to his wife, Betty, and was devoted to his children and their families, and his many wonderful nieces, nephews and cousins; and WHEREAS, Mr. Woody valued truth, duty and honor, community and country, I and brought a note of gentlemanly grace to his outstanding legacy of service and leadership. 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 Robert Wells Woody, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Woody's widow, Betty Beasley Woody, of Roanoke, Virginia. APPROVED ATTEST: ~ m.MlJY\l Stephanie M. Moon, ~MC City Clerk ~-s2Ql~Hw ~ - -- David A. Bowers Mayor I I I I 655 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2011. No. 39117-051611. AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and short term group home placement of eligible juveniles who are residents of the City of Roanoke in residential group homes owned and operated by the City of Lynchburg, in connection with the City of Roanoke's Shelter Care Program, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and attest respectively, a Memorandum of Understanding between the City of Lynchburg, Virginia, and the City of Roanoke, Virginia, to allow the emergency and short term group home placement of eligible juveniles who are residents of the City of Roanoke in residential group homes that are owned and operated by the City of Lynchburg, in connection with the City of Roanoke's Shelter Care Program, for a term commencing July 1, 2011, and ending June 30, 2012, for an expected cost of $86,091.00, and as further described in the City Manager's report to this Council dated May 16, 2011. 2. The City Manager is authorized to enter into successive one-year terms of this Memorandum of Understanding with the City of Lynchburg for the above referenced purposes, in accordance with the terms of the Memorandum, upon mutual agreement of the parties. 3. All documents necessary for this execution shall be in a 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 ATTEST: ~\n. Stephanie M. Moon, ~ City Clerk ;])~~: David A. Bowers Mayor 656 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of May, 2011. No. 39118-051611. A RESOLUTION authorizing an Agreement with the Roanoke Valley Convention and Visitors Bureau for the purpose of increasing tourism in the Roanoke Valley; and authorizing the City Manager to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. 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 1,2011, with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2011, through June 30, 2012, 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 report dated May 16, 2011, to this Council. 2. The contract amount authorized by this resolution shall not exceed I $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 City Manager's report. 4. The City Manager is further authorized to take such actions and execute such documents as necessary to implement, administer, and enforce such Agreement. APPROVED ATTEST: ~~~~ City Clerk ~QG1~~.vv David A. Bowers Mayor I I I I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2011. No. 39119-051611. 657 AN ORDINANCE to appropriate funding from the Federal government and local match for various educational programs, amending and reordaining certain sections of the 2010-2011 School 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 2010-2011 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Speech-Language Pathologist Incentive Pay 302-234-0000-0050-164E-62240-41129-2-01 Social Security 302-234-0000-0050-164E-62240-42201-2-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0370-164E-62240-41129-2-01 Social Security 302-234-0000-0370-164E-62240-42201-2-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0220-164E-62240-41129-2-01 Social Security 302-234-0000-0220-164E-62240-42201-2-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0350-164E-62240-41129-9-01 Social Security 302-234-0000-0350-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0210-164E-62240-41129-9-01 Social Security 302-234-0000-02:1 0-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0230-164E-62240-41129-9-01 Social Security 302-234-0000-0230-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pa 302-234-0000-0150-164E-62240-41129-9-01 Social Security 302-234-0000-0150-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0390-164E-62240-41129-9-01 Social Security 302-234-0000-0390-164E-62240-42201-9-01 Speech-Language Pathologist Incentive Pay 302-234-0000-0400-164E-62240-41129-3-01 Social Security 302-234-0000-0400-164E-62240-42201-3-01 Revenues Federal Grant Receipts $1,673.00 127.00 1,115.00 85.00 2,788.00 212.00 2,788.00 212.00 558.00 42.00 278.00 22.00 558.00 42.00 976.00 74.00 418.00 32.00 $12,000.00 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'h1D~ Stephanie M. Moon, MMC } City Clerk ~~Gcl-- David A. Bowers Mayor 658 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 16th day of May, 2011. No. 39120-051611. A RESOLUTION paying tribute to William Fleming High School graduate Troy Daniels and the Virginia Commonwealth University Rams men's basketball team on the occasion of reaching the Final Four in the 2011 NCAA championships. WHEREAS, Troy Daniels attended William Fleming High School and played basketball for the Colonels and Coach Mickey Hardy from 2006 to 2009; WHEREAS, Troy played in three straight Virginia High School League AAA State Tournaments, was instrumental in leading the Colonels to victory in the 2007 title game by scoring a team-high 22 points, and also helped Fleming reach the 2009 final, averaging 16.3 points that season and making the All-Group AAA first team; WHEREAS, during his senior season Troy earned Virginia High School Coaches' Association AAA First-Team All-State honors for the Colonels, was named Northwest Region Player of the Year and Roanoke Times Player of the Year, was rated a three- star prospect by Rivals.com, and 35th-best shooting guard in the country by Scout.com; WHEREAS, in May 2009 Troy committed to play basketball at Virginia Commonwealth University because he wanted to play for recently hired head coach Shaka Smart; I WHEREAS, the sophomore suffered a broken foot in the first start of his college career on January 29,2011, against UNC Wilmington, but recovered and played in the final moments of VCU's 59-46 NCAA opening-round win against Southern Cal of the Pac 10 Conference; WHEREAS, the 11 th-seeded Rams, who some were skeptical about being in the tournament, would go on to beat many of the elite teams and conferences and in the country, posting a 74-56 win over 6th-seed Georgetown (Big East), a whopping 94-76 win over 3rd-seed Purdue (Big 10), and a 72-71 win over 10th-seed Florida State (Atlantic Coast Conference); WHEREAS, Troy saw court time in the Georgetown, Purdue, and Florida State games, including scoring a three-pointer against the Boilermakers; WHEREAS, VCU stunned sports fans with an improbable 71-61 win over the Southwest Region Number 1 seed Kansas Jayhawks (Big 12) to make it to the Final I Four; I I I 659 WHEREAS, the Rams led the 8th-seeded Butler Bulldogs for much of the first half of their Final Four tilt on April 2, and re-took the lead several times in the second half before succumbing by a score of 70-62 to the team that was championship runner- up in both 2011 and 2010; WHEREAS, even in defeat, VCU earned an enthusiastic ovation from the audience at Houston's Reliant Stadium, and the Rams' storybook run united the City of Richmond, and fans across the Commonwealth, with a sense of shared excitement and pride in the team's success; and WHEREAS, reaching the Final Four marks the achievement of one of Troy's lifelong dreams, and lights a path for future success for an already accomplished student athlete. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 3. Council adopts this Resolution as a means of recognizing and commending Troy Daniels and the VCU Rams for their outstanding achievement in reaching this year's Final Four. 4. The City Clerk is directed to forward an attested copy of this Resolution to Troy Daniels, and to Coach Shaka Smart of Virginia Commonwealth University. APPROVED ATTEST: ~M. m/IlJr,.) Stephanie M. Moon, MMC ) City Clerk ~0--- David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2011. No. 39121-051611. 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. 660 WHEREAS, Marian M. Shockley Ali, has made application to the Council of the I City of Roanoke, Virginia ("City Council"), to have the property located at 431 Elm Avenue, S. W., bearing Official Tax No. 1020115, rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by 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 16, 2011, 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 Comrylission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. I THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map No.1 020115, located at 431 Elm Avenue, S. W., be and is hereby rezoned from RM-1, Residential Mixed Density District, to MX, Mixed Use District, as set forth in the Zoning Amendment Application dated March 3,2011. 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: #iL \no hJow Stephanie M. Moon, MMC City Clerk ~~ David A. Bowers Mayor I I I I 661 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of May, 2011. No. 39122-051611. AN ORDINANCE amending and reordaining various sections and Appendix A, Definitions, of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning ordinance and making certain amendments thereto; 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 sections 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. 36.2-108. Vested rights. * * * (b) For purposes of this Section and without limitation, the following are deemed to be significant affirmative governmental acts allowing development of a specific project: * * * (7) The zoning administrator or other administrative officer has issued a written order, requirement, decision or determination regarding the permissibility of a specific use or density of the landowner's property that is no longer subject to appeal and no longer subject to change, modification or reversal under Subsection C of & 15,2-2311 of the Code of Virginia (1950), as amended. * * * Sec. 36.2-201. Establishment of districts. In order to carry out the purposes of this Chapter, the City of Roanoke shall be divided into zoning districts as established below: 662 (a) Base districts. The following base zoning districts are hereby established: (1) Residential zonina districts: Residential-Agricultural District (RA) ~ Residential Single-Family District (R-12) ~ Residential Single-Family District (R-7) R-a Residential Single-Family District (R-S) -R-a Residential Single-Family District (R-3) RM4 Residential Mixed Density District (RM-1) RM-2 Residential Mixed Density District (RM-2) Residential Multifamily District (RMF) (2) Commercial zoning distriots: Multiple purpose zonina districts: Mixed Use District (MX) Commercial-Neighborhood District (CN) Commercial-General District (CG) Commercial-Large Site District (CLS) DOII"Atoll"A Distriot (D) r, r. " , institutional Distriot (IN) Reoreation and Open Spaoe District (ROS) Urban FJox Distriot (UF) (3) Industrial zonina districts: Light Industrial District (1-1) Heavy Industrial District (1-2) Airport Development District (AD) (4) Speoial purpose zoning districts: Downto',fw'n Distriot (D) Mixed Use Distriot (MX) Institutional Distriot (IN) Reoreation and Open Spaoe Dictriot (ROS) Airport Development Distriot (AD) Mixed Uce Planned Unit Dovelopment District (MXPUD) Inctitutional Planned Unit Dovelopment Dictriot (INPUD) Inductrial Planned Unit Development District (IPUD) Urban Flex Dictriot (UF) (4) Planned Unit Development Districts: Mixed Use Planned Unit Development District (MXPUD) Institutional Planned Unit Development District (INPUD) Industrial Planned Unit Development District (IPUD) I I * * * I 663 I Sec. 36.2-204. Use regulations. * * * (b) Permitted uses. (1) The permitted uses, as of right and by special exception, for each base zoning district are set forth in matrix format in Section 36.2 340 and are referred to in this Chapter ao a "Use Matrix" table format in Article 3 referred to in this Chapter as "Use Tables." * * * (c) Interpretation of Use matrix Tables, (1) In the case of mixed uses, the regulation for each use, as provided in Article 3, shall apply to that portion of the building or land so utilized used unless otherwise provided. (2) If a use is specifically identified in the Use Matrix Tables, while a more general use category is also listed, the regulations and applicability of the specifically identified use shall govern. I (3) For a use not identified in the Use Matrix Tables, the Zoning Administrator may determine that such use is substantially the same as another use otherwise permitted in the Use Matrix Tables. Such decision of the Zoning Administrator shall be recorded in writing. Sec. 36.2-205. Dimensional regulations. * * * (f) Front yards. * * * (2) In the R 7, R 5, and R 3 Residential Single Family Districts and the RM 1 and RM 2 Residential Mixed Density Districts, the required depth of the front yard shall be determined and applied in aocordance with subsections (,^.) and (B), below, except that 'Nhere a lot has frontage on a cui de cac, the minimum and maximum front yard depths of the applicable zoning district shall apply. In the application of Subcection (^) or (B), the Zoning Administrator may require a greater yard depth for public safety reacons. I 664 (:'\) . . R adj'oining lots, the .. are bUildings on t e . dictriot Where there is a bUII~~~r~~t yards of the applioablo ~o;'~~nt yard minimum aAd maxim 0 uimd minimum and maxim has lAo shall not apply, and tho rn~d by whichovor ad)OIAlAg 10tbsootiOAS depths shall be .determl lard depth ::u:: set forth In cu l-.alloUlest est:lbllshed front }J CH.. ( ) beloUl (i), (ii), (ii i), (iv), and - v - _. . -' , t uard dopth lie. t establlshel:t tron 1 f t If the line of the shallowes . . um and the m:lximum ron bet'tleen the line~ of the n:'1~Ir:m front yard depth shall be yards of the diotnot, tho ~:~~ established front yard dep~h~ equal te the ohallowool ~he maximum front yard depth s ~h of the adjoining lots, and h the minimum front yard dep be five (5) feet greater t ~n . bl' hed by this subseotlon, eola IS IhaA . ont 'ard depth is groo.te~ If the shallewesl eol~bl~hdee~~ ef ~he diolriol, Ihe m~~mhu~ Ihe maximum fronl yar al te Ihat shallewest e6lab '~ e t :;~~: ~~;: :~~~ ~~~~:~~~~nir;;:~:S;r~~~ ;~~m~~i;~mof r~hAe I d depth sho.lI be the mini }Jar lioable zoning distriot; app . enl 'am depth is less thaA the (iii) If Ihe shallowest e~t~bl~~~e~ :~o drslriOl, bul gr"aI", t~~: t~e~ minimum front yar e I d del3th sh:lll be equa . (10) feet, Ihe mini!"'um fr{m~/~~rd depth, and the maxlmu~ 1-.:llloUlect established fro 'Y (10) feet greater th:ln th SH.. tR sRall be ten t' . SF front yo.rd dep bliched by this subsec Ion, . 'mum Y:lrd depth esta mlAl I 'ard depth 10 leos Ihan ten (iv) If the chaIlO\\'ect eSto.bliche~ ~ro~ d}Jepth shall be ten (10) feet, (10) feet, the minimum f~~~d )d~Pth sho.lI be twenty (20) feet. o.nd the maximum front 'Y h to the front of ::m the oace of an :lddition o~ a ~~~~ion is unenoloced by ~~isling priAoipal oIruoture: Wh,::'7roAI yard depth ohall be len solid vertioal walls, Ihe ml~~~~stabliGhed building -"ne 0: Ihn~ (10) feet shall"""" Ihan "ided thai suoh mlAlmum ro f exicting prinoip:l1 structure, ~~~v minimum front Y:lrd depth 0 'ard depth is no less t~a~ 'i I' able zoning dlstnot. the app 10 h '1...I'n"s on the "hf or :lre no tlU11:t1 ::;, a tD' \^'here thero is no b~1 "lng nd m:lximum front yar '''7 n I I Ihe mlAlmum a II ply :ldjoining 0 c, "bl zoning district ch:l ap . depths for the appllca e I (i) (ii) I (v) I 665 I (2)(6) In all zoning dictricts, other than those set forth in Subsection (2) above, tRe The required depth of the minimum and maximum front yards shall be established by the applicable zoning district regulations as set forth in Article 3. [Subsections (f)(4) and (f)(5) of 36.2-205(f) are renumbered to (f)(3) and (f)(4), respectively, but are otherwise unchanged] * * * (i) Yards-Corner lots and throuah lots (1) In the case of a oorner lot v./ith two (2) street frontnges, in the R 7, R 5, and R 3 Residential Single Family Districts and the RM 1 and RM 2 Residential Mixed Density Distriots, minimum front yard depths shall be determined ac follows: (A) One front yard shall be provided pursuant to the requirements of Seotion 36.2 205(f)(2); and I (8) l\ seoond front yard shall be provided of at least one half (1~) the minimum front yard depth required by the applioable zoning district, but not to be less than ten (10) feet. (2) In the oase of a oorner lot with t\vo (2) street frontages in all zoning distriots other than those. set forth in subseotion (1) above, minimum front yards shall be provided as follO'.vs: (.^.) One front yard shall be provided purcu::mt to the minimum front yard requirements of the applioable zoning distriot; and (8) l\ seoond front yard shall be provided of at least one half (14) the depth resulting from subseotion (:\) above. (3) In the case of a oorner lot with more than hvo (2) street frontages in the R 7, R 5, and R 3 Residential Single Family Districts and the RM 1 and RM 2 Residential Mixed Density Distriots, minimum front yards shall be provided as follows: (.^.) Two (2) front yards shall be provided pursuant to Seotion 36.2 205(f)(2); and I (8) Additional front yards shall be provided of at least one half (1'2) the minimum front yard depth required by the applicable zoning district, but not to be less than ten (10) feet. 666 (4) In the case of a corner lot with more than two (2) street frontagee in all zoning districts other than those set forth in subsection (3) above, front yards shall be provided as follows: (/\) Two (2) front yarde shall be provided pursuant to the minimum front yard requirements of the applicable zoning district; and (8) /\dditional front yards shall be provided of at least one half O~) the depth of one (1) of the yards resulting from subsection (!\) above. (5) In the case of any corner lot, any yards remaining after full and half depth front yards have been established, as set forth in subsections (1-), (2), (3), and (4) above, shall be considered side yarde. (6) In the case of any corner lot, v..here maximum front yards are established by this Chapter, euch maximum front yard requirements shall apply to only one (1) of the front yarde, except in the Urban Flex District (UF), where the maximum front yard requirements shall apply to at leaet t\,\IO (2) front yards. (1) Corner lots having two street frontages shall provide yards as follows: (A) In a district where Section 36.2-313 applies, one front yard shall be provided with the minimum and maximum depths determined by that Section. The other front yard shall be subject only to a minimum required depth of one-half the minimum front yard required by the district. (8) In all other districts, one front yard shall be provided with the minimum and maximum depths of the district. The other front yard shall be subject only to a minimum required depth of one-half the minimum front yard required by the district. (C) Any yards remaining after front yards have been provided shall be considered side yards, I I I 667 I (2) Corner lots having more than two street frontages shall provide a front yard for each frontage: (A) In a district where Section 36.2-313 applies, two front yards shall be provided with the minimum and maximum depths determined by that Section. Any other front yards shall be subject only to a minimum required depth of one-half the minimum front yard required by the district. (B) In all other districts, two front yards shall be provided with the minimum and maximum depths of the district. Any other front yards shall be subject only to a minimum required depth of one-half the minimum front yard required by the district. (C) Any yards remaining after front yards have been provided shall be considered side yards. (3) Through lots shall provide a front yard for each frontage: I (A) In a district where Section 36.2-313 applies, one front yard shall be provided with the minimum and maximum depths determined by that Section. The other front yard shall be subject to only the minimum front yard depth required by the district. (B) In all other districts, one front yard shall be provided with the minimum and maximum depths of the district. The other front yard shall be subject only to the minimum front yard required by the district. (C) Any yards remaining after front yards have been provided shall be considered side yards. (4) In the case of any corner lot or any through 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 that the maximum front yard requirements shall apply to at least two (2) front yards of any corner lot in the UF District. I 668 (j) Yards Through lots. (1) In the case of a through lot, front yards shall be provided on both frontages. (2) In the R 7, R 5, and R 3 Recidential Single Family Districts and the RM 1 and RM 2 Residential Mixed Density Districts, one (1) front yard shall be provided purcuant to Section 36.2 205 (f)(2), and one (1) front yard shall be provided pursuant to the minimum front yard requirement of the applicable zoning district. (3) In all zoning districts other than those set forth in subsection (2) abo'.'e, the required depth of the minimum and maximum front yards shall be established by the applicable zoning district regulations as set forth in !\rticle 3. (4) In the case of a through lot, side yards shall extend from the rear lines of the front yards required. I (5) In the cace of a through lot, \.vhere maximum front yards are established by this Chapter, such maximum front yard requirementc I shall apply to only one (1) of the front yards. * * * W(j) Heiaht. (2) Exemptions: * * * (C) In all zoning districts, the maximum height regulations set forth in each base zoning district shall not apply to any wind turbine, such structures being subject to the height limitations provisions of Section 36.2-403(m) I 669 I ARTICLE 3. REGULATIONS FOR SPECIFIC ZONING DISTRICTS * * * DIVISION 1. BASE DISTRICTS-RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL (Section 36.2-310 through 36.2-315-1 are combined and renumbered, below) DIVISION 2. BASE DISTRICTS-SPECIAL PURPOSE DISTRICTS (Section 36.2-320 through 36.2-329-1 are combined and renumbered, below) DIVISION.1 RESIDENTIAL DISTRICTS Sec. 36.2-310, Purposes of the residential districts. I fa) The purpose of the RA District is to provide for the continued use of agriculturally productive lands. Uses and standards in this district are intended to preserve and protect agricultural lands by maintaining a low population density and a rural character of development. (b) The purpose~ of the R12, R-7, R-5, and R-3 Districts are to protect residential neighborhoods, to provide a range of housing choices, and to incorporate neighborhood principles,/, including lot frontages, building setbacks and densities,/, that are customary in urban and suburban neighborhoods. (c) The purpose of the RM-1 and RM-2 Districts is allow for a mix of single-family detached, single-family attached, two-family, townhouse, and multifamily dwellings in order to provide a range of housing choices. (d) The purpose of the RMF District is to permit dense housing development by providing for multifamily and townhouse dwellings~ I 670 Sec. 36.2-311.Use Table for residential districts. I R- RM RM RM Supplemental District RA 12 R-7 R-5 R-3 -1 -2 F Regulation Section Residential Uses Dwelling, single-family attached P P P P Dwelling, single-family detached P P P P P P P Dwellina, two-family S P Dwelling, multifamily P P Dwelling, townhouse or rowhouse P S P P 36.2-431 Dwelling, manufactured home P Dwelling, mobile home P 36.2-417 Accommodations and Group Living Uses Bed and Breakfast P S S S S S S 36.2-405 Boarding house S Group care facility, congregate S P 36.2-412 home, elderly f Group care facility, congregate S S 36.2-412 home, not otherwise listed Group care facility, group care S S 36.2-412 home Group care facility, halfway house S S 36.2-412 Group care facility, nursin.q home P 36.2-412 Group care facility, transitional 36.2-412 living facility Group home P P P P P P P Commercial Uses Day care home, child P P P P P P P P Fire, police, or emergency S S S S S S S services Utility uses and structures Utility distribution or collection, P P P P P P P P basic Utility distribution or collection, S S S S S S S S transitional Wireless telecommunications S S S S S S S S 36.2-432 facility Wireless telecommunications P P P P P P P P 36.2-432 facility, stealth Animal and Agricultural Uses Agricultural operations P S S S S S S S Animal shelter P Botanical garden or arboretum P I I 671 I R- RM RM RM Supplemental District RA 12 R-7 R-5 R-3 -1 -2 F Regulation Section Communitvaarden P P P P P P P P Compostina facility S Nursery or greenhouse, P commercial Pet _aroomina P Kennel, no outdoor pens or runs P Kennel, with outdoor pens or runs S Stable, commercial P 36.2-428 Wildlife rescue shelter or refuge P area I Accessory Uses Accessory uses, not otherwise P P P P P P P P 36.2-403 listed in this Table Accessory apartment S S S S S S P 36.2-402 Home occupation, excluding P P P P P P P P 36.2-413 personal service Home occupation, personal P P P P P P P P 36.2-413 service Outdoor storage P 36.2-423 Stable, private P P 36.2-403 Temporary health care structure P P P P P P P P 36.2-403 Wind turbine, commercial S 36.2-403 Wind turbine, small S S S S S S S S 36.2-403 "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted, ec.36.2-312. Dimensional regulations for Residential Districts. District RA R-12 R-7 R-5 R-3 RM-1 RM- RMF 2 Minimum lot area per dwelling unit 43,560 12,00 7,000 5,000 3,000 3,500 2,50 1,000 (square feet) 0 0 Lot area (square Minimum 43,560 12,00 7,000 5,000 3,000 5,000 5,00 15,000 feet) 0 0 Maximum None None None None None None None None Lot frontage (feet) Minimum 150 70 60 50 30 50 50 100 Maximum None None None None None None 150 None Front yard (feet) Minimum 30 20 20 15 15 10 10 10 Maximum None None None 40 25 30 30 - Section 36.2-313 Front yard No No Yes Yes Yes Yes Yes Yes requirements for infill development applv Side yard minimum depth 10 5 3 3 3 3 3 15 (feet) 5 I I 672 District RA R-12 R-7 R-5 R-3 RM-1 RM- RMF I 2 Rear yard minimum depth 50 30 15 15 15 15 15 15 (feet) Height maximum (feet) 45 35 35 35 35 35 45 45 Impervious surface area 25 50 50 60 70 60 70 70 maximum (percentage of lot area) Principal structures, No limit 1 1 1 1 1 No No limit maximum number limit Accesso'Y structure minimum 5 5 0 0 0 0 0 5 setback from rear and side lot lines (feet) Minimum parking requirement Yes Yes Yes Yes Yes Yes Yes Yes applies Minimum area of usable open None None None None None None None 100 space per dwelling unit (square feet) Tree canopy coverage 20 20 20 20 15 15 10 10 (Minimum percent of lot area) A numeric ent'Y means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. Sec. 36.2-313. Front yard dimensions for infill development. Where indicated as applicable in Section 36.2-312, the following regulations shall be used to determine the minimum and maximum front yard to be provided. Where the shallowest established front yard is Minimum yard: depth of the shallowest between the minimum and maximum front established front yard yards of the district Maximum yard: depth of the shallowest established front yard, plus 5 feet Where the shallowest established front yard is Minimum yard: same as district deeper than the district's maximum front yard Maximum yard: depth of shallowest established front yard Where the shallowest established front yard is Minimum yard: depth of the shallowest shallower than the district's minimum front yard established front yard Maximum yard: depth of the shallowest established front yard, plus 10 feet Where the shallowest established front yard is Minimum yard: depth of the shallowest less than 10 feet established front yard Maximum yard: 20 feet I I Where the shallowest established front yard is established by an existing building on the lot where an unenclosed front porch addition is ro osed. Where" the lot has frontage on a cul-de-sac, regardless of the presence of buildings on ad'oinin lots. Where the adjoining structure has its primary fayade on a different street frontage and there are no structures on other adjoining lots fronting on the same street. 673 Minimum yard: depth of the shallowest established front yard, minus 10 feet, but no closer than the district minimum Maximum: not a licable Minimum: same as district minimum Maximum: same as district maximum Minimum: same as district minimum Maximum: same as district maximum DIVISION 2. MUL TIPLE PURPOSE DISTRICTS Sec. 36.2-314. Purposes of multiple purpose districts. la) The purpose of the MX District is to accommodate residential uses, office uses, and support selVices within the same district. The intent of the district is that no retail sales uses be permitted and that the district facilitates a harmonious mixture of office and residential uses. The regulations of the district are intended to protect the character and scale of such a mixed-use development pattern by permitting low-intensity development at a scale that recognizes and respects residential patterns of development. I (b) The purpose of the CN District is to encourage a concentration of neighborhood-scaled retail, office, and selVice uses, in clearly defined, compact areas in close proximity to residential neighborhoods. The regulations of the district are intended to control the scale of nonresidential buildings in a manner that makes them compatible with and appropriate for surrounding residential areas and to encourage a development pattern that consists of ground floor commercial uses with offices and residential uses on the upper floor levels. The district is intended to promote pedestrian-oriented development with buildings located close to the street, pedestrian-scaled signage, main entrances oriented to the street frontage sidewalk, windows or display cases along building facades which face the street, and significant building coverage of the site. Although parking areas may be provided, they are generally limited in size and are de- emphasized by their location on the site, (c) The purpose of the CG District is to permit motor vehicle dependent uses that are generally developed as single use developments on individual lots, subject to landscaping, access, and signage standards. Such development is generally characterized by individual curb cuts, access drives, and signage. It is intended that this district be applied primarily along heavily traveled arterial streets, with an emphasis on clustering such development at major intersections. While recognizing the motor vehicle traffic generated by the uses permitted in I 674 this district, it is the intent of the regulations of the district to encourage and recognize pedestrian access and public transit forms of transportation by locating I parking to the side and rear of buildings and minimizing conflict through landscaping and signage standards, The uses permitted in this district generally require a high volume of traffic along the frontage of the establishment and include horizontally oriented buildings. Such permitted uses include general retail establishments, offices, service establishments, motor vehicle related sales and service, eating establishments, and entertainment uses, The CG District is also intended to accommodate travel-oriented uses such as hotels, motels, and gasoline stations. (d) The purpose of the CLS District is to accommodate multiple buildings and uses that are large in scale and generally characterized by multiple tenants or uses on a single zoning lot which share common parking, curb cuts, driveways, and access to and from streets, These uses and areas are heavily dependent 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. (e) The purpose of the D District is to permit a wide variety of uses and relatively intense development in the downtown, consistent with historic development patterns, in a manner that protects and enhances the business and cultural center of the City and region. Toward that end, the Downtown District is intended to accomplish the following: (1) facilitate pedestrian ways and create a convenient and harmonious development of buildings, streets, and open space; (2) protect and enhance the public interest in downtown as a source of economic vitality, the retention and creation of jobs, and tax revenue; (3) protect existing investment in downtown, to protect against the demolition of downtown's historic buildings, to promote activity on public streets, and to protect amenities provided through public investment; and (4) provide for a mix of high density residential, commercial, retail, government services, entertainment and cultural facilities, and live/work space. (f) The purpose of the IN District is to provide standards for the accommodation of institutional developments on zoning lots of five (5) acres or less in order to achieve the following specific purposes: (1) recognize the unique needs of institutional uses and their relationship with neighboring land uses; (2) reduce traffic congestion, provide adequate parking, and promote pedestrian linkages; (3) facilitate the creation of a convenient and harmonious development of buildings, parking, and open spaces for individual institutional uses; (4) ensure the proper functioning of such institutional uses; and (5) minimize the potential for adverse impacts of institutional uses on adjacent land uses. I I I I I 675 (g) The purpose of the ROS District is to recognize and enhance active park and recreation lands, passive open spaces, and significant natural and scenic features by encouraging these areas to protect unique land resources from degradation, consistent with the recommendations of the City's Comprehensive Plan. It is further intended to prevent the encroachment of incompatible land uses, while permitting limited construction within open space areas which is supportive of their function. and which promotes their use and enjoyment. (h) The purpose of the UF District is 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 underperforming 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. Sec. 36.2-315. Use Table for Multiple Purpose Districts. Supplemental District MX CN CG CLS D IN ROS UF Regulation Section Residential Uses Dwelling, single-family p p attached Dwelling, single-family p detached Dwelling, two-family P Dwelling, multifamily P P P P Dwelling, townhouse or p P P P 36.2-431 rowhouse Accommodations and GrouD Livina Bed and Breakfast S S 36.2-405 Dormitorv p Group care facility, S 36.2-412 cOnare(late home, elderly, Group care facility, nursing S 36.2-412 home Group home P P P P Hotel or Motel P P P P 676 Commercial Uses: Office and Related Uses Blood bank or plasma p p center Business service establishment, not S P P P P P otherwise listed Employment or temporary p labor service Financial institution P P P P P Laboratory, dental, medical, p p p p p or optical Laboratory, testing and S S S P research Medical clinic P P P P P P Office, general or p p p p p p professional Office, general or p p p p p p professional, large scale Outpatient mental health S and substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary P P P P P clinic, no outdoor pens or runs Caterer, commercial P P P P Community market P P P P P P P Drive-through facility S P P S 36.2- 409 Drive-through kiosk S P P S 36,2- 409 Flea market, indoor P P P Flea market, outdoor S S Funeral home P P P Kennel, no outdoor pens or P P P runs Live-work unit P P P P P P 36.2- 416 Mixed use building P P P P P P 36.2- 416 Outdoor advertising sign P P 36.2- 675 Studio/multimedia P P P P P production facilitv I I I I I I 677 Commercial Uses: Retail Sales and Service Bakery, confectionary, or P P P P P similar food production, Retail Bodv piercin.G establishment P P P P P Building supplies and P P P materials, retail Car wash, not abutting a P P 36.2- residential district 406 Car wash, abutting a S S 36.2- residential district 406 Contractor or tradesman's S P P S P shop, general or special trade Dry cleaning and laundry P P P P P pick-up station Dry cleaning plant or P commercial laundry Gasoline station S P P S 36,2- 411 General selVice P P P P P establishment, not otherwise listed Janitorial selVices P p establishment Laundromat P P P P P Manufactured or mobile P home sales Motor vehicle rental P P P P establishment, without inventory on-site Motor vehicle rental P P S establishment, with inventory on-site Motor vehicle repair or P P S S 36.2- selVice establishment 419 Motor vehicle sales and P P 36.2- selVice establishment, new 420 Motor vehicle sales and P P 36.2- selVice establishment, used 421 Nursery or greenhouse, P P S commercial Personal selVice P P P .p P P establishment, not otherwise listed in this table 678 Pet qroominq P P P P P Retail sales establishment, P P P P P not otherwise listed Stora.Qe buildinq sales P Tattoo parlor P P P P P Industrial Uses Bakery, confectionary, or P similar food production, Wholesale Commercial printing P P establishment Electrical component P assembly, wholesale distribution Fueling station, commercial P P or wholesale Manufacturing: Beverage or P food processing, excluding poultry and animal slau.QhterinQ and dressinq Manufacturing: General, not S otherwise listed in this table Manufacturing: Steel or S metal production, fabricailon,orprocessinq Motor vehicle or trailer S S 36.2- pamilnqandbodvmpaff 418 Workshop S P P S S Warehousinn and Distribution Uses Distribution center. not S otherwise listed Warehouse S Assemblv and Entertainment Uses Adult uses S 36.2- 404 Amphitheater P Amusement, commercial, S P P P P indoor Amusement, commercial, P P outdoor Botanical garden or P P P arboretum Club, lodge, civic, or social P P P P P P P organization Community center P P P P P P P P I I I I I I 679 EatinCl establishment P P P P P Eating and drinking P P P P P establishment, not abutting a residential district Eating and drinking S S S S S establishment, abutting a residential district Entertainment S S S S S establishment, abutting a residential district Entertainment S P P P P establishment, not abutting a residential district Exhibition, convention, or P P conference center Gamin.CI establishment S S Golf course P Health and fitness center P P P P P P Meetin.CI hall P P P P P P P Park or playground P P P P P P P P Place of worship P P P P P Recreation, indoor P P P P P Recreation, outdoor P P P P Sports stadium, arena, or P coliseum , Theater, movie or P P P P P performin.CI arts Zoo P Public, Institutional, and Community Facilities ACluarium or planetarium P Artist studio P P P P P P Cemetery p Community food operation P Community qarden P P P P P P P P Day care center, Adult P P P P P P P Day care center, child S P P P P P P 36.2- 408 Day care home, child P P P P Educational facilities, S P P P P P P business school or nonindustrial trade school Educational facilities, P P P P colle.Cle/university 680 Educational facilities, P P P P P P elementary/middle/secondary Educational facilities, P P industrial trade school Educational facilities, school S P P P P P P for the arts Fire, police, or emergency P P P P P P P services Government offices or other P P P P P P P government facility, not otherwise listed Hospital P Library P P P P P P P Museum P P P P P P P Post office P P P P P P Supply pantry P P Training facility for police, P S fire, or emer.qency services Transportation Uses Bus passenger terminal or P S station Limousine service P P Parking lot facilitv S P S Parking, off-site P S P P S P P P 36.2- 652 Parking structure facility P S 36.2- 426 Railroad passenger terminal P or station Utility Uses Broadcasting studio or P P P P P station Broadcasting tower S S S 36.2- 432 Utility distribution or P P P P P P P P collection, basic Utility distribution or S S S S S S S S collection, transitional Wireless S S S S S S S S 36.2- telecommunications facility 432 Wireless P P P P P P P P 36.2- telecommunications facility, 432 stealth I I I I I I 681 Aqricultural Uses A.qricultural operations 8 8 8 8 8 8 8 8 8table, commercial P 36.2- 428 Wildlife rescue shelter or P refuQe area Accessory Uses Accessol)l uses, not P P P P P P P P 36.2- otherwise listed in this Table 403 Accessol)l apartment 8 36.2- 402 Home occupation, excluding P P P P P 36,2- personal service 413 Home occupation, personal P P P P P 36.2- service 413 Outdoor display area P P P P P 36.2- 422 Outdoor recreation facility 8 8 8 8 8 8 36.2- lighting or sports stadium 403 liahting Outdoor storage P 8 36.2- 423 Recycling collection point 8 P P 36.2- 403 Resident manager P 36.2- apartment 403 T emporal)l health care structure Wind turbine, commercial 8 8 8 8 8 36.2- 403 Wind turbine, small 8 8 8 8 8 8 8 8 36.2- 403 "P" indicates a use permitted as of right. "8" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. 682 Sec. 36.2-316. Dimensional regulations for Multiple Purpose Districts. I MX CN CG CLS D IN ROS UF Minimum lot area per 2,500 1,800 None None None None None None residential unit (square feet) Lot area Minimum 5,000 5,000 10,000 43,560 None None None None (square Maximum None 87,120 130,680 None None 217,800 None 87,120 feet) Lot Minimum 50 None 100 150 None 100 None none Frontage Maximum None 200 None None None None None 200 (feet) Front yard Minimum 10 0 0 0 0 20 10 0 (feet) Maximum 30 10 30 None 10 40 None 10 Section 36.2-317 Civic No Yes No No Yes Yes No Yes space yard option applies Side yard (feet) 5 0 0 0 0 0 10 0 Rear yard (feet) 15 0 0 0 0 0 10 0 Accessory structure 0 0 0 0 0 0 0 0 minimum setback from rear and side lot lines (feet) Height maximum (feet) 45 45 50 60 None 40 35 50 Floor area ratio maximum 1.0 5.0 5.0 5.0 15.0 None None None Impervious surface area 70 100 85 80 100 80 15 100 maximum (percentage of lot area) Minimum parking Yes No Yes Yes No Yes No No requirement applies Section 36.2-318 No Yes Yes Yes No Yes No Yes Pedestrian access requirement applies Maximum building footprint None 15,000 None None None None None None (square feet) Section 36.2-319 Minimum 25 50 25 0 50 25 0 25 ground floor fa9ade transparency (percentage of facade area) Minimum tree canopy 10 0 10 10 0 10 20 0 (percentaqe of lot area) A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not aDD/v. "None" means there is no reauirement. I I 683 I Sec. 36.2-317. Civic space yard option. In districts where indicated as applicable in Section 36.2-316, a building may be exempted from the maximum front yard requirement if a civic space accessible to the general public is provided. Such civic space shall meet these requirements: (a) The civic space shall be the entire area between the building line and the adjacent public right-of-way, (b) At least 50 percent of the civic space shall consist of a plaza or courlyard within which is provided at least one (1) linear foot of seating for each 50 square feet of plaza or courlyard and at least two (2) of the following amenities: fountains, sculptures, trellises, planted beds, or clocks; and (c) The balance of the civic space shall include one (1) tree per 350 square feet of the balance of the civic space, one (1) deciduous or evergreen shrub per five (5) square feet of the balance of civic space, and vegetative ground cover. I Sec. 36.2-318. Pedestrian access. In districts where indicated as applicable in Section 36,2-316, 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, surfaced with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable paver system, and shall be distinguished and separated from driveways and parking spaces by landscaping, berms, barriers, grade separation or other means to protect pedestrians from vehicular traffic, Where any such walkway crosses a motor vehicle travel lane, raised crosswalks shall be provided. Sec. 36.2-319. Far;ade treatment. In districts where a minimum percentage of ground floor fa<;ade transparency is specified in Section 36.2-316, the ground floor fa<;ade(s) of the building shall have the specified transparent area through the provision of glass beginning at a height no greater than three (3) feet above the grade of the adjacent sidewalk or the finished grade of the site, The location of entrances and transparent areas shall be subject to these requirements: I (a) Interior lot: Provide at least one (1) entrance and the minimum transparency on the building fa<;ade facing the public street frontage. 684 (b) Corner lot: Provide at least one (1) entrance and provide the I minimum transparency on the building fa9ade facing the frontage upon which the maximum yard requirement is met. Any other building fa9ades facing a public street frontage shall have a minimum of one-half the specified percentage of ground floor fa9ade transparency, (c) Through lot: Provide at least one (1) principal entrance and the minimum transparency on the building fa9ade facing the frontage on which the maximum yard requirement is met. The minimum percentage specified of the primary building fa9ade shall be transparent from the street through the provision of glass. DIVISION 3. INDUSTRIAL DISTRICTS. Sec. 36.2-320. Purposes of the 1-1 and 1-2 districts. (a) The purpose of the 1-1 District is to provide for a range of wholesale, warehousing, distribution, storage, repair and service, assembly or processing, fabrication or manufacturing, accessory commercial and office uses, intensive commercial uses, and other types of uses such as flex space. The regulations of the 1-1 District are intended to mitigate conflict between adjacent uses within the district and to protect neighboring nonindustrial districts and uses. (b) The purpose of the 1-2 District is to provide for a range of intensive industrial uses, including manufacturing, assembly, fabrication, bulk storage, and processing as well as limited, closely related support commercial uses. Thel-2 District regulations are intended to protect other districts from the potentially harmful effects of permitted 1-2 uses. I Sec. 36.2-321. Purpose and applicability of the AD District. (a) The purpose of the AD District is to permit and encourage the development of uses dependent on or related to air transportation in the areas in and around the Roanoke Regional Airport. Such uses support airport functions, are dependent on air transportation, are unlikely to pose a threat to flights or airport operations, or are less sensitive to airport operations than most commercial or industrial uses. The AD District is intended to provide space for the efficient layout and operation of Roanoke Regional Airport, including facilities for commercial airline operations, air cargo, general aviation, and an appropriate range of retail and service uses that serve airport customers, and to permit transportation-related and operations-related activities, large-scale research and development and office uses, and certain manufacturing uses in the immediate vicinity of the airport that are compatible with or supportive of the airport facilities I whether or not directly airport related. I I I 685 (b) Applicability. (1) The AD District shall apply to those properties owned by the Roanoke Regional Airport Commission and certain properties immediately adjacent to and in the vicinity of the airport that should be used for airport-supportive or airport- related uses. (2) The development of properties in the AD District that are owned by the Roanoke Regional Airport Commission and are contiguous to one another shall be exempt from the following regulations: (A) The dimensional standards set forth in Section 36,2- 323; (B) The sign regulations set forth in Article 6, Division 6, of this Chapter; and (C ) The landscaping and screening regulations set forth in Article 6, Division 4, of this Chapter. (3) Nothing in this Subsection shall be construed to exempt properties owned by the Roanoke Regional Airport Commission that are located within the AD District from the zoning amendment procedures and zoning permit requirements as set forth in Sections 36.2-540 and 36.2-522. Sec. 36.2-322. Use table for Industrial Districts. Supplemental District 1-1 1-2 AD Regulation Section Accommodations and Group Livina Uses Hotel or Motel p Commercial Uses: Office and Related Uses Business service establishment, not P otherwise listed Employment or temporary labor service P Financial institution P p Laboratory, dental, medical, or optical P P P Laboratorv, testino and research P P P Office, .oeneral or professional P Office, general or professional, large scale P P 686 Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no P outdoor pens or runs Animal hospital or veterinary clinic, with S outdoor pens or runs Caterer, commercial P Drive-through facility P 36.2-409 Kennel, no outdoor pens or runs P Outdooradverlfflmgs~n P P 36.2-675 Pet crematorium P Studio/multimedia production facility P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food P production, Retail Building supplies and materials, retail P P Car wash, not abutting a residential district P 36.2-406 Car wash, abutting a residential district S 36.2-406 Commercial motor vehicle rental P establishment Commercial motor vehicle sales and service P 36.2-407 establishment, new Commercial motor vehicle sales and service P 36.2-407 establishment, used Contractor or tradesman's shop, general or P P special trade Dry cleaning and laundry pick-up station P Dry cleaning plant or commercial laundry P Gasoline station P 36.2-411 General service establishment, not P otherwise listed Janitorial services establishment P Lumber yard P P Manufactured or mobile home sales P Motor vehicle rental establishment, without P P inventory on-site Motor vehicle rental establishment, with P P inventory on-site Motor vehicle repair or service P P 36.2-419 establishment Nursery or greenhouse, commercial P Recreational vehicle or boat sales P I I I I I I 687 Retail sales establishment, not otherwise P P listed Storage building sales P Industrial Uses Asphalt or concrete plant S Bakery, con fectiona ry, or similar food P P production, Wholesale Biosolids field S Building supplies and materials, wholesale P P P Commercial printing establishment P P P Composting facilitv S Contractor's shop, heavy construction P P Dairy products, processing, bottling, and P P wholesale distribution Electrical component assembly, wholesale P P P distribution Fuel oil distribution S P Fueling station, commercial or wholesale P P Junk yard S S 36.2-414 Manufacturing: Beverage or food P P processing, excluding poultry and animal slaughtering and dressing Manufacturing: Chemical, refining or S 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, vinegar, yeast Manufacturing: Chemical, refining or P P processing, not otherwise listed in this table Manufacturing: General, not otherwise listed P P P in this table Manufacturing: Steel or metal production, S P P fabrication,orprocessmg Manufacturhq: Wood products P Meat packin_G and IJoultry processing S MillinG or feed and flour mills S S Motor vehicle or trailer painting and body S P 36.2-418 repair Quarrv , S Recycling center S S 36.2-414 688 Tire recapping S Towing service P P 36.2-430 Welding or machine shop P P Workshop P P P Wrecker yard S S 36.2-414 Warehousing and Distribution Uses Distribution center, not otherwise listed P P P Mini-warehouse P P P 36.2-415 Stora.qe of commercial motor vehicles P P Storage of motor vehicles for rental (no on- P P site rental or leasing facility) Tank farm, petroleum bulk station and S terminal, or other above ground storage of flammable liquids Warehouse P P P Assembly and Entertainment Uses Amusement, commercial, outdoor P Eating establishment P P Eating and drinking establishment, not P P abuttin.q a residential district Go-cart track S Paint ball facility, outdoor S Recreation, indoor P Public, Institutional, and Community Uses Artist studio P Community garden P P P Educational facilities, business school or P P nonindustrial trade school Educational facilities, industrial trade school P P Fire, police, or emergency services P P Government offices or other government P P facility, not otherwise listed Military reserve or National Guard center P P Post office P P Supply pantry P Training facility for police, fire, or emergency P P services Transportation Uses Airport or airport-related commercial and P personal service uses Bus maintenance, including repair and P P storage Limousine service P P P I I I I I I 689 Motor freiaht terminal or truck terminal P P P Parkina lot facilitv P Parkinq, off-site P P P 36,2-652 Railroad freight yard, repair shop, and P marshalling yard Taxicab business P P P Utility Uses Broadcasting studio or station P Broadcasting tower 8 8 36.2-432 Hazardous materials facility 8 UtilitV distribution or collection, basic P P P Utilitv distribution or collection, transitional P P 8 UtilitV.aeneration or treatment P Utilitv maintenance and service facilitv P P Wireless telecommunications facility 8 P 8 36.2-432 Wireless telecommunications facilitv, stealth P P P 36.2-432 Agricultural Uses Agricultural operations 8 8 8 Animal shelter P P Accessory Uses Accessoty uses, not otherwise listed in this P P P 36.2-403 Table Outdoor stora.ae P P P 36.2-423 Portable storage container P P 36.2-403 Recvclinq collection point P 36.2-403 Resident manager apartment P P 36.2-403 Temporary health care structure Wind turbine, commercial P p 36.2-403 Wind turbine, small P P P 36.2-403 "P" indicates a use permitted as of right. "8" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. Sec. 36.2-323. Dimensional regulations for Industrial Districts 1-1 1-2 AD Lot area Minimum 10,000 20,000 20,000 (square feet) Maximum None None None Lot frontage Minimum 100 .100 100 (feet) Maximum None None None Front yard Minimum 0 0 0 (feet) Maximum 30 None None 8ide yard minimum (feet) 0 0 0 Rear yard minimum (feet) 0 0 0 690 0 0 40 60 2.0 2,0 90 90 Yes Yes 10% 10% DIVISION 4. PLANNED UNIT DEVELOPMENT DISTRICTS. Sec. 36.2-324. Purpose of planned unit development districts. (a) The purposes of the MXPUD District are to encourage the orderly development of mixed residentiallcommercial sites and to encourage innovative I development patterns that create a desirable environment, particularly for lots which contain a number of constraints to conventional development. These regulations are designed to achieve the following objectives: (1) promote efficient use of land and infrastructure through high quality urban design; (2) promote a development pattern in harmony with existing development and the objectives of the City's Comprehensive Plan; (3) permit a compatible mix of commercial and residential uses; (4) provide safe, efficient access and traffic circulation; (5) create opportunities to use new technologies in managing the quality and quantity of storm water; and (6) encourage the preservation of steep slopes, floodplains, historic structures and areas, and unique, natural, or geological formations. (b) The purposes of the INPUD District are to encourage harmonious development of institutional uses and mixed-us~ campus developments, to provide flexibility for creative development, to minimize potential negative impacts of institutional uses on neighboring uses, and to recognize the special complexity and interrelationships of land uses and activities in these institutional complexes, (c) The purpose of the IPUD District is to encourage the orderly development of uses which require an integration of large-scale office, research, commercial, and manufacturing facilities in separate structures, designed as a I unit, in a campus-like environment. This district encourages flexibility in design, promotes the appropriate use of land, facilitates the adequate and economic 691 I proVIsIOn of streets, utilities, and other improvements, and preserves and enhances the natural and scenic qualities of open space, Development standards for the mutual protection of uses in the district, adjacent districts, and the City are provided. Sec. 36.2-325. Applicability of planned unit development districts. Any area zoned to a Planned Unit Development District by the adoption of this Chapter shall be exempt from the development standards and the procedural requirements set forth in Section 36.2-326 at the time of the adoption of this Chapter. Any development of such area after the effective date of this Chapter shall comply with the use regulations, development standards, and procedural requirements of this Chapter. 36.2-326. Procedural requirements for planned unit development districts. Applications to establish a Planned Unit Development District or amend the development plan of Planned Unit Development District shall include a proposed development plan, drawn to scale, containing the following information and necessary explanatory materials: I (a) Boundaries of the location of the proposed District and the ownership of properties contained therein, as well as all existing public and private streets, alleys, and easements within and immediately adjacent to the district; (b) Location, size, and use of existing buildings and the location, size, and use of proposed buildings or additions to existing bw1dings; (c) Location of all existing parking facilities and the approximate location of all proposed surface parking lots or parking structures, including the number of parking spaces for each lot or structure and all existing and proposed means of access to parking areas and to public or private streets, alleys, and easements; (d) Proposed changes in the location, width, or character of public streets, alleys, or easements within and adjacent to the district, and the delineation of any private driveways or loading spaces that intersect with public rights-of-way or easements and the delineation of routes for emergency vehicles accessing the district; (e) Existing and proposed pedestrian routes, including links between various buildings; I 692 (f) General use of major existing and proposed open spaces within the I site and specific features of the development plan, such as screening, buffering, or retention of natural areas, which are intended to enhance compatibility with adjacent properties, and calculations of the percentage of usable open space for the district; (g) Infrastructure plans indicating the size and location of existing and proposed stormwater, sanitary sewer, and water lines as well as estimates of impacts of the proposed development on infrastructure capacity in the district and impacts on collector lines immediately outside of the district; and (h) Information to demonstrate the compatibility of all structures with the character and appearance of the surrounding neighborhood by virtue of the structures' height, bulk, and location within the Planned Unit Development District. 36.2-327. Use table for planned unit development districts. Supplemental MXPUD INPUD IPUD Regulation Section Residential Uses Dwelling, single-family P attached Dwelling, single-family P detached Dwelling, two-family P Dwelling, multifamily P P Dwelling, townhouse or P 36.2-431 rowhouse Accommodations and Group Living Bed and Breakfast P P 36.2-405 Dormitory P Group care facility, congregate P P 36.2-412 home, elderly, Group care facility, congregate P 36.2-412 home, not otherwise listed Group care facility, group care P 36.2-412 home Group care facility, halfway P 36.2-412 house Group care facility, nursing P P 36.2-412 home I I I I I 693 Group care facility, transitional P 36.2-412 livina facility Group home P P Hotel or Motel P P Commercial Uses: Office and related Uses . Blood bank or plasma center p Business service P P P establishment, not otherwise listed Financial institution P P P Laboratory, dental, medical, or P P P optical Laboratory, testing and P P research Medical clinic P P Office, .General or professional P P P Office, general or professional, P P P larGe scale Outpatient mental health and S substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary P clinic, no outdoor pens or runs Caterer, commercial P Community market P Drive-throuqh facility P P P 36.2-409 Drive-throuqh kiosk P 36.2-409 Live-work unit P P 36.2-416 Mixed use building P P 36.2-416 Studio/multimedia production P P P facility Commercial Uses: Retail Sales and Service Bakery, confectionary, or P P P similar food production, Retail Building supplies and P P P materials, retail Contractor or tradesman's P P P shoP,aeneral or special trade Dry cleaning and laundry pick- P P P up station Dry cleaning plant or P commercial laundry 694 General selVice P P P establishment, not otherwise listed Laundromat P P Lumber yard P Motor vehicle rental P establishment, without inventory on-site Motor vehicle rental P establishment, with inventory on-site Nursery or greenhouse, P commercial Personal selVice P P establishment, not otherwise listed in this table Pet grooming P P Retail sales establishment, not P P P otherwise listed Industrial Uses Bakery, confectionary, or P similar food production, Wholesale Building supplies and P materials, wholesale Commercial printing P establishment Conuactor~shop,heavy P construction Dairy products, processing, P bottling, and wholesale distribution Electrical component P assembly, wholesale distribution Fuel oil distribution P Fueling station, commercial or P wholesale Manufacturing: Beverage or P food processing, excluding poultry and animal slaughtering and dressing I I I I I I 695 Manufacturing: Chemical, P refining or processing, not otherwise listed in this table Manufacturing: General, not P otherwise listed in this table Manufacturing: Steel or metal P production, fabrication, or processing Milling or feed and flour mills P Weldin.q or machine shoo P Warehousing and Distribution Distribution center, not P otherwise listed Warehouse p Assembly and Entertainment Uses Amphitheater P P Amusement, commercial, P indoor . Botanical garden or arboretum P P Club, lodge, civic, or social P P or.qanization Community center P P Eatin.q establishment P P P Eating and drinking P P P establishment, not abutting a residential district Eating and drinking P P P establishment, abutting a residential district Entertainment establishment, P P P abuttinQ a residential district Entertainment establishment, P P P not abutting a residential district Golf course P Health and fitness center P P Meetin.q hall P P Park or playground P P Place of worship P P Recreation, outdoor P P Sports stadium, arena, or P coliseum 696 Public, Institutional, and Community Uses Aquarium or planetarium P Artist studio P P P Community food operation P Community garden P P P Day care center, Adult P P Day care center, child P P 36.2-408 Day care home, child P P Educational facilities, business P P P school or nonindustrial trade school Educational facilities, P college/university Educational facilities, P elementary/middle/secondary Educational facilities, industrial P trade school Educational facilities, school P P for the arts Fire, police, or emergency P services Government offices or other P P government facility, not othe/Wise listed Hospital P Library P P Military reserve or National P P Guard center Museum P P Post office P P Supply pantry P Training facility for police, fire, P P or emergency services Transportation Uses Bus maintenance, including P repair and storage Motor freight terminal or truck P terminal Parkinq, off-site P P P 36.2-652 Taxicab business P Utility Uses Broadcasting studio or station P P Broadcasting tower S S 36.2-432 I I I I I I 697 Hazardous materials facility S S Utility distribution or collection, P P P basic Utility distribution or collection, S P P transitional Utility maintenance and P service facilitv Wireless telecommunications P P P 36.2-432 facilitv Wireless telecommunications P P P 36.2-432 facility, stealth Agricultural Uses Agricultural operations P P P Accessory Uses Accessory uses, not otherwise P P P 36.2-403 listed in this Table Accessorvaparlment S P 36.2-402 Home occupation, excluding P P 36.2-413 personal service Home occupation, personal P P 36.2-413 service Outdoor recreation facility S S 36.2-403 lighting or sports stadium Ii.ahtha Outdoor storaqe P 36.2-423 POrlable storaqe container P 36.2-403 Recyclinq collection point P 36.2-403 Resident mana.aer aparlment P P 36.2-403 Temporary health care structure Wind turbine, commercial S S S 36.2-403 Wind turbine, small S S 8 36.2-403 "P" indicates a use permitted as of right. "8" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. 698 36.2-328. Dimensional regulations for Planned Unit Development Districts. District MXPUD INPUD IPUD Minimum size of district acres None 2 5 Minimum lot area per dwelling unit 1,800 1,800 None s uare feet Lot area minimum (s uare feet Lot frontage minimum (feet) I Front yard minimum (feet) Side ard minimum feet Specified on the development plan for the Rear ard minimum feet district Hei ht maximum feet Usable open space (percentage of lot area Accessory structure minimum setback from rear and side lot lines (feet Minimum Parkin re uirement Impervious surface ratio maximum 80 80 80 ercenta e of lot area Minimum tree canopy (percentage of lot 15 10 10 I area A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no re uirement. Sec. 36.2-329. Reserved DIVISION 4. USE MATRIX and Sec. 36.2-340, Use Matrix, is combined, renamed "Use Tables," and renumbered in new Division 1, Residential Districts, Division 2, Multiple Purpose Districts, Division 3, Industrial Districts, and Division 4, Planned Unit Development Districts, of Article 3, Reaulations for Specific Zonina Districts, above. I 699 I DIVISION 3 5.0VERLA Y DISTRICTS * * * Sec. 36.2-332. Neighborhood Design Overlay District (NO). * * * (c) Design standards. In considering an application for a zoning permit, the Zoning Administrator shall apply the following standards for construction of, an addition to, or the exterior modification of a dwelling in the Neighborhood Design Overlay NO District {NQ): (1) Buildina location and massina: (A) The required front yard shall be determined by Section 36.2 205(f)(2)(/\) and (B) the regulations of the applicable base zoning district. I [Remainder of this section remains unchanged] * * * Sec. 36.2-403. Accessory uses and structures. * * * (b) General standards. * * * (61 The cumulative square footage of all aocessory structures, excluding outdoor tennis courtc, in ground sV':imming pools, arborc, and trellisec shall not exoeed forty (10) peroent of the gross floor area of the prinoipal struoture, provided that for purposed of suoh oalculation bacement area which are not oonsidered a story above grade plane, as defined and determined by the Virginia Uniform Statewide Building Code, and unfinished attioc shall not be inoluded in the gross floor area of the prinoipal struoture. (6) AccessOlY buildings shall be subject to these maximum size and height standards: I (A) The building footprint of any accessory building shall not exceed 75% of the building footprint of the principal building. 700 (B) The cumulative building footprint of all accessory buildings on the I parcel shall not exceed the building footprint of the principal building, (C) The maximum height of any accessory building shall be less than the height of the principal building. However, this maximum height shall not apply to any wind turbines, which are instead subject to the maximum heights specified in Section 36.2-403(m). * * * (0) Setbaoks and spaoing standards, general. Exoept for fenoes, walls, arbors, trellises, or outdoor light support ctruotures, or as otherwise provided in thic ceotion, the following setbaok and spaoing requirementc shall apply to accessory struotures: (1) /\ccessory structures shall be looated no olocer than fi'Je (5) feet to a rear or side lot line, except as provided in subseotion (f), belm\'. (2) Aooessory struotures shall be looated no closer to any street than the principal building, exoept as set forth in cubcections (A) and (B) below, pro'.'ided such exceptions set forth in (P.) and (B) belo'A' shall not apply to refuse dumpster I enolosures. (1\) In the oase of any oorner lot with more than two (2) ctreet frontages or any through lot, suoh requirement shall apply to only one (1) street, provided no aocessory struoture shall be looated oloser than five (5) feet to any cuoh lot line abutting a street; or (B) In the oase of any oorner lot with two (2) street frontages, cuoh requirement shall not apply to a second front yard, provided no aooessol)' struoture shall be located closer than five (5) feet to suoh front lot line. (3) Aooessory structures shall be looated no closer than six (6) feet to a principal structure or another aooecsol)' ctruoture. (c) Setbacks. Except for fences, walls, arbors, trellises, or outdoor light support structures, or as otherwise provided in this Section, accessory structures, shall be located no closer to any street than the principal building, except: (1) 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) street. I I I I 701 (2) In the case of any corner lot with two (2) street frontages, such requirement shall not apply to a second front yard. * * * (f) Garages or carports, detached. Minimum setbacks for detaohed garagec or oarports shall conform to subceotion (0), above, exoept that the minimum setbaok requirement from a lot line abutting an improved alley shall be three (3) feet. [Subsections (g), (h), (i), (j), and (k) of Section 36.2-403 are relettered (f), (g), (h), (i) ,and (j), respectively, but are otherwise unchanged.] * * * (I)(k) Portable storaae containers. Portable storage containers shall be permitted by right as accessory uses as set forth in Seotion 36.2 340, Use Matrix, the Use Tables in Article 3 of this Chapter, subject to the following supplemental regulations: [Remainder of this subsection remains unchanged] * * * (I) Temporary familv health care structures. Temporary family health care structures snail be subject to the following supplemental regulations: (1) Occupancy of the structure shall be limited to one mentally or physically impaired person who, for the purposes of this Section, shall be deemed to be a person who requires assistance with two or more activities of daily living, as defined in Section 63.2-2200 of the Code of Virginia and as certified in writing by a physician licensed by the Commonwealth of Virginia; (2) The structure shall not exceed 300 square feet in gross floor area; (3) Placement on a permanent foundation shall not be permitted; (4) Only one such structure shall be permitted on a lot; and (5) Any such structure shall be removed within thirty (30) days of such time as the mentally or physically impaired person is no longer receiving the assistance of a caregiver. 702 (m) Wind turbines. Wind turbines shall be exempt from any height limitation I for principal or accessory structures and shall be subject to the following supplemental regulations: (1) Commercial wind turbines. (A) Freestanding turbines shall use a monopole support that is designed to support itself without the use of guy wires or other stabilization devices, (B) The height of a freestanding turbine shall not exceed one hundred twenty (120) feet in overall height, including the blades, (C) The overall height, including the blades, of a roof-mounted turbine shall not extend more than sixty (60) feet above the roof of the structure on which the turbine is mounted. (0) Horizontal axis turbines shall have a maximum blade diameter of thirty (30) feet. Vertical axis turbines shall have a maximum blade diameter of thirty (30) feet and a maximum turbine height of thirty (30) feet. (2) Small wind turbines. I (A) The turbine shall be mounted on a principal or accessory structure. (B) The height of the turbine, including blades, shall not extend more than twenty (20) feet above the roof of the structure on which it is mounted. (C) Horizontal axis turbines shall have a maximum blade diameter of fifty-four (54) inches. Vertical axis turbines shall have a maximum blade diameter of fifty-four (54) inches and a maximum turbine height of fifty-four (54) inches. * * * Sec. 36.2-410. Fences, walls, arbors, and trellises. * * * (b) Fence and wall standards. * * * I I I I 703 (2) No fence located in an area as set forth in subsections (A) and (B) below shall be a solid fence, unless otherwise required by this Chapter. Lattice, open wire, or any other fence type with fifty (50) twenty-five (25) percent or more open area shall be permitted: (A) On a lot with only one (1) lot frontage: Between the building line and the lot frontage; or (8) 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 frontage which it faces. (3) The maximum height for fences and walls shall be based on the following schedule: Zoning Location on Lot Maximum District Height of Fence or Wall RA, R-12, R-7, On a lot with only one (1) lot frontage: between the a-feet R-5, R-3, RM-1, building line and the lot frontage; or On a lot with 42 inches RM-2, RMF, IN, more than one (1 ) lot frontage: between the MX,MXPUD building line on which the principal entrance to the building is situated and the lot frontage which it faces [Remainder of this subsection remains unchanged] * * * Sec. 36.2-413. Home occupations. * * * (c) Prohibited home occupations. The following uses shall be specifically excluded as home occupations or personal service home occupations: motor vehiole repair or ocrvioe; applianoe rcpair, machine shop, welding shop, escort service, landscape or 13\\'n servioe operation, furniture refinishing or upholstery, sign making, and special trade contractors who are engaged in metalworking or cabinetmaking. * * * 704 (e) Specific standards for home occupations as permitted accessory uses. Home occupations, except those defined as personal service home occupations, shall be permitted as accessory uses as set forth in the Use Matrix in Seotion 36.2 310, Use Tables in Article 3 of this Chapter subject to the general standards set forth in subsection (d), above, and the following additional standards: [Remainder of this subsection remains unchanged] * * * (f) Specific standards for personal service home occupations. Personal service home occupations shall be permitted as accessory uses as set forth in the Use Matrix in Seotion 36.2 310, Use Tables in Article 3 of this Chapter subject to the general standards for all home occupations set forth in subsection (d), above, and the following additional standards: [Remainder of this subsection remains unchanged] * * * (g) Specific standards for certain types of home occupations. (1) Home occupations relating to landscaping or lawn serviceg may operate as a home occupation if the home occupation is used only for office functions. (2) Home occupations relating to repair and service on motor vehicles, appliances, or similar goods, may operate as a home occupation, if the home occupation is used only for office functions. * * * Sec. 36.2-416. Mixed use buildings and live-work units. * * * I I I I I I 705 (b) Mixed-use buildinas and live-work units. Mixed-use buildings and live-work units, as permitted by this Chapter, shall comply with the following standards: Development standards Mixed-use Building Live-work units Location criteria Where permitted by the Where permitted by the Use Matrix of the 3pplicable Use Matrix of the 3pplioable zoning district Use Tables zoning distriot Use Tables in Article 3 of this Chapter in Article 3 of this Chapter, Types of land uses allowed Residential One or more Residential One or more dwelling units; Uses dwelling units; Uses permitted in the applicable permitted in the applicable zoning district. zoning district. Permitted density or No density restriotions See subseotion (0), below. intensity 3pply. The building is The building is subject to subject to the dimension31 the dimension31 requirements of the requirements of the Dimensional M3trix for Dimensional Matrix for Subject to the density and Subject to the density and intensity requirements of intensity requirements of the applicable zoning the applicable zoning district. district. -. . .. ,.~:~~ ~~ . .~~~ 1-.. ~I~~~. ...... ....... ..., Uses permitted on first Nonresidentbl uses Nonresidential uses #eef permitted in the applioable permitted in the applioable zoning distriot, exoept that zoning distriot. (Residential any recidentbl use uses may be looated to the permitted v.'ithin the rear of the prinoipal MXPUD distriot is permitted building.) on the first floor of a mixed use building \Nithin the MXPUD distriot. Uses permitted on Recidenti3/ d'J\.'elling units; Residential d'Nelling units; seoond floor Uses permitted in the Uses permitted in the appli03ble zoning district. applioable zoning district. Uses permitted above Residential dv.'elling units; Residentbl d'A'elling units; seoond floor Professional or general Uses permitted in the offioes. applicable zoning distriot. 706 0) Mix of ucec and density for live 'Nork units. '.A/here live work units are permitted by this Chapter, live \vork units chall oomply with the following residential dencity and ratio of uces standardc: I Maximum (minimum ~....... .., lot . .~:~\ .j:..........~ .j:..........~ area Density Ratio required to of Residential Nonresidential . Floor Floor Spaoe Spaoe r) A /'\/'\ , 04 0/'\/'\ , +8- ~ * * * Sec. 36.2-425. Parking or storage of recreational vehicles, motor homes, boats, campers, or trailers. * * * (b) No motor home, boat, truck camper, inhabitable bus, recreational vehicle, travel trailer, boat trailer, or other trailer, not including a trailer which is used, designed, or maintained for the transportation of property for compensation or profit, shall be parked, stored, or left standing on any street or alley located in a residential district or in a CN or MX District, except for motor homes, recreational vehicles, or travel I trailers which may be parked or left standing on such street or alley for up to but not exceeding seven (7) ten (10) calendar days- within any three(3) month period. * * * Sec. 36.2-429. Temporary uses. * * * (d) Portable storaae 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 Tables in Article 3 of this Chapter. Portable storage containers shall be permitted as temporary uses as set forth in Table 429-1, subject to the following additional standards: [Remainder of this subsection remains unchanged] * * * I 707 I (e) Public events. For purposes of this section, a temporary "public event" means an event, series of events, or organized activities for a historical, social, educational, cultural, or special theme, held for a limited period of time and open to the public. Temporary public events shall include, without limitation, carnivals, festivals, exhibits, outdoor dance, fundraisers, fairs, and concerts. Temporary publio, Public events including associated temporary structures such as tents, shall be permitted as set forth in Table 429-1, provided except that: (1) The following public events shall be exempt from the requirements of a zoning permit: (A) Events that use no tents or air supported structures that: (i) Cover an area greater than 900 square feet, or (ii) Have an occupant load greater than 50 persons, (B) Events that use no temporary structures greater than 120 square feet in area, (e) Events that are accessory in nature to the primary use of the property on which the event is being held, I (D) Events that do not use amusement devices requiring a building permit; and (E) Events lasting four (4) days or less. f4-(2) No such A temporary structure, including any tent, shall may be permitted to remain on site for a period longer than of not more than two (2) calendar days following the time period for which the zoning permit for the temporary public event is issued; (2) Suffioient cpaoe for parking cha.1I be provided on the cite to meet the anticipated needs; * * * Sec. 36.2-621. Applicability. (a) The regulations of this division shall apply to the installation or replacement of any outdoor lighting, including any change in the lighting fixture type, change in the mounting height, or change in the location of the fixture, in association with: I [Remainder of this subsection remains unchanged] * * * 708 Sec. 36.2-623. Definitions. I * * * Flood or spot light: Any lamp that inoorporates a ref-Ieotor or a refraotor to conoentrate the light output into a directed beam in a partioular direotion. A floodlight ie a fixture designed to flood a well defined area with light. .^. spotlight is a lighting assembly designed to direct and concentrate the output of a contained lamp in a specific tightly fooused direotion (generally a direoted beam of less than twenty five (25) degrees in a particular direction) '/lith a refleotor (or refraotor) looated external to the lamp. Fully shielded fixture: Lighting fixture oonstruoted in such a manner that all light emitted by the fixture, either directly from the lamp or a diffueing element, or indirectly by reflection or refraction from any part of the luminaire, is projeoted belm\' a horizontal plane running through the lowest point of the lighting fixture \\'here light is emitted. The lamp or any optical part (a reflector, prismatio lens or a clear nonprismatio lene) it; not visible at or abo'y/e a horizontal plane running through the lowest point on the lighting fixture 'Nhere light is emitted if it is fully shielded. Shielding devices may include internal or externallouvere. House shield. /\ manufacturer' provided attachment to the lighting fixture I \Nhich interrupts and blooks the path of light emitted from a lighting fixture. Lamp: The light source component of a lighting fixture that produces the aotuallight, commonly oalled a bulb. * * * Louvere: ^ seriee of baffles decigned to shield a light couron from being viewed directly ':/ithin oertain angles. * * * Replacement of outdoor lighting: ^ change of lighting fixture type, or a change to the mounting height or the looation of the fixture. 'Nallpaoks: 'Nail mounted lighting fixturee, typically surface mountod on a vertical wall eurface, with optical elements (refloctors or refraotors) that generally direot a large portion of their light at angles near the horizontal. * * * I I I I 709 Sec. 36.2-625. Outdoor lighting standards. (a) Generallv. (1) All outdoor lighting shall be located, fully shielded or located aimed, and shielded so as not to present glare on abutting lots or streets and to minimize spill light trespassing upward or across lot lines. * * * (3) \^!ith the exoeption of flood or spot lights '.vhich shall be subjeot to subseotion (1) beIO\.~:, oontrol of glare and light trespass shall be accomplished through the application of fully shielded fixtures and a downward aiming angle of nq greater than forty five (45) degrees above straight dO'Nn (half'."..ay bet'....een straight dO'.vn and straight to the side). (4) Flood or spot lights shall be permitted only when mounted to buildings, subjeot to the mounting heights of Seotion 36.2 625(0)(2) and (0)(3), and shall be aimed no higher than forty five (46) degrees above straight down (halfway behveen straight down and straight to the side). (5) Outdoor lighting shall not be permitted to be looated in any buffer yard required by this Chapter. [Subsections 36.2-625 (a)(6) and 36.2-625 (a)(7) are renumbered to be subsections 36.2-625 (a)(3) and 36.2-625 (a)(4) , respectively, with no other changes.] (6) (3) Eleotrioal feeds to lighting standards shall run underground, not overhead. (7)( 4} Building mounted uplighting is permitted only if the light distribution from the fixture is effeotively oontained by an overhanging architeotural element whioh oan functionally contain or limit illumination beyond the roof of the building. (b) Shielding. (1) /\ny struotural part of a fixture providing shielding to mitigate or oontrol light trespass or glare in order to oomply v./ith the regulations of this Division shall be permanently affixed. (2) 1\11 canopy lighting shall be recessed so the lens cover is reoessed or flush with the bottom surface (oeiling) of the canopy. Lights shall not be mounted on the top or sides (fascia) of the canopy. (3) Wallpaokc shall be fully shielded. 710 ~(b) Mountinq heiahts. * * * (2) Flood or spot lights Any building-mounted light rosidential dwellings or accessory buildings in residential distriots: flood or spot lights attaohed to single family, tv:o family, multifamily, and to'.vnhouse d'Nellings or aooessory buildings in residential distriots shall be mounted below the roof line. not exceed the height of the eaves. (3) Lighting fixtures mounted to buildings in nonresidential distriots: lighting mounted onto buildings in nonrecidential districts shall not exoeed a height higher than fifty (50) peroent of the horizontal distance of the light from the lot line, exoept as provided belO'.v: (A) Lighting for faoades may be mounted at ::my height equal to, or less than the total height of the structure being illuminated regardless of the horizontal distanoe to the lot line; and (8) For buildings less than forty (40) feet from the lot line, outdoor lighting shall be mounted to the vertical faoades or the underside of oanopies at a height of sixteen (16) feet or less. * * * Sec. 36.2-644. Overall tree canopy requirements. * * * (c) Tree canopy reauirements. (1) The planting or replacement of trees on a development site shall be required to the extent that, at twenty (20) years, minimum tree canopies will be provided as follows: specified in the dimensional regulations in Article 3 of this Chapter. CG, CLS, I 1, I 2, MX, IN, INPUD, RM 2, RMF R 3, RM 1, MXPUD R.^., R 12, R 7, R 5, ROS * * * I I I 711 I Sec. 36.2-652. Minimum off-street parking. (a) Applicability. (1) Where minimum parking is required pursuant to the dimensional regulations of the district, +Ae- the required minimum number of off-street parking spaces shall be provided as set forth in Table 652-2, or as specified on the development plan for a planned unit development district provided the minimum parking spaoe requirements of Table 652 2 shall not apply to the Downtown District (D), the Commercial Neighborhood Distriot (CN), or the Urban Flex Distriot (UF). * * * (g) Off-site parkinq . Where permitted by right or by special exception, the minimum Minimum off-street parking requirements of a given use may be met with off-site, off-street parking spaces when, and if, all of the following requirements are met. For the purposes of this Chapter, off-site, off-street parking provided in accordance with this Section shall not be subject to the definition of, or supplementary regulations for, accessory uses or structures. I * * * (3) Off site, off street parking shall not be permitted on a lot that is zoned R 12, R 7, R 5, R 3, RM 1, RM 2, or RMF; and [Subsection 36.2-652 (g)(4) is renumbered to be Section 36.2-652 (g)(3) with no other changes.] ~ Off cite, off street parking shall either (i) be located on land in the same ownership as that of the use or struoture served, or (ii) be subject to an Off Site Parking /\greement as set forth in Appendix C, whioh agreement shall be reoorded by the property owner with the Clerk of the Cirouit Court and a oopy filed 'J.'ith the Zoning I\dministr:1tor. Should the legal :1greement termin:1te, the use for whioh off cite parking was provided shall be oonsidered nonconforming :1nd any and all approvals, inoluding speoial exoeptions, shall be subject to revooation. Continuation or expansion of the use shall be prohibited unless the use is brought into oomplianoe with the parking regulations of this Chapter. I 712 [Table 652-2 shall be deleted in its entirety and replaced by Table 652-2, below] I T bl 652 2 R . d Off St t P k. S a e - . eQulre - ree ar mg ipaces. Use Minimum number of parking Maximum spaces required calculated as 1 Parking space for each specified unit. Accessory Uses Accessory uses None N Residential Uses Dwelling, Single-family attached 1.5 dwelling N Dwellin.q, Single-family detached None N Dwelling, Two-family 1.5 dwelling unit N Dwelling, Multifamily, Elderly (intended and 0.75 dwelling unit N designed exclusively to house the elderly) . Dwelling, Multifamily, other than elderly 1.5 dwelling unit N Dwelling N Townhouse or Rowhouse 1.5 dwelling unit N Dwelling, Manufactured home Not applicable N Dwelling, Mobile home N Accommodations and Group Living Bed and breakfast guest bedroom, plus 2 spaces N Boarding house N Dormitory N Group care facility, Congregate home, Elderly N Group care facility, Congregate home, not N othelWise listed in this table 3 rooms or dwelling units N Group care facility, Group care home N Group care facility, Halfway house N Group care facility, Nursing home N Group care facility, Transitional living facility N Group home, subject to Virginia Code & 15.2- 2291 Hotel or motel Room; add spaces for meeting or Y restaurant area as additional principal uses. Commercial Uses: Office and Related Uses Blood bank or plasma center Y Business service establishment, not othelWise 300 sf net floor area y listed in this table y Employment or temporary labor service y Financial institution Laboratory, dental, medical, or optical 1000 sf net floor area N Laboratory, testing and research N I I 713 I Medical clinic y Office, general or professional 300 sf net floor area y Outpatient mental health and substance abuse y clinic Commercial Uses: Miscellaneous Animal hospital or veterinary clinic 500 sf net floor area y Caterer, commercial y Community market not applicable y Drive-through facility y Drive-through kiosk y Flea market 500 sf of indoor or outdoor display y area Funeral home 4 seats in largest chapel or viewing y room Kennel 1,000 sf net floor area y Live-work unit 1.5 dwelling unit y Mixed use building Subject to the requirements of the y uses in the building Outdoor advertising sign None N Pet crematorium 1,000 sf net floor area y Studio/multimedia production facility 500 sf net floor area y Commercial Uses: Retail Sales and Service Bakery, con fectiona ry, or similar food y production, Retail y Body piercing establishment 300 sf net floor area y Building supplies and materials, Retail Business service establishment, not othelWise y listed in this table Car wash 1.5 service bay y Commercial motor vehicle rental 1,000 sf net floor area N establishment Commercial motor vehicle sales and service 5,000 sf of lot area y establishment, New or Used Contractor or tradesman's shop, General or 600 sf net floor area y Special Trade Drv cleanin.G and laundry pickup station 250 sf net floor area y Drv cleanin.G plant or commerciallaundrv 500 sf net floor area y Gasoline station None y General service establishment, not othelWise y listed in this table 350 sf net floor area y Janitorial services establishment y Laundromat I I 714 Lumber yard 1,000 sf net floor area - Y Manufactured or mobile home sales 500 sf of sales and service building Y Motor vehicle rental establishment 1,000 sf net floor area N Motor vehicle repair or service establishment 1.5 service bay Y Motor vehicle sales and service 750 sf net floor area y establishment, New or Used Nursery or greenhouse, commercial 1,000 sf of indoor floor sales area plus 1 space for every 1,000 sf of N greenhouse or net outdoor sales and customer display area Personal service establishment, not othelWise 300 sf net floor area Y listed in this table Pet grooming 500 sf net floor area Y Recreational vehicle or boat sales 1,000 sf net floor area Y Retail sales establishment-Large appliances, furniture, household fixtures, 1,000 sf of retail showroom area N swimmin.G pools, hot tubs, spas Retail sales establishment, not othelWise 250 sf of retail area Y listed in this table Storage building sales 500 sf of sales building Y Tattoo parlor 300 sf net floor area Y Industrial All industrial uses 1,000 sf up to 10,000 sf of building area, then 1 space for every 2,000 N sf of remaining building area Warehousing and Storage Distribution center, not othelWise listed in this 5,000 sf up to 50,000 sf of building table area, then 1 space for every 10,000 N sf of remaining building area Mini-warehouse Not Applicable Storage of commercial motor vehicles Storage of motor vehicles for rental (no on- N site rental or leasing facility) Tank farm, petroleum bulk station and 1,000 sf up to 10,000 sf of building terminal, or other above ground storage of area, then 1 space for every 2,000 N flammable IiGuids of remaining building area Warehouse 5,000 sf up to 50,000 sf of building area, then 1 space for every 10,000 N sf of remainin.G building area. Assembly and Entertainment Adult uses 500 sf building area y Amphitheater 6 seats or 600 sf of total assembly y area, whichever is greater I I I 715 I Amusement, commercial, indoor 250 sf net floor area y y Amusement, commercial, outdoor 1,000 sf of activity area Y Botanical garden or arboretum Not applicable y Club, lodge, civic, social, or fraternal N organization 300 sf of net floor area Community center Eating establishment N Eating and drinking establishment 100 sf net floor area Entertainment establishment Exhibition, convention, or conference center 8 persons of maximum load y occupancy Gaming establishment 250 sf net floor area N Go-cart track 1,000 sf of activity area Y Golf course 0.5 holes y Health and fitness center 5 persons of maximum load y occupancy Meeting hall 5 persons of maximum load y occupancy Paint ball facilitv, outdoor 2,000 sf of activity area Y Park or playground, not othelWise listed in this None N table Place of worship 4 seats or per 6 linear feet of bench seating in the portion of the building to be used for services or the Y largest assembly room, whichever is greater Recreation, indoor-Bowlina allev 0.5 lane y Recreation, indoor-Ice skating or roller 200 sf of skating area y skating rink Recreation, indoor or outdoor-Basketball 0.5 court Y courts Recreation, indoor or outdoor-Batting cages 0.5 caGe Y Recreation, indoor or outdoor-Skateboarding 500 sf of skating area Y course Recreation, indoor or outdoor-Swimming 75 sf of water area y I pools Recreation, indoor or outdoor- Tennis or 0.75 court Y other racquet courts Recreation, outdoor-Athletic fields 2,000 sf field area y Recreation, outdoor-Golf driving ranges 0.75 tee y Recreation, indoor, not othelWise listed in this 500 sf of activity area Y table I I 716 Recreation, outdoor, not othelWise listed in 1,000 sf of activity area Y this table Sports stadium, arena, or coliseum 5 seats Y Theater, movie or performing arts 5 seats N Zoo 2,500 sf of display area y Public, Institutional or Community Facilities Aquarium or planetarium 2,000 sf net floor area y Artist studio c 1,000 sf net floor area y Cemetery None N Community food operation 1,000 sf net floor area N Community garden None y Day care center, Adult 8 persons at permitted by max y occupancy Day care center, Child 8 children at permitted by max y occupancy Day care home, Child Not applicable N Educational facilities, Business school or 4 students Y nonindustrial school Educational facilities, College/university 4 full-time equivalent students Y Educational facilities, Elementary 0.5 classroom y Educational facilities, Middle 0.5 classroom Y Educational facilities, Secondary 7 students Y Educational facilities, Industrial trade school 5 students Y Educational facilities, School for the arts 300 sf y Fire, police, or emer:qencv services 500 sf N Government facilitv-Jail 20 inmate capacity N Government offices or other government 300 sf net floor area Y facilitv, not othelWise listed in this table Hospital 500 sf net floor area y Library 500 sf net floor area y Military Reserve or National Guard Center 600 sf net floor area y Museum 1,000 sf net floor area y Post Office 400 sf net floor area y Supply pantry 500 sf net floor area Y Training facility for police, fire, or emergency 600 sf net floor area y services Transportation Uses and Structures Airport None N Airport-related commercial and personal 300 sf net floor area N service uses Bus maintenance, including repair and 2,000 sf building area N storage I I I 717 I Bus passen.Qer terminal or station None Y Limousine service 300 sf net floor area of office N Motor freight terminal or truck terminal 5,000 sf up to 50,000 sf of building area, then 1 space for every 10,000 Y of remaining building area Railroad freight yard, repair shop, and 5,000 sf up to 50,000 sf of building marshalling yard area, then 1 space for every 10,000 N sf of building area Railroad passen.Qer station None y Taxicab business 300 sf net floor area of office N Utilitv Uses and Structures Broadcastina studio or station 300 sf net floor area Y BroadcasthQ tower None N Hazardous materials facility 300 sf office area N Utilitv distribution or collection, Basic None N Utilitv distribution or collection, Transitional None N Utilitv .Qeneration or treatment 300 sf office area N Utilitv maintenance and service facilitv 300 sf office area N Wireless telecommunications facility None N Aariculture Agricultural operations None N Animal shelter 500 sf net floor area y Stable, commercial 4 stalls Y Wildlife rescue shelter or refuge area 500 sf net floor area of office Y "sf" means the net floor area in square feet for the principal structure, or use if the use occupies only part of a structure, unless othelWise noted in the table. "Y" means the maximum parking regulations set forth in Section 36.2-653 shall apply. "Nil means the maximum parkin.Q regulations shall not applv. I Sec. 36.2-654. Off-street parking area standards. Table 654-2. Driveway Widths, Except for Lots Containing Single-Family Detached Dwellings Zonina Districts 1-wav 2-wav Minimum Maximum Minimum Maximum Width Width Width Width Lfeetl (feet) ifeetl (feet)2 R-12, R-7. R-5. R- 1Q jg ~ 24 3. RM-1 [Remainder of Table 654-2 remains unchanged except all footnotes in the table are deleted as shown below] * * * I 718 .+ For driveway widths for single family detaohed dwellings, in any zoning district, see Section 36.2 651 (f)(1 ). In any district that has a maximum width of thirty (30) feet for a two way driveway, the maximum 't.'idth of a driveway with a center median shall be forty five (45) feet, provided the center median is a minimum width of five (5) feet and is covered ':./ith grass or other vegetative groundcover. (D) Maximum driveway widths as set forth in Table 654-2 may be exceeded in accordance with the following provisions: I 2 (1) In any district that has a maximum width of thirty (30) feet for a two-way driveway, the maximum width of a driveway with a center median shall be forty-five (45) feet, provided the center median is a minimum width of five (5) feet and is covered with grass or other vegetative groundcover. f-1-t(2) &eR An increase in the width of driveways must may be approved by the Board of Zoning Appeals by special exception, pursuant to the provisions set forth in Section 36.2-560; t2t-(a) Such increase in the width of driveway shall be I permitted only upon the same lot as the principal use which the driveway is intended to serve; ~(b) The permitted maximum width of driveway created for any use shall be established by the Board, and such maximum width shall be limited to the required width as clearly demonstrated by the applicant as set forth in (4) below; and The approval of such increase in the width of driveway shall be based on findings related to unique driveway and ingress/egress demands created by the operational nature of the use, intensity of utilization unique to the use, distance from property line to edge of pavement, the configuration and width of the street being accessed, and the turning radii of motor vehicles used due to the operational nature of the use as demonstrated through vehicle wheel path templates. Such documentation shall be provided by the applicant. [Remainder of this section remains unchanged] {4t( c) I * * * I I I 719 Sec. 36.2-661. Applicability. * * * (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. * * * (4) Directional signs not exceeding four (4) square feet in sign area, and four (4) feet in height for freestanding directional signs. * * * (18) Signs located on the inside of an enclosed ball field, amphitheater, stadium or similar facility. * * * Sec. 36.2-668. On -premises signs, generally. Types and number of on premises signs. The types aRd-number and size of on-premises signs by zoning district shall be permitted as set forth in Table 668-1. 720 [Tables 668-1 and 669-1 shall be amended and combined in a new Table 668-1] Table 668-1 Tvpe, number, and size of on-premises signs. "sf" means square feet. "If" means linear feet. "ft" means feet. and "n/a" means not applicable. District Type Maximum Maximum Maximum Maximum Permitted Permitted number of sign area Sign face height Characteristics siQns RA None Not Not Not Not Not Applicable R-12 Applicable Applicable Applicable Applicable R-7 None Not Not Not Not R-3 Applicable Applicable Applicable Applicable Not Applicable RM-1 RM-2 Freestanding 1 per lot 25 sf 25 sf 6ft Identification sign RMF frontage only Building- 1 per lot 25 sf 25 sf n/a mounted frontage Freestanding 1 per 0.5 sf per 32 sf 6ft frontage If of lot MX frontage eN Building- 1 per 32 sf plus 32 sf n/a Illuminated IN mounted building 0.5 sf per ROS face or If of Changeable copy storefront building UF face or storefront over 32 If Freestanding 1 per 1 sf per If 1 25 sf 25 ft frontage of lot frontage Illuminated Building- 1 per 32 sf plus None n/a Changeable mounted building 1 sf pe r If copy face or of Electronic CG storefront building readerboard face or storefront over 32 If Upper-story 1 per 2% of 300 sf n/a building facade Illuminated face area I I I I I I 721 Freestanding 1 per 200 1 sf per If 150 sf 25 ft Illuminated linear feet of lot Changeable of lot frontage copy frontage up Electronic to 4 signs readerboard Building- 1 per 32 sf plus None n/a mounted building 1 sf per If Illuminated CLS face or of Changeable storefront building copy face or Electronic storefront readerboard over 32 If Upper-story 1 per 2% of 300 sf n/a building facade Illuminated face area Freestanding 1 per 0.5 sf per 32 sf 6ft Illuminated frontage If of lot Changeable frontage copy Public service message board Building- 1 per 32 sf plus None n/a mounted building 1 sf pe r If face or of Illuminated storefront building Changeable D face or copy storefront over 32 If Upper-story 1 per 2% of 300 sf n/a building facade Illuminated face area Sandwich 1 per 10 sf 10 sf and n/a Changeable board storefront 2.5 ft copy maximum width 1-1 Freestanding 1 per 0.5 sf per 125 sf 16 ft Illuminated 1-2 frontage If of lot AD frontage Changeable Building- 1 per 32 sf plus None n/a copy mounted building 1 sf per If face or of storefront building face or storefront over 32 If 722 Determined Determined Determine Determine Determine MXPU by MXPUD by MXPUD d by d by d by Illuminated D Development Developme MXPUD MXPUD MXPUD plan nt plan Developm Developm Developm ent plan ent plan ent plan INPUD Freestanding 1 per lot 0.5 sf per 60 sf 16 ft Illuminated IPUD frontage If of lot Changeable frontaQe copy Building- 1 per 32 sf plus None n/a Electronic mounted building 1 sf per If readerboard face or of storefront building face or storefront over 32 If Upper-story 1 per 2% of 300 sf n/a building facade face area I Sec. 36.2-669. Dimensional standards for on premises signs. Changeable copy signs and electronic readerboard signs. In addition to the other applioable regulations cet forth in this Division, on I premises signs shall meet the dimensional, height , and setback regulations as set forth in Table 660 1. (a) Changeable copy signs shall abut or connect with a static sign face, and the changeable copy portion of the sign shall not exceed eighty (80) percent of the overall sign of which it is a part. (b) Electronic readerboard signs shall be subject to these requirements: (1) The electronic readerboard shall be connected to and integrated with a static sign face. (2) The electronic readerboard portion of the sign shall constitute no more than forty (40) percent of the total sign area of which it is an integral part. (3) An electronic readerboard in a CG District shall not exceed twenty-five (25) square feet in sign area. I I I I 723 (4) The frequency of change of copy shall be established so that each display of copy remains static for at least six (6) seconds before changing to new copy. * * * Sec. 36.2-673. Temporary on-premises signs. (a) No temporary sign shall be erected or posted until a zoning permit has been issued pursuant to Section 36.2-664. Zoning permits for temporary on-premises signs shall be limited to two (2) such permits per 365-day period per -let establishment located on the lot. * * * (f) Except as otherwise provided in this section, temporary signs shall be permitted in accordance with Table 673-1. [Table 673-1 shall be deleted in its entirety and replaced with a new Table 673-1, below. ] Table 673-1. Temporary Signs: Maximum Square Footage of Sign Area. Multipurpose districts, Residential Districts Industrial districts, Planned unit development districts Maximum square footage of sign area per temporary sign Not permitted 32 square feet (Building mounted or freestandinG) Maximum height for temporary Not permitted 6 feet free standing s~qn * * * (j) Except as otherwise provided in this section, temporary on- premises signs shall be attached to a building or building appendage or attached to posts, stakes, or other supports that shall be removed at the time the sign is removed. * * * 724 * * * I APPENDIX A. DEFINITIONS. Amusement. commercial. indoor: An establishment primarily engaged in the provision of multiple amusement or entertainment devices or machines or games of skill, chance, or scoring to the general public for a fee, where all such activity occurs enclosed in a building. Such games include billiards, pool, table tennis, dartboards, foosball, pinball, video games, and other similar amusement or entertainment devices, whether or not they are coin-operated. Typical uses include pool halls, video arcades, and game rooms. "Indoor commercial amusement" establishments may include accessory uses, such as snack bars, which are designed and intended primarily for the use of patrons of the amusement use. "Indoor commercial amusement" establishments do not include gun-firing ranges or any use which is otherwise specifically listed in the Yse Matrix set forth in Seotion 36.2 310. Use Tables in Article 3 of this Chapter. Amusement. commercial. outdoor: An establishment primarily engaged in the provision of amusement or entertainment devices or games of skill or scoring to the general public for a fee where any portion of the activity takes place outside of a building, including miniature golf course, archery range, or similar facility. "Outdoor commercial amusement" establishments do not include go-cart I or motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed in the Use Matrix set forth in Section 36.2 340. Use Tables in Article 3 of this Chapter. * * * Business service establishment: An establishment primarily engaged in the sale, leasing, or repair of office equipment, supplies, and materials, or the rendering of services used by office, professional, and service establishments. Typical uses include office equipment and supply firms, small business machine repair shops, convenience printing and copying establishments, management and consulting services, office security services, advertising and mailing services, data and records storage, and other professional, scientific, or technical services or administrative or support services not otherwise specifically listed in the Use Matrix set forth in Seotion 36.2 310. Use Tables in Article 3 of this Chapter. * * * I 725 I Family: The term "family" includes: (1) One (1) or more persons occupying a single dwelling unit and living and cooking together as a single housekeeping unit, or (2) Up to and including eight (8) mentally ill, mentally retarded, or developmentally disabled persons who reside with one (1) or more resident counselors or other staff persons in a residential facility for which the Department of Mental Health, Mental Retardation, and Substanoe Abuse Servioes Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (3) Up to and including eight aged, infirm, or disabled persons who reside with one (1) or more resident counselors or other staff persons in a residential facility for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. I The word "family" does not refer to more than four (4) persons unrelated by blood, marriage, or adoption except as specifically provided in (2) of this definition. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia (1950), as amended. * * * General service establishment: An establishment primarily engaged in repair or maintenance services to individuals and households, rather than businesses, of household or commercial goods, including appliances, electronics, computers, and similar goods, but excluding "personal service," "business service," or "motor vehicle repair or service" establishments or any use which is otherwise specifically listed in the Use Matrix set forth in Seotion 36.2 ~Use Tables in Article 3 of this Chapter. * * * I 726 Group home (subject to Virginia Code Section 15.2-2291): I (1) A residential facility in which no more than eight (8) mentally ill, mentally retarded, or developmentally disabled persons reside, with one (1) or more resident counselors or other staff persons, and for which the Department of Mental Health, Mental Retardation and Substanoe ^buse Services. Behavioral Health and Development Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (2) A residential facility in which no more than eight (8) aged, infirm, or disabled persons reside, with one (1) or more resident counselors or other staff persons, and for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia (1950), as amended. A "group home, subject to Virginia Code Section 15.2-2291" is not considered a "group care facility" for purposes of this Chapter. * * * I Improved street or improved alley: A street or alley that has a paved surface that conforms to Section 31 90 31.1-400 of this code. * * * Manufacturina-General: An establishment engaged in the processing, fabrication, assembly, or mixing of materials to create a new product, and the incidental storage, sales, and distribution of such products, but excluding any use or establishment which is otherwise listed specifically in their'Use Matrix set forth in Seotion 36.2 310. Use Tables in Article 3 of this Chapter. * * * Personal service establishment: An establishment primarily engaged in the provision of frequent or recurrent needed individual services generally related to personal needs, such as the care of a person or a person's apparel, or the training and development of a person, including barber shops, beauty shops, nail salons, tanning salons, dressmakers and tailors, shoe repair shops, art or music lessons, and the like, but not including medical services, tattoo parlors, or body piercing establishments or any use which is otherwise specifically listed in the I Use Matrix set forth in Section 36.2 340. Use Tables in Article 3 of this Chapter. 727 I Recreation, indoor: The provIsIon of recreation facilities which are predominantly participatory uses, and which are located and conducted entirely within a building. Typical uses include tennis or other racquet courts, swimming pools, bowling alleys, ice skating or roller skating rinks, batting cages, paint ball facilities, climbing walls, or similar recreation uses. "Indoor commercial recreation" establishments may include accessory uses, such as snack bars, pro shops, and locker rooms, which are designed and intended primarily for the use of patrons of the principal recreational use. "Indoor recreation" establishments shall not include any use which is otherwise specifically listed in the Use Matrix set forth in Section 36.2 310. Use Tables in Article 3 of this Chapter. I Recreation, outdoor: The provision of recreation facilities which are predominantly participatory uses, and which are conducted in open or partially enclosed or screened facilities. Typical uses include swimming pools, tennis or other outdoor racquet courts, basketball courts, athletic fields, batting cages, driving ranges, skateboarding courses, or similar recreation uses. "Outdoor recreation" facilities may include any accessory uses, such as snack bars, pro shops and clubhouses, which are designed and intended primarily for the use of patrons of the principal recreational use. "Outdoor recreation" facilities shall not include paint ball fields or areas, go-cart or motorcycle courses, raceways, drag strips, overnight camping, or gun-firing ranges, or any use which is otherwise specifically listed in the Use Matrix set forth in Seotion 36.2 310. Use Tables in Article 3 of this Chapter. * * * Retail sales establishment: An establishment engaged in the sale or rental of goods, merchandise, or products directly to the consumer and including the incidental service of such merchandise. Retail sales establishments include warehouse clubs, grocery stores, florists, convenience stores, department stores, furniture stores, electronics stores, appliance stores, clothing stores,jewelry stores, drugstores, photo finishing services and supplies, picture framing, art galleries, bookstores, shoe stores, automobile parts and supplies store, antique stores, stationery stores, and similar retail establishments but shall not include any use or establishment which is otherwise listed specifically in the Use Matrix set forth in Section 36.2 3~0. Use Tables in Article 3 of this Chapter. I Retail sales establishment-Laroe appliances, furniture. household fixtures. swimmina pools: A retail sales establishment primarily characterized by large showrooms and floor samples, and where the retail sale is generally followed by delivery to the home, and which may include installation of the purchased item. Such establishments include stores primarily engaged in the sale of large appliances such as refrigerators, ovens, washers, and dryers, furniture stores, stores primarily engaged in the retail sale of household fixtures 728 such as bathroom fixtures, carpeting or other floor coverings, or lighting, and the retail sale of swimming pools, hot tubs, or spas. Such retail sales establishment shall not include any use or establishment otherwise listed specifically in the Yse Matrix set forth in Section 36.2 310. Use Tables in Article 3 of this Chapter. I * * * Temporary familv health care structure: A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, and which has been primarily assembled at a location other than the site of installation. The term caregiver means an adult who provides care for a mentally or physically impaired person within the Commonwealth and the caregiver shall be either related by blood, marriage, or adoption to, or shall be the legally appointed guardian of, the mentally or physically impaired person for who care is being provided. * * * Wind turbine. commercial. A device constructed for the purpose of generating supplemental electricity from wind power. Such device may be either freestanding or building-mounted. Wind turbine. small. A device constructed for the purpose of generating supplemental electricity from wind power. Such device is intended to be building- I mounted. Workshop: An establishment engaged in the assembly, fabrication, or manufacture of materials to create a new product, or the repair of such products, where the activity occurs within a wholly-enclosed building. Such use may include furniture making and repair, cabinetry, assembly of textiles, garment production and repair, assembly of electronics, florists, je we Iryma king, metalwork, or similar activities, and may include the retail sale of goods produced. * * * 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: ~~~~ov City Clerk ~~....~.- ~.._--- David A. Bowers I Mayor