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HomeMy WebLinkAbout39123-060611 - 39495-090412IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39123- 060611. A RESOLUTION accepting a donation of funds from the Virginia Museum of Transportation to the City to fund partially a project to research, survey, and nominate the Virginia Museum of Transportation (VMT) building for inclusion on the Virginia Landmarks 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 $3,500.00 from the Virginia Museum of Transportation to the City, all as more particularly set forth in the City Manager's report dated June 6, 2011, 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 City of Roanoke to the Virginia Museum of Transportation for its generous donation to the City to fund partially the project described in the City Manager's report dated June 6, 2011, to this Council. 4. The City Clerk is directed to transmit a copy of this Resolution to the Virginia Museum of Transportation expressing the City's appreciation for its donation. ATTEST: Stephanie M. Moon, WC City Clerk 1 APPROVED David A. Bowers Mayor FIPA IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39124- 060611. AN ORDINANCE to appropriate funding from the Virginia Museum of Transportation (VMT), 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 35- 610 - 8166 -2010 $ 3,500.00 Revenues VMT National Historical Place Nomination 35- 610 - 8166 -8166 3,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39125- 060611. A RESOLUTION authorizing the acceptance of two Certified Local Government Grants 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 grants. BE IT RESOLVED by the Council of the City of Roanoke that: K? 1. The City of Roanoke hereby accepts from the Virginia Department of Historic Resources (DHR) two Certified Local Government Grants in the total amount of $13,500.00, with no local matching funds required by the City, such funding to be used to undertake a historic survey and inventory for two City neighborhoods (the Riverland neighborhood and the Melrose -Rugby neighborhood), which will lead to eventual inclusion in the Virginia Landmarks Register and National Register of Historic Places, all of which is more particularly set forth in the City Manager's report dated June 6, 2011, to this Council. 2. The City Manager is authorized to execute any necessary documents, including the DHR Certified Local Government Grant Agreements, 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 grants. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t" day of June, 2011. No. 39126- 060611. 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 - Melrose 35- 610 - 8164 -2010 $ 5,000.00 Fees for Professional Services - Riverland 35- 610 - 8165 -2010 8,500.00 Revenues Certified Local Government FY11- Melrose 35- 610- 8164 -8164 5,000.00 Certified Local Government FY11- Riverland 35- 610- 8165 -8165 8,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39127- 060611. AN ORDINANCE authorizing and approving a one -time bonus to certain City employees in the amount of $1,000.00 each, and dispensing with the second reading by title of this Ordinance pursuant to the provisions of Section 12 of the City Charter. WHEREAS, because of economic factors and a tightened City budget, the City has not been able to accord its employees a pay raise for the third consecutive year; and WHEREAS, City Council desires to reward the continued good work of the City's employees through difficult financial times. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. All full -time and permanent part -time City employees as of June 13, 2011, as well as employees retiring on June 1, 2011, who have successfully completed a twelve month new hire probationary period on or before June 30, 2011, except for the City's Constitutional officers, Council- appointed officers, and the City's two Assistant City Managers, shall receive a bonus in the amount of $1,000.00 each on the City's June 22 pay date, such bonus to be subject to all applicable tax withholdings. For employees who complete the new hire probationary period between June 14 and June 30, the bonus will be paid on the next pay date. 1 5 2. The second reading by title of this Ordinance is hereby dispensed with pursuant to the provisions of Section 12 of the City Charter. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39128- 060611. AN ORDINANCE to increase the FY 2010 -2011 revenue estimate, appropriate funding to various accounts and transfer funding from Residential Juvenile Detention to Employee Stipend amending and reordaining certain sections of the 2010 -2011 General 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 General and Fleet Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund 01- 110 -1234 -0130 700,000.00 Appropriations 01- 110- 1234 -0201 400,000.00 Residential Juvenile Detention 01- 121- 2130 -2008 $ (521,000.00) Transfer to Fleet Fund 01- 250 - 9310 -9517 521,000.00 Transfer to Schools 01- 250 - 9310 -9530 1,332,000.00 Employee Stipend 01- 300 - 9410 -1163 1,594,000.00 State Reduction Contingency 01- 300 - 9410 -2500 (206,000.00) Police — Patrol— Off -Duty Earning 01- 640 - 3113 -1015 430,000.00 Revenues Personal Property Tax 01- 110 -1234 -0130 700,000.00 Sales Tax 01- 110- 1234 -0201 400,000.00 Bank Franchise Tax 01- 110- 1234 -0235 870,000.00 Prepared Food and Beverage Tax 01- 110 - 1234 -0250 750,000.00 Off -Duty Billings — Police 01 -110- 1234 -1298 430,000.00 1 Fleet Management Fund Appropriations Vehicular Equipment 17- 440 - 2642 -9010 521,000.00 Revenues Transfer from General Fund 17- 110- 1234 -0951 521,000.00 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 -n Qx��06�� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t" day of June, 2011. No. 39129- 060611. AN ORDINANCE amending and reordaining Section 14.1 -1, Definitions, and Section 14.1 -18, Time of placement of automated collection containers and recyclable containers for collection, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: Chapter 14.1. Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1 -1. Definitions. Principal building shall mean a structure designed to be used for residential purposes. For purposes of this chapter, however, a principal building shall not include an attached front porch, covered or uncovered. L�J 1 1 I1 Sec. 14.1 -18. Time of placement of automated collection containers and recyclable containers for collection. (a) Except in the central business district, automated collection containers and recycling containers containing solid waste shall be accessible for collection by an authorized person no later than 7:00 a.m. on the day of collection. Automated collection containers and recycling containers placed adjacent to streets for collection by an authorized person shall not be so placed prior to 7:00 p.m. on the day preceding the day of collection, and shall be removed as soon as possible after collection and, in no instance, shall they be permitted to remain adjacent to such street after 7:00 a.m. of the day following collection. (b) Automated collection containers and recycling containers shall be stored between dates of collection in a location no closer to the street than the principal building. Where placement of an automated collection container and recycling container in a location no closer to the street than the principal building is impractical or not feasible, the city manager may authorize desigaafe an alternative location. (cjkb} Solid waste in the central business district shall be placed out for collection by an authorized person in accordance with regulations promulgated by the city manager. 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: Stephanie M. Moon, MMC City Clerk APPROVED David A. Bowers Mayor S 0 ON IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39130- 060611. AN ORDINANCE to transfer funding from various projects to the Old Mountain 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 2010 Bond Funds 08- 530 - 9529 -9330 $ (61,250.00) Appropriated from 2010 Bond Funds 08- 510- 9620 -9302 61,250.00 Appropriated from General Revenue 08- 510 - 9620 -9003 (61,250.00) Appropriated from General Revenue 08- 530 - 9793 -9003 61,250.00 Revenues VDOT- Sidewalk Maint City -Wide 08- 530 - 9793 -9833 (61,250.00) VDOT -Old Mountain Rd Bridge Renovations 08- 530 - 9529 -9529 61,250.00 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: gt;�—— �� • MU,,i I I�Dwo_v�� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t" day of June, 2011. No. 39131-060611. 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 2011 -2012, 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 2011 -2012 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 $713,144.00 were received by the Board from thirty -five (35) agencies (48 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 2011 -2012; 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 2011 -2012 as more particularly set forth in the City Manager's report dated June 6, 2011, to this Council, and the attachment to that report. irej 2. The City Manager or his designee is authorized to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all funded programs by such agencies; all such contracts to be approved as to form by the City Attorney. APPROVED ATTEST: kq-�— Y�) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39132- 060611. AN ORDINANCE to transfer funding to specific Human Services Committee agencies, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Subsidies 01- 630 - 5220 -3700 (430,582.00) Bradley Free Clinic - Medical 01- 630 - 5220 -3721 6,000.00 League of Older Americans —Meals 30,000.00 on Wheels 01- 630 - 5220 -3722 Bethany Hall- Residential Substance 5,000.00 Abuse Treatment 01- 630 - 5220 -3728 Northwest Child Development 13,000.00 Center 01- 630 - 5220 -3734 TRUST — Emergency and 5,000.00 Transitional Housing 01- 630 - 5220 -3740 West End Center 01- 630 - 5220 -3745 9,600.00 Adult Care Center 01- 630 - 5220 -3746 5,000.00 Conflict Resolution Center -Court 01- 630 - 5220 -3748 10,000.00 Connect 11 Roanoke Adolescent Health 01- 630 - 5220 -3767 11,832.00 Partnership Court Appointed Special Advocate 01- 630 - 5220 -3775 5,000.00 Greenvale School 01- 630 - 5220 -3780 17,000.00 Blue Ridge Independent Living 10,000.00 Center 01- 630 - 5220 -3781 Mental Health Association of 5,000.00 Roanoke Valley 01- 630 - 5220 -3784 Planned Parenthood of the Blue 8,000.00 Ridge 01- 630 - 5220 -3795 St. John's Community Youth 10,000.00 Program 01- 630 - 5220 -3797 Girl Scouts of Virginia Skyline 5,000.00 Council 01- 630 - 5220 -3798 Presbyterian Community Center- 10,000.00 Pathways for Youth 01- 630 - 5220 -3801 Presbyterian Community Center- 5,000.00 Pathfinders 01- 630 - 5220 -3903 Children's Advocacy Center — Parent 8,850.00 Education 01- 630 - 5220 -3915 Apple Ridge Farm 01- 630 - 5220 -3917 13,800.00 Children's Trust - Children's Advocacy 5,000.00 Center 01- 630 - 5220 -3918 Family Service- ACTION 01- 630 - 5220 -3919 25,000.00 Family Service -Home Care 01- 630 - 5220 -3920 15,100.00 Family Service - Family & Individual 17,700.00 Counseling 01- 630 - 5220 -3921 Family Service - Adults Plus 01- 630 - 5220 -3922 14,700.00 Blue Ridge Legal Services 01- 630 - 5220 -3923 11,800.00 Big Brothers /Big Sisters of SWVA 01- 630 - 5220 -3925 5,000.00 Goodwill Industries of the Valleys, 9,600.00 Inc. 01- 630 - 5220 -3926 Roanoke Valley Interfaith Hospitality 5,500.00 Network 01- 630 - 5220 -3927 Salvation Army— Turning Point 01- 630 - 5220 -3929 16,500.00 Salvation Army— Emergency Shelter 01- 630 - 5220 -3930 5,000.00 CHIP - Family Strengthening 22,400.00 Program 01- 630 - 5220 -3932 CHIP —Care Coordination Program 01- 630 - 5220 -3933 20,100.00 Council of Community Services— 12,000.00 Monitoring Services 01- 630 - 5220 -3940 12 Council of Community Services - Non- Profit Bradley Free Clinic - Dental CHIP — Mental Health Services United Way of Roanoke Valley - Smart Beginnings 01- 630 - 5220 -3946 01- 630 - 5220 -3958 9,000.00 01- 630 - 5220 -3965 17,500.00 01- 630 - 5220 -3972 10,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39133- 060611. A RESOLUTION concurring in and approving the recommendations of the Roanoke Arts Commission's ( "Arts Commission ") allocation of City funds to various nonprofit agencies for Fiscal Year 2011 -2012. WHEREAS, the Fiscal Year 2011 -2012 budget approved by City Council for the Roanoke Arts Commission provides for funding in the amount of $280,437.00; WHEREAS, in order for nonprofit agencies to obtain an allocation for such funds, it was necessary for such agencies to file applications with the Arts Commission Agency Funding Advisory Committee; WHEREAS, requests for City funding in the total amount of $468,550.00 were received by the Committee from nineteen (19) agencies; and WHEREAS, after studying each application and holding allocation meeting hearings, the Committee recommended and the Arts Commission approved allocation of funding in the amount of $280,437.00 to such agencies for Fiscal Year 2011 -2012, subject to City Council approval. �II �J 1 13 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council concurs in and approves the recommendations of the Roanoke Arts Commission's allocations for funding in the amount of $280,437.00 for various nonprofit agencies for Fiscal Year 2011 -2012, as more particularly set forth in the City Manager's report dated June 6, 2011, to Council, and the attachment to that report. APPROVED ATTEST: 0 Stephanie M. Moon, MMC City Clerk David A Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t" day of June, 2011. No. 39134- 060611. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Local Colors 01- 310- 5221 -2276 $ 22,000.00 Subsidies 01- 310- 5221 -3700 (280,437.00) Virginia Museum of Transportation 01- 310 - 5221 -3714 20,000.00 Roanoke Symphony Society 01- 310- 5221 -3736 25,000.00 Opera Roanoke 01- 310- 5221 -3762 14,000.00 Science Museum of Western Virginia 01- 310 - 5221 -3774 25,000.00 Historical Society of Western Virginia 01- 310- 5221 -3776 19,000.00 Roanoke Ballet Theatre 01- 310- 5221 -3779 7,437.00 Southwest Virginia Ballet 01- 310- 5221 -3794 8,000.00 Young Audiences of Virginia 01- 310 =5221 -3802 8,000.00 Arts Council of the Blue Ridge 01- 310- 5221 -3909 15,000.00 Taubman Museum 01- 310- 5221 -3910 25,000.00 Harrison Museum /African - American Culture 01- 310 - 5221 -3913 25,000.00 14 Jefferson Center Foundation LTD Arts Commission Roanoke Valley Community Board Community High School Eleanor D. Wilson Museum Mill Mountain Zoo 01- 310- 5221 -3944 01- 310- 5221 -3961 01- 310- 5221 -3962 01- 310- 5221 -3972 01- 310- 5221 -3975 01- 310- 5221 -3980 25,000.00 1,000.00 1,000.00 5,000.00 20,000.00 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: -A yv),-yno,,-j Q Q Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of June, 2011. No. 39135- 060611. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code "); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code "); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and 15 WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.2, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �a u� Stephanie M. Moon, MMC City Clerk APPROVED X s owers Mayor 16 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39136- 062011. 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 Treasurer's Office, 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 City's Treasurer's Office, as set forth in the City Treasurer's report to Council dated June 20, 2011. 2. The City Treasurer is hereby authorized to execute, 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 City's Treasurer's Office. APPROVED ATTEST: 44Ao--��-o --y �70 Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39137- 062011. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $255,350.00, 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: 17 1. The Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $255,350.00, with no local match from the City, to be used during the period of April 1, 2011, through September 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 June 20, 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: 1 � 6� ,C) Stephanie M. Moon, MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39138- 062011. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY11 Dislocated Worker Rapid Response Grant #2, 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: 1 IIIJIJS-� Appropriations Contractual Services Revenues WIA Dislocated Worker Rapid Response FY11 #2 35- 633 - 2378 -8057 $255,350.00 35- 633 - 2378 -2378 255,350.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39139- 062011. 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 (TANF) Participants grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible TANF recipients, in the amount of $363,000.00, for the period commencing July 1, 2011, until June 30, 2012, as set forth in the City Manager's report to Council dated June 20, 2011, is hereby ACCEPTED. 1 1 19 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: kfL-A-t-1-1 M�i �Iy Oti•.� V Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39140- 062011. 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 35- 630 - 8863 -2010 $363,000.00 Revenues SWVA Regional Employment Coalition FY12 35- 630 - 8863 -8863 363,000.00 1 20 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: k4L--1- 'rte- rj ow r Stephanie M. Moon, MMC aD(a; A Be s City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39141 - 062011. A RESOLUTION accepting the Fiscal Year 2011 -2012 funds for the Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Shelter Grant Program; authorizing the City Manager to execute the requisite Grant Agreements with the United States Department of Housing and Urban Development ( "HUD "); and authorizing the City Manager to execute such subgrant agreements, amendments, and other documents as may be required. BE IT RESOLVED by the Council of the City of Roanoke ( "Council ") as follows: 1. The Fiscal Year 2011 -2012 Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Shelter Grant Program funds are hereby ACCEPTED, contingent upon receipt of an approval letter from HUD. 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with HUD, Funding Approval, and any and all understandings, assurances and documents relating thereto required by HUD to accept such funds, each 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 20, 2011, to this Council. 1 1 1 21 3. The City Manager is authorized to execute, and the City Clerk is authorized to attest, such subgrant agreements and amendments as may be required pursuant to the Fiscal Year 2011 -2012 Annual Update to the 2010 - 2015 Consolidated Plan ( "Annual Update ") approved by Council by Resolution No. 39115-050911, and as may otherwise exceed the City Manager's authority under Section 2 -124 of the Code of the City of Roanoke, as amended, such subgrant agreements or amendments to be within the limits of funds provided for in the Annual Update and to be approved as to form and as to execution by the City Attorney, as more particularly set forth in the City Manager's report dated June 20, 2011, to this Council. APPROVED ATTEST: h4 �- �-r9b&NIJ Stephanie M. Moon, MMC City Clerk � ' avid A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39142- 062011. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program and Emergency Solutions Grant Program (ESG), amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME Down Payment Assistance Program 35- 090 - 5313 -5399 $ 97,328.00 HOME BRHDC Project GOLD 35- 090 - 5313 -5449 (97,328.00) HOME Down Payment Assistance Program 35- 090 - 5366 -5399 102,672.00 HOME BRHDC New Gilmer CHDO Project 35- 090 - 5366 -5492 (101,293.00) HOME BRHDC New Gilmer CHDO 35- 090 - 5366 -5493 (15,129.00) Operating HOME BRHDC New Gilmer Project 35- 090 - 5366 -5494 (209,805.00) 22 HOME BRHDC New Gilmer Administration 35- 090 - 5366 -5495 (25,593.00) HOME Reserve Rehabilitation Project 35- 090 - 5366 -5527 147,855.00 HOME Bridge Year Home Ownership -TAP 35- 090 - 5366 -5571 101,293.00 HOME Reserve Home Ownership Project 35- 090 - 5368 -5526 (2,674.00) Funds HOME Reserve Rehabilitation Project 35- 090 - 5368 -5527 2,674.00 HOME Reserve Rehabilitation Project 35- 090 - 5370 -5527 33,259.00 HOME Reserve Rehabilitation Project 35- 090 - 5375 -5527 32,017.00 HOME Program - Regular Employee Wages 35- 090 - 5380 -1002 34,371.00 HOME Program -City Retirement 35- 090 - 5380 -1105 5,423.00 HOME Program -FICA 35- 090 - 5380 -1120 2,629.00 HOME Program - Medical Insurance 35- 090 - 5380 -1125 3,695.00 HOME Program - Dental Insurance 35- 090 - 5380 -1126 231.00 HOME Program -Life Insurance 35- 090 -5.380 -1130 282.00 HOME Program - Disability Insurance 35- 090 - 5380 -1131 96.00 HOME Down Payment Assistance Program 35- 090 - 5380 -5399 25,000.00 HOME Unprogrammed Funds 35- 090 - 5380 -5482 50,317.00 HOME Reserve Rehabilitation Project 35- 090 - 5380 -5527 134,195.00 HOME Bridge Year Home Ownership— 35- 090 - 5380 -5570 186,842.00 Habitat HOME Unprogrammed CHDO Funds 35- 090 - 5380 -5572 73,779.00 ESG -TRUST 35 -E12- 5282 -5251 20,000 .00 ESG -TAP Transitional Living Center 35 -E12- 5282 -5253 22,000.00 ESG- Roanoke Valley Interfaith Hospitality 35 -E12- 5282 -5254 24,000.00 Network ESG— Unprogrammed FY12 Funds 35 -E12- 5282 -5557 14,000.00 Planning Assistance for Target 35 -G04- 0421 -5405 (31,750.00) Neighborhoods Hotel Roanoke 108 35 -G04- 0430 -5135 31,750.00 BRHDC Project Gold 35 -G06- 0620 -5449 (487.00) Hotel Roanoke 108 35 -G06- 0630 -5135 32,340.00 Unprogrammed CDBG Carryover 35 -G06- 0640 -5184 (31,853.00) Hotel Roanoke 108 35 -G07- 0730 -5135 21,200.00 Unprogrammed CDBG Carryover 35 -G07- 0740 -5184 (21,200.00) BRHDC Market Rate Officer at Home 35 -G08- 0820 -5457 (8,560.00) BRHDC New Gilmer 35 -G08- 0820 -5485 (10,866.00) Hotel Roanoke 108 35 -G08- 0830 -5135 19,426.00 Old Southwest Spruce Up 35 -G09- 0920 -5521 (1,316.00) Hotel Roanoke 108 35 -G09- 0930 -5135 22,041.00 Unprogrammed CDBG Carryover 35 -G09- 0940 -5184 (20,725.00) RRHA Loan Loss Mitigation 35 -G10- 1020 -5543 (36,000.00) RRHA Property Acquisition Fund 35 -G10- 1020 -5551 (303,500.00) 23 Hotel Roanoke 108 35 -G10- 1030 -5135 339,500.00 Demolition 35 -G 11- 1119 -5108 85,000.00 RRHA Hurt Park Property Acquisition 35 -G11 -1119 -5580 3,937.00 Hurt Park Bike Patrol- Overtime 35 -G12- 0135 -1003 30,421.00 Hurt Park Bike Patrol -FICA 35 -G12- 0135 -1120 2,327.00 Community Based Prevention Svcs —Reg 35 -G12- 0136 -1002 64,629.00 Salaries Community Based Prevention Svcs— 35 -G12- 0136 -1105 10,198.00 Retirement Community Based Prevention Svcs —FICA 35 -G12- 0136 -1120 4,944.00 Community Based Prevention Svcs— 35 -G12- 0136 -1125 10,080.00 Medical Ins Community Based Prevention Svcs — Dental 35 -G12- 0136 -1126 577.00 Ins Community Based Prevention Svcs —Life Ins 35 -G12- 0136 -1130 181.00 Community Based Prevention Svcs— 35 -G12- 0136 -1131 181.00 Disability Ins Community Based Prevention Svcs— 35 -G12- 0136 -2021 1,680.00 Cellular Community Based Prevention Svcs —Local 35 -G12- 0136 -2046 2,400.00 Mileage Community Based Prevention Svcs —Rent 35 -G12- 0136 -3075 3,600.00 Old Southwest -NDG 35 -G12- 0137 -5028 700.00 Loudon /Melrose Neighborhood -NDG 35 -G12- 0137 -5245 10,700.00 Hurt Park Neighborhood Alliance -NDG 35 -G12- 0137 -5371 700.00 Melrose /Rugby Neighborhood Forum -NDG 35 -G12- 0137 -5410 14,270.00 Fairland Civic Organ ization -NDG 35 -G12- 0137 -5440 700.00 Southeast Action Forum -NDG 35 -G12- 0137 -5515 4,920.00 Fleming Court Neighborhood Watch -NDG 35 -G12- 0137 -5517 700.00 Nazarene Neighborhood Watch -NDG 35 -G12- 0137 -5545 700.00 Mt View Neighborhood Association -NDG 35 -G12- 0137 -5567 1,180.00 Gainsboro Southwest Community 35 -G12- 0137 -5586 13,200.00 Organization Northwest Neighborhood Improvement 35 -G12- 0137 -5587 700.00 Council Empowering Individuals with Disabilities- 35 -G12- 1219 -5057 75,000.00 Project Emergency Home Repair —TAP- Project 35 -G12- 1219 -5470 95,000.00 Emergency Home Repair— TAP - Delivery 35 -G12- 1219 -5483 30,000.00 World Changers- Project 35 -G12- 1219 -5486 60,000.00 World Changers - Delivery 35 -G12- 1219 -5498 15,000.00 Habitat Bridge Year Home Ownership 35 -G12- 1219 -5570 23,108.00 TAP Bridge Year Home Ownership- Project 35 -G12- 1219 -5571 5,000.00 24 TAP Bridge Year Owner /Rental Rehab- 35 -G12- 1219 -5573 119,700.00 Project TAP Bridge Year Owner /Rental Rehab- 35 -G 12- 1219 -5574 41,155.00 Delivery Habitat Bridge Year Owner Occupied 35 -G12- 1219 -5575 17,000.00 Rehab RTR Bridge Year Owner Occupied Rehab- 35 -G12- 1219 -5576 64,000.00 Project RTR Bridge Year Owner Occupied Rehab- 35 -G12- 1219 -5577 16,000.00 Delivery CHP Home Energy Improvement- Project 35 -G12- 1219 -5578 59,000.00 CHIP Home Energy Improvement - Delivery 35 -G12- 1219 -5579 6,000.00 RRHA Hurt Park Property Acquisition- 35 -G12- 1219 -5580 71,063.00 Project RRHA Hurt Park Property Acquisition- 35 -G12- 1219 -5581 15,000.00 Delivery RRHA New Target Property Acquisition- 35 -G12- 1219 -5582 70,476.00 Project RRHA New Target Property Acquisition- 35 -G12- 1219 -5583 12,000.00 Delivery Empowering Individuals with Disabilities- 35 -G12 -1219 -5585 6,250.00 Delivery Fair Housing 35-G12-1221-5284 5,000.00 Historic Review Services 35-G12-1221-5403 10,000.00 Environmental Review Services 35 -G12- 1221 -5565 25,000.00 RRHA Property and Loan Portfolio 35 -G12- 1221 -5584 25,000.00 Management HUD Admin - Regular Employee Wages 35 -G12- 1222 -1002 151,851.00 HUD Admin -City Retirement 35 -G12- 1222 -1105 25,603.00 HUD Admin -FICA 35 -G12 -1222 -1120 12,412.00 HUD Admin - Medical Insurance 35 -G12- 1222 -1125 12,540.00 HUD Admin - Dental Insurance 35 -G12- 1222 -1126 1,001.00 HUD Admin -Life Insurance 35 -G12- 1222 -1130 1,331.00 HUD Admin - Disability Insurance 35 -G12- 1222 -1131 454.00 HUD Admin - Professional Services 35 -G12- 1222 -2010 750.00 HUD Admin - Advertising 35 -G12- 1222 -2015 3,500.00 HUD Admin - Telephone 35 -G12- 1222 -2020 1,068.00 HUD Admin- Administrative Supplies 35 -G12- 1222 -2030 2,100.00 HUD Admin - Expendable Equipment 35 -G12- 1222 -2035 1,500.00 HUD Admin- Training & Development 35 -G12- 1222 -2044 2,000.00 HUD Admin —Local Travel 35 -G12- 1222 -2046 250.00 HUD Admin- Printing 35 -G12- 1222 -2075 2,500.00 HUD Admin- Records Management 35 -G12- 1222 -2082 150.00 HUD Admin- Postage 35 -G12- 1222 -2160 1,000.00 25 HUD Admin -Xerox Lease 35 -G12- 1222 -3045 250.00 HUD Admin —DoT Billings 35 -G12- 1222 -7005 4,144.00 HUD Admin —Risk Management 35 -G12- 1222 -7017 500.00 Code Enforcement - Regular Employee 35 -G12- 1223 -1002 71,211.00 Wages Code Enforcement -City Retirement 35 -G12- 1223 -1105 11,105.00 Code Enforcement -FICA 35 -G12- 1223 -1120 5,383.00 Code Enforcement - Medical Insurance 35 -G12- 1223 -1125 9,092.00 Code Enforcement - Dental Insurance 35 -G12- 1223 -1126 570.00 Code Enforcement -Life Insurance 35 -G12- 1223 -1130 578.00 Code Enforcement - Disability Insurance 35 -G12- 1223 -1131 197.00 Code Enforcement - Administrative Supplies 35 -G12- 1223 -2030 864.00 EEA Home Rehab - Regular Employee 35 -G12- 1224 -1002 73,585.00 Wages EEA Home Rehab -City Retirement 35 -G12- 1224 -1105 11,612.00 EEA Home Rehab -FICA 35 -G12- 1224 -1120 5,630.00 EEA Home Rehab - Medical Insurance 35 -G12- 1224 -1125 8,063.00 EEA Home Rehab - Dental Insurance 35 -G12- 1224 -1126 506.00 EEA Home Rehab -Life Insurance 35 -G12- 1224 -1130 604.00 Rehabilitation Reserve— Project Funds 35 -G12- 1224 -5527 33,452.00 Down Pymt Assist Prog - Regular Employee 35 -G12- 1225 -1002 7,587.00 Wages Down Pymt Assist Prog -City Retirement 35 -G12- 1225 -1105 1,197.00 Down Pymt Assist Prog -FICA 35 -G12- 1225 -1120 580.00 Down Pymt Assist Prog - Medical Insurance 35 -G12- 1225 -1125 1,140.00 Down Pymt Assist Prog - Dental Insurance 35 -G 12- 1225 -1126 72.00 Down Pymt Assist Prog -Life Insurance 35 -G12- 1225 -1130 62.00 Down Pymt Assist Prog - Disability Insurance 35 -G12- 1225 -1131 21.00 Down Pymt Assist Prog -Costs 35 -G 12- 1225 -5399 48,838.00 Hotel Roanoke 108 35 -G 12- 1230 -5135 31,776.00 Apple Ridge Farms 35 -G12- 1238 -5084 25,000.00 CSA Program Services —Reg Employee 35 -G12- 1239 -1002 69,843.00 Salaries CSA Program Services —City Retirement 35 -G12- 1239 -1105 11,021.00 CSA Program Services —FICA 35 -G12- 1239 -1120 5,308.00 CSA Program Services — Medical Insurance 35 -G12- 1239 -1125 4,560.00 CSA Program Services — Dental Insurance 35 -G12- 1239 -1126 282.00 CSA Program Services —Life Insurance 35 -G12- 1239 -1130 212.00 CSA Program Services— Disability Insurance 35 -G12- 1239 -1131 110.00 CSA Program Services— Cellular Telephone 35 -G12- 1239 -2021 744.00 CSA Program Services— Administrative 35 -G12- 1239 -2030 100.00 Supplies CSA Program Services— Expendable 35 -G12- 1239 -2035 500.00 Equipment 26 CSA Program Services— Training & 35 -G12- 1239 -2044 4,250.00 Development CSA Program Services —Local Mileage 35 -G12- 1239 -2046 3,600.00 CSA Program Services— Program Activities 35 -G12- 1239 -2066 200.00 CSA Program Services— Business Meals & 35 -G12- 1239 -2144 400.00 Travel Unprogrammed -Other 35-G12-1241-5189 13,937.00 Revenues HOME Program Income 09 -10 35- 090 - 5370 -5371 4,174 .00 HOME Program Income 09- 10 -SEBD 35- 090 - 5370 -5372 .4,574.00 HOME Program Income 09 -10 -TAP 35- 090 - 5370 -5373 24,511.00 HOME Program Income 10 -11 35- 090 - 5375 -5376 32,017.00 HOME Entitlement 11 -12 35- 090 - 5380 -5380 491,860.00 HOME Program Income 11 -12 35- 090 - 5380 -5381 25,000.00 ESG Entitlement 11 -12 35 -E12- 5282 -5282 80,000.00 Hotel Roanoke Section 108 Repayment 35 -G 11- 1100 -3134 88,937.00 CDBG Entitlement 35 -G 12- 1200 -3201 1,310,303.00 Other Program Income —RRHA 35 -G12- 1200 -3203 5,000.00 Lease Payment- Cooper Industries 35 -G12- 1200 -3206 13,333.00 Hotel Roanoke Section 108 Repayment 35 -G12- 1200 -3207 400,000.00 Rental Rehab Repayment 35 -G 12- 1200 -3208 500.00 Home Ownership Assistance 35 -G12- 1200 -3222 5,000.00 . Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �-k - W1 a"' Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39143- 062011. A RESOLUTION authorizing an agreement with the Jefferson Center Foundation for the purpose of capital improvements, specifically replacement of the roof, at the Jefferson Center. 27 WHEREAS, the Jefferson Center Foundation has advised the City that the Foundation intends to undertake a major fund - raising effort in order to fund capital improvements at the Jefferson Center located at 541 Luck Avenue, S. W.; WHEREAS, performing capital improvements at the Jefferson Center will cost approximately One Million, Five Hundred Thousand Dollars; and WHEREAS, the Foundation has requested that the City provide appropriations of a total of One Hundred Thousand Dollars for the replacement of the roof. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized to execute and to attest, respectively, an agreement with the Jefferson Center Foundation, for the purpose of a one -time contribution for replacement of the roof at the Jefferson Center, all as more fully set forth in the City Manager's letter to this Council dated June 20, 2011. 2. Such agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned letter. APPROVED ATTEST: �-c Y-U 0 V 6 Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39144- 062011. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve to the Jefferson Center Capital Contribution account amending and reordaining certain sections of the 2010 -2011 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. 28 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 08- 300 - 9612 -9003 $100,000.00 Fund Balance Economic and Community Development (100,000.00) Reserve- Unappropriated 08 -3365 Pursuant 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, MMC avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39145- 062011. AN ORDINANCE to transfer funding from the Health Department/Civic Mall Tenant Upfit project to the Fire /EMS Station #1 Exhaust System Upgrade 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 08- 530 - 9683 -9003 $ 101,000.00 CMERP — Equipment Purchases 08- 530 - 9834 -9132 (101,000.00) 1 1 29 Pursuant 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, MMC D wers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39146- 062011. AN ORDINANCE to transfer funding from the School General Fund to the School Athletics Fund for transportation, amending and reordaining certain sections of the 2010 -2011 School General and School 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 2010 -2011 School General and School Athletics Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Appropriations Transportation by Contract Transfer to Athletics Fund School Athletics Fund Appropriations Transportation by Contract Revenues Transfer from School General Fund 301 - 000 - 0000 - 0000 - 0000 - 00000 - 43343 -0 -00 301 - 000 - 0000 - 0000 - 0000 - 00000 - 62000 -0 -00 $ ( 500,000.00) 341 - 000 - 0000 - 0000 - 0000 - 00000 - 43343 -0 -00 }. 321 - 000 - 0000 - 0000 - 0000 - 00000 - 53206 -0 -00 500,000.00 1500,000.00 500,000.00 30 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �-r) r I.-T Qrp---W�� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39147- 062011. 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 Library Books 302 - 110 -1313- 0230 - 767E - 61320 - 46613 -3 -01 $ 5,000.00 Materials and Supplies 302- 110 - 0000 - 0300 - 763E - 61100 - 46614 -2 -01 4,940.00 Data Technician Part- 309 - 204 - 0000 - 1000 -175S- 62150 - 41151 -9 -00 11,250.00 Time Position Social Security 309 - 204 - 0000 - 1000 -175S- 62150 - 42201 -9 -00 861.00 Purchased Services 309 - 204 - 0000 - 1000 -175S- 62150 - 43313 -9 -00 52,810.00 Travel 309 - 204 - 0000 - 1000 -175S- 62150 - 45554 -9 -00 4,450.00 Indirect Costs 309 - 204 - 0000 - 1000 -175S- 62150 - 72000 -9 -00 2,955.00 Materials and Supplies 309 - 204 - 0000 - 1000 -175S- 62150 - 46601 -9 -00 2,600.00 Payment of Joint Operation- 302 - 191 -0000- 0553 - 325E- 61100- 47701 -3 -02 38,200.00 Roanoke Co. Schools 1 L 1 1 Revenues Private Foundation Receipts Private Foundation Receipts Federal Grant Receipts State Grant Receipts 302 -110- 0000 - 0000 - 767E - 00000 - 33808 -0 -00 302-110-0000-0000-763E-00000-33808-0-00 309 - 204 - 0000 - 0000 -175S- 00000 - 38384 -0 -00 309-000-0000-0000-325E-00000-32272-0-0O 31 5,000.00 4,940.00 74,926.00 38,200.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: - 1��r Q Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39148- 062011. 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 properties within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, the City Planning Commission and The Branch Family, LLC, have made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the following properties rezoned: A. Official Tax Nos. 1121306, 1130113, 1130114, 1130313, 1130511, 1130512, 1130514, 1130515, 1130516, 1130611, 1130801, 1130803, 1130804, 1130808, and 1130902 located on Wasena Avenue, S. W., Winona Avenue, S. W., 8th Street, S. W. and Kerns Avenue, S. W., from 1 -1, Light Industrial District, to UF, Urban Flex District; and 32 B. Official Tax Nos. 1130809 and 1130814, located at 1354 8th Street, S. W., from IN, Institutional District, conditional, to UF, Urban Flex 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 June 20, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject 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 are hereby rezoned: A. Official Tax Nos. 1121306, 1130113, 1130114, 1130313, 1130511, 1130512, 1130514, 1130515, 1130516, 1130611, 1130801, 1130803, 1130804, 1130808, and 1130902 located on Wasena Avenue, S. W., Winona Avenue, S. W., 8th Street, S. W. and Kerns Avenue, S.W., from 1 -1, Light Industrial District, to UF, Urban Flex District; and B. Official Tax Nos. 1130809 and 1130814, located at 1354 8th Street, S. W., from IN, Institutional District, conditional, to UF, Urban Flex District, as set forth in the Zoning Amendment Application dated March 17, 2011. 33 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: ~ D<Cwmmlll� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of June, 2011. No. 39149- 062011. AN ORDINANCE approving the Countryside Master Plan dated May 19, 2011, as amended at the Planning Commission public hearing held on May 19, 2011, and amending Vision 2001 -2020, the City's Comprehensive Plan, to incorporate the Master Plan as an element of the Comprehensive Plan; and dispensing with the second reading by title of this ordinance. WHEREAS, on May 19, 2011, the Countryside Master Plan dated May 19, 2011 (the "Plan "), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001 -2020, the City's Comprehensive Plan, to incorporate the Master Plan as an element of the Comprehensive Plan; and WHEREAS, in accordance with the provisions of §15.2 -2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on June 20, 2011, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 1 34 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Countryside Master Plan dated May 19, 2011, as amended at the Planning Commission public hearing held on May 19, 2011, and amends Vision 2001 -2020, the City's Comprehensive Plan, to include such Countryside Master Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 'Stephanie M. Moon, -MMC� City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 35 The 5th day of July, 2011. No. 39150- 070511. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2011, and terminating June 30, 2012. 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, 2011, and terminating June 30, 2012. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. (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 2 -4, 2011, an exception is noted herein and the regular meeting scheduled to be held on Monday, October 3, 2011, is rescheduled to be held on Thursday, October 6, 2011, 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. 36 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 1, 2011, which shall be held in the Media Center at William Fleming High School located at 3649 Ferncliff Avenue, N. W., Roanoke, Virginia. 7. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place. 8. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5t" day of July, 2011. No. 39151-070511. A RESOLUTION accepting the FY 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. 1 1 1 37 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the FY 2010 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $30,000.00, to be used for HAZMAT Team Equipment and Training. There is no matching fund requirement for this grant. The grant is more particularly described in the report of the City Manager to Council dated July 5, 2011. 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: Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of July, 2011. No. 39153- 070511. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from 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 that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Health, a Summer Food Program Grant in the amount of $175,000.00, 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 report dated July 5, 2011, to City Council. 38 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by the Virginia Department of Health in connection with the grant. APPROVED ATTEST: r 1. D 111*� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of July, 2011. No. 39155- 070511. A RESOLUTION accepting a donation from the Mill Mountain Garden Club to the City to develop an outdoor classroom for Mill Mountain Park; 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 design, materials, and labor valued at approximately $16,400.00 from the Mill Mountain Garden Club to the City, all as more particularly set forth in the City Manager's report dated July 5, 2011, 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 City of Roanoke to the Mill Mountain Garden Club for its generous donation to the City for the outdoor classroom described in the City Manager's report dated July 5, 2011, to this Council. 1 39 4. The City Clerk is directed to transmit a copy of this Resolution to the Mill Mountain Garden Club expressing the City's appreciation for its donation. APPROVED ATTEST: A49--, �- rn ' D� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of July, 2011. No. 39156- 070511. A RESOLUTION approving the terms of a Letter Agreement between the City of Roanoke, Virginia, and 611 Jefferson, LLC, for access to parking permits for the Patrick Henry Hotel Project (Project); making a determination that the nonhousing portions of this Project are necessary and appropriate for the revitalization and for the continued commercial and economic development of Census Tract Eleven (11); authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions to advise the Virginia Housing Development Authority (VHDA) of such determination; authorizing the City Manager to execute the Letter Agreement referred to above; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of a Letter Agreement between the City of Roanoke, Virginia, and 611 Jefferson, LLC, for access to parking permits for the Project, as set forth in the attachment to the City Manager's report dated July 5, 2011, to Council. 2. City Council further determines that the nonhousing portions of this Project are necessary and appropriate for the revitalization and for the continued commercial and economic development of Census Tract Eleven (11). 1 40 3. The City Manager is authorized to execute any necessary documents, provide any additional information, and to take any necessary actions to advise the VHDA of Council's determination set forth above and /or document such determination. 4. The City Manager is authorized on behalf of the City to execute a Letter Agreement between the City of Roanoke, Virginia, and 611 Jefferson, LLC, for access to parking permits for the Project, upon certain terms and conditions as set forth in the City Manager's report dated July 5, 2011, to Council. Such Letter Agreement shall be substantially similar to the one attached to such report and in a form approved by the City Attorney. 5. The City Manager is further authorized to execute such other documents and take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. APPROVED ATTEST: Stephanie M. Moon, MMC v David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of July, 2011. No. 39158- 070511. A RESOLUTION expressing City Council's extreme displeasure with State legislation that became effective July 1, 2011, invalidating all local ordinances that prohibit the use of pneumatic guns on or within private property with permission of the owner or legal possessor of the property when conducted with "reasonable care to prevent a projectile from crossing the bounds of the property," and calling for the repeal of such legislation. WHEREAS, the City of Roanoke has prohibited since at least 1909 the discharge, anywhere within the City, of air -guns and similar implements (Code of the City of Roanoke 1909, Sec. 399); r-- 41 WHEREAS, by the enactment of SB 757 during the last session of the General Assembly, the General Assembly invalidated all existing local ordinances "that prohibit the use of pneumatic guns in or within private property with permission of the owner or legal possessor of the property when conducted with reasonable care to prevent a projectile from crossing the bounds of the property;" WHEREAS, the prohibition of the discharge of air -guns and similar pneumatic weapons in the City is a prudent measure that helps ensure the public safety, health, and welfare, especially given the City's high population density of over 2,200 persons per square mile, and the narrowness and small size of many lots within the City; WHEREAS, pneumatic guns include rifles and pistols that fire .22 caliber pellets - the same caliber as the smallest rifle caliber, and they reportedly have killing power at close range and the ability to kill small animals at fifty yards; WHEREAS, the "reasonable care" requirement enacted by the General Assembly works only so long as a shooter doesn't miss the backstop that is intended to provide the reasonable care; WHEREAS, law enforcement officers are concerned that the resemblance of some pneumatic weapons to even more lethal weapons will cause problems for officers responding to calls, and having to make split- second decisions about how to respond appropriately; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council expresses its extreme displeasure at the enactment of the General Assembly of Senate Bill 757. 2. Council calls upon the General Assembly to repeal Chapter 832 of the Virginia Acts of Assembly, 2011 Reconvened Session, which enacted Senate Bill 757. 3. The City Clerk is directed to send attested copies of this Resolution to the Governor and to all members of the General Assembly. APPROVED ATTEST: lt:�P� M . -�� D<Xymx�� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 5K IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of July, 2011. No. 39159- 070511. A RESOLUTION appointing Richard Willis as School Board Trustee on the Roanoke City School Board to fill the unexpired term of Jason Bingham, July 1, 2011 through June 30, 2012. WHEREAS, pursuant to §9 -24, Code of the City of Roanoke (1979), as amended, a public hearing was held June 20, 2011, relating to the appointment of a School Board Trustee; and WHEREAS, this Council is desirous of appointing Richard Willis to fill the vacancy on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Richard Willis is hereby appointed as School Board Trustee on the Roanoke City School Board for a term commencing July 5, 2011, and ending June 30, 2012. 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 Richard Willis. APPROVED ATTEST: gz-ru �- Stephanie M. Moon, MMC City Clerk QC.""-, David A. Bowers Mayor 1 1 1 1 J WRFAW AWA IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39152- 071811. 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 and training, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment Training and Development Other Equipment Revenues SHS Haz Mat Team Equipment.FY11 ATTEST: Jonathan E. Craft Deputy City Clerk 35- 520 - 3535 -2035 $ 7,500.00 35- 520 - 3535 -2044 2,704.00 35- 520 - 3535 -9015 19, 796.00 35- 520 - 3535 -3535 30,000.00 APPROVED David nAB?.wers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39154- 071811. AN ORDINANCE to appropriate funding from the Federal government for the Summer Food Program, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations. MA BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2011 -2012 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 FY12 ATTEST: 35- 620 - 5272 -2066 35- 620 - 5272 -5272 APPROVED $ 175,000.00 175,000.00 onathan E. Craft Davi A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39157-071811. AN ORDINANCE amending and reordaining Section 21 -81, Discharge of air gun, gravel shooter, pneumatic gun, etc., of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended. BE IT ORDAINED by the Council of the City of Roanoke that: Section 21 -81, Discharge of air gun, gravel shooter, pneumatic gun, etc., of Chapter 21, Offenses - Miscellaneous, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §21 -81. Discharge of air gun, gravel shooter, pneumatic gun, etc. (a) Any person who shall, anywhere within the city, discharge shot, stones, gravel, bullets or any similar thing from a gravel shooter, air gun, pneumatic gun or other similar implement shall be guilty of a Class 4 misdemeanor, unless otherwise permitted by this section. 1 1 1 45 (b) Subsection (a) shall not prohibit the use of a pneumatic gun at a facility approved for shooting ranges, or on or within private property with permission of the owner or legal possessor thereof when conducted with reasonable care to prevent a projectile from crossing the bounds of the property. (c) Subsection (a) shall not prohibit the establishment of commercial or private areas designated for use of paintball guns for recreational use in accordance with all applicable requirements. Equipment designed to protect the face and ears shall be provided to participants at such recreational areas, and signs shall be posted to warn against entry into the paintball area by persons who are unprotected or unaware that paintball guns are in use. •(d) As used in this section, the term, "pneumatic gun" means any implement, designed as a gun, that will expel a BB or a pellet by action of pneumatic pressure. The term "pneumatic gun" includes a paintball gun that expels by action of pneumatic pressure plastic balls filled with paint for the purpose of marking the point of impact. (e) All uses of a pneumatic gun otherwise allowed under this section by a minor below the age of sixteen (16) years shall be under the supervision of a parent, guardian, or other adult supervision approved by the minor's parent or guardian. (f) All minors, when permitted by a parent or guardian to use a pneumatic gun, shall be responsible for obeying all laws, regulations, and restrictions governing such use. (g) The training of minors in the use of pneumatic guns shall be done only under direct supervision of a parent, guardian, or a certified instructor. Training of minors above the age of sixteen (16) may also be done without direct supervision if approved by the minor's instructor, with the permission of and under the responsibility of a parent or guardian, and in compliance with all requirements of this section. Instructors may be certified by the National Rifle Association, a state or federal agency that has developed a certification program, any service of the Department of Defense, the Junior Reserve Officer Training Corps, American Legion, 4 -H, the Civilian Marksmanship Program, Boy or Girl Scouts, USA Shooting, and similar groups approved by the Chief of Police, or any person authorized by these entities to certify instructors. 1 ; e (h) All training and shooting shall take place either indoors at a range deemed safe for such use by the minor's certified instructor, or outdoors at a facility meeting the requirements of subsection (b) above. APPROVED ATTEST: Jonathan E. Craft David A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39160-071811. AN ORDINANCE amending and reordaining Sec. 10 -18, Same -- Voting place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Highland Precinct No.1; and dispensing with the second reading by title of this ordinance. WHEREAS, the Jefferson Center, Room 105, 541 Luck Avenue, S. W., is the regular polling place for the Highland Precinct No. 1; WHEREAS, the polling place no longer meets the required standards set by the Americans With Disabilities Act and can no longer be used as a polling site; WHEREAS, by Resolution dated April 5, 2011, the Roanoke City Electoral Board has recommended the permanent relocation of the polling place for the Highland Precinct No. 1, to the Roanoke Scottish Rite Building, 622 Campbell Avenue, S. W., Roanoke, Virginia, such polling place being located within such precinct as required by §24.2 -310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Highland Precinct No. 1, 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. 1 EIN 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 -18. Same - Voting place. The voting place in Highland Precinct No. 1 shall be the Roanoke Scottish Rite Building, 622 Campbell Avenue, S. W. 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 Highland Precinct No. 1, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice for preclearance. 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: G. Jonathan E. Craft Deputy City Clerk +ZJQ David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39161-071811. AN ORDINANCE amending and reordaining Sec. 10 -28, Same -- Voting place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Tinker Precinct; and dispensing with the second reading by title of this ordinance. I • • WHEREAS, Fire Station No. 14, 1061 Mecca Street, N. E., is the regular polling place for the Tinker Precinct; WHEREAS, the polling place is no longer adequate in size for the purpose of voting and can no longer be used as a polling site; WHEREAS, by Resolution dated April 5, 2011, the Roanoke City Electoral Board has recommended the permanent relocation of the polling place for the Tinker Precinct, to East Gate Church of the Nazarene Worship Center, 2002 East Gate Avenue, N. E., Roanoke, Virginia, such polling place being located within such precinct as required by §24.2 -310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Tinker Precinct No. 009, 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 -28. Same - Voting place. The voting place in Tinker Precinct shall be East Gate Church of the Nazarene Worship Center, 2002 East Gate Avenue, N. E. 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 Tinker Precinct, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice for preclearance. J 1 we 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 David A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39162-071811. AN ORDINANCE amending and reordaining Sec. 10 -38, Same -- Voting place, Code of the City of Roanoke (1979), as amended, to provide for the permanent relocation of the polling location for the Williamson Road Precinct No. 5; and dispensing with the second reading by title of this ordinance. WHEREAS, Huff Lane Intermediate School, 4412 Huff Lane, N. W., is the regular polling place for the Williamson Road Precinct No. 5; WHEREAS, the facility within which the polling place is located has been closed, and the City of Roanoke is seeking proposals for purchase and /or development of the property, therefore, the location can no longer be used as a polling site; .WHEREAS, by Resolution dated April 5, 2011, the Roanoke City Electoral Board has recommended the permanent relocation of the polling place for the Williamson Road Precinct No. 5, to Veterans of Foreign Wars — VFW Post #1264, 4930 Grandview Avenue, N. W., Roanoke, Virginia, such polling place being located within such precinct as required by §24.2 -310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Williamson Road Precinct No. 5, 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 50 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 -38. Same - Voting place. The voting place in Williamson Road Precinct No. 5 shall be Veterans of Foreign Wars — VFW Post #1264, 4930 Grandview Avenue, N. W. 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 Williamson Road Precinct No. 014, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice for preclearance. 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: 6-41� onathan E. r David A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39163-071811. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 C mqllii -0 The voting place in Williamson Road Precinct No. 5 shall be Veterans of Foreign Wars — VFW Post #1264, 4930 Grandview Avenue, N. W. 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 Williamson Road Precinct No. 014, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice for preclearance. 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: 6-41� onathan E. r David A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39163-071811. 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. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 C 1 1 1 51 1. The City of Roanoke does hereby accept from the Virginia Department 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 $3,882.00, for a total amount of $52,630.00, for the term beginning July 1, 2011 through June 30, 2012, to be used for an Intensive Supervision Juvenile Probation Program. Such grant is more particularly described in the report of the City Manager to Council dated July 18, 2011. 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 as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Jonathan E. Craft Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39164-071811. 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 52 Appropriations Regular Wages Retirement FICA Health Insurance Dental Insurance Life Insurance Disability Insurance Cellular Telephone Administrative Supplies Local Mileage Revenues Intensive Supervision Grant FY12 -State Intensive Supervision Grant FY12 -Local 35- 630 - 4998 -1002 $ 36,030.00 35- 630 - 4998 -1105 6,499.00 35- 630 - 4998 -1120 2,756.00 35- 630 - 4998 -1125 5,040.00 35- 630 - 4998 -1126 312.00 35- 630 - 4998 -1130 296.00 35- 630 - 4998 -1131 101.00 35- 630 - 4998 -2021 600.00 35- 630 - 4998 -2030 446.00 35- 630 - 4998 -2046 550.00 35- 630 - 4998 -4998 48,748.00 35- 630 - 4998 -4999 3,882.00 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. Craft David A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39165- 071811. AN ORDINANCE to de- appropriate funding from the Signal and ITS Improvement project, 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: 1 1 1 1 1 53 Appropriations Appropriated from State Grant Funds 08- 530 - 9833 -9007 $ (69,437.00) Revenues VDOT — Signal & ITS Improvements 08- 530 - 9833 -9915 (69,437.00) 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: G Jonathan E. Craft David A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39166- 071811. A RESOLUTION confirming the City of Roanoke's irrevocable election not to participate in the Commonwealth of Virginia's Line of Duty Act Fund. WHEREAS, pursuant to Item 258 of the Appropriations Act, paragraph B, the Virginia General Assembly has established the Line of Duty Act Fund (the "Fund ") for the payment of benefits prescribed by and administered under the Line of Duty Act (Va. Code § 9.1 -400 et seq.); WHEREAS, for purposes of administration of the Fund, a political subdivision with covered employees may make an irrevocable election on or before July 1, 2012, to be deemed a nonparticipating employer fully responsible for self- funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds; and WHEREAS, it is the intent of the City of Roanoke to make this irrevocable election to be a nonparticipating employer with respect to the Fund; 54 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby elects to be deemed a non - participating employer fully responsible for self- funding all benefits relating to its past and present covered employees under the Line of Duty Act from its own funds. 2. Qualified employees of the City's Fire /EMS Department, Police Department, and the Sheriff's Department, to the best of the knowledge of the City, constitute the population of its past and present covered employees under the Line of Duty Act. 3. As a non - participating employer, the City of Roanoke agrees that it will be responsible for, and reimburse the State Comptroller for, all Line of Duty Act benefit payments (relating to existing, pending or prospective claims) approved and made by the State Comptroller on behalf of the City on or after July 1, 2010. 4. As a non - participating employer, the City of Roanoke agrees that it will reimburse the State Comptroller an amount representing reasonable costs incurred and associated, directly and indirectly, with the administration, management and investment of the Fund. 5. The City of Roanoke shall reimburse the State Comptroller on no more than a monthly basis from documentation provided to it from the State Comptroller. 6. The City Clerk is directed to send attested copies of this Resolution to Susan M. Keith, Employer Representative Program Manager, Virginia Retirement System, P. O. Box 2500, Richmond, Virginia 23219, with copies to the City Manager and Director of Finance. APPROVED ATTEST: Jonathan E. Craft Deputy City Clerk David . owers Mayor 1 55 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of July, 2011. No. 39169-071811. A RESOLUTION memorializing the late Sabra Ann Bonds Bratton, beloved employee of the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Sabra Bratton on Saturday, July 2, 2011; WHEREAS, Ms. Bratton was born September 21, 1952, grew up in Roanoke and attended Roanoke City Public Schools, and graduated from Lucy Addison High School; WHEREAS, Ms. Bratton had a 39 -year career with the City's Department of Human and Social Services that spanned four mayors and five city managers; WHEREAS, Ms. Bratton began as a case worker aide in June of 1972 and worked her way up through several positions in the human services area, including food stamp authorization case worker, senior eligibility worker, and eventually eligibility supervisor in 1994, which remained her role until this year; WHEREAS, Ms. Bratton was a guiding influence and enthusiastic advocate for many in her department (and even beyond), being the first to encourage praise for her employees' accomplishments, while never seeking it for herself, nurturing her employees' talents, and even when there was conflict always focusing on what was best for the department; WHEREAS, Ms. Bratton was also the official party planner for the social services department, treating every retirement celebration, wedding reception, employee appreciation day, or other noteworthy occasion as if it were for her own family; WHEREAS, Ms. Bratton's co- workers speak virtually with one voice about her honesty, integrity, dignity, intelligence, supportiveness, fairness, diligence, leadership, and compassion; WHEREAS, Ms. Bratton would regularly go above and beyond the call of duty in service to the people of Roanoke, whether working overtime to ensure that her department had implemented a new state procedure by the deadline, or staying after hours in order to meet with a client whose family might go hungry if she didn't; WHEREAS, Ms. Bratton's frank recollections of her personal experiences as a child of the Civil Rights Era helped raise awareness among those who knew her about the social conditions for African Americans in the Commonwealth; we,j WHEREAS, Ms. Bratton was a member of Greater Mount Zion Baptist Church, but also felt called to assist smaller church organizations, to aid new ministries and build worship centers throughout the City, all with the goal of helping the less fortunate; WHEREAS, Ms. Bratton would also volunteer her time when other community needs arose, as evidenced by her assistance in helping the Red Cross set up a well - functioning flood shelter operation at the Roanoke Civic Center and working with displaced citizens throughout the night; WHEREAS, for all the time and energy she gave to others, Ms. Bratton was utterly devoted to her sons K.C. and Duke, who join with many extended family members in cherishing her memory; and WHEREAS, Ms. Bratton, whose lifelong calling to serve others earned her the nickname "Sister Sabra," will be deeply missed not just by her relatives, but her co- workers at the City, her loving friends, her church family, and the countless citizens in need whose lives she touched. 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 Sabra Ann Bonds Bratton, and extends to her family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Bratton's sons, Kelvin Curtis "K.C." Bratton of Roanoke, Virginia, and Lloyd Daniel "Duke" Bratton, of Acworth, Georgia. APPROVED X onaan E. Craft Deputy City Clerk David A. Bowers Mayor 1 1 57 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1St day of August, 2011. No. 39167-080111. AN ORDINANCE to appropriate funding from the Federal government and State government for various educational programs, amending and reordaining certain sections of the 2010 -2011 School Grant Fund Appropriations. 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 Testing Fees Math Specialist, Garden City Math Specialist, Fishburn Park Math Specialist, Monterey Elem. Social Security Social Security Social Security Other Professional Instructional Assistants /Aides Instructional Assistants/Aides Instructional Assistants /Aides Instructional Assistants /Aides Clerical Revenues State Grant Receipts State Grant Receipts Federal Grant Receipts Federal Grant Receipts ATTEST: *ut �Ak) Y�) b^p Stephanie M. Moon, MMC City Clerk 302 - 170 - 3000 - 1160 -306F- 68100 - 48210 -3 -03 $13,221.00 302 - 170 - 3000 - 1160 -315F- 61100 - 45584 -9 -00 8,065.00 302 - 110- 1305- 0300 -171 F- 61100 - 41125 -2 -01 27,868.00 302 - 110- 1305 - 0380 -171 F- 61100- 41125 -2 -01 27,868.00 302 - 110- 1305 - 0370 -171 F- 61100- 41125 -2 -01 27,868.00 302 - 110- 1305- 0300 -171 F- 61100- 45551 -2 -01 2,132.00 302 - 110- 1305- 0380 -171 F- 61100- 45554 -2 -01 2,132.00 302 -110- 1305- 0370 -171 F- 61100- 45554 -2 -01 2,132.00 302 - 110- 0000 - 1000 -132D- 61100- 41138 -2 -01 5,356.00 302 - 110- 0000 - 0050 -132D- 61100- 41141 -2 -01 1,204.00 302 - 110- 0000 - 0300 -132D- 61100- 41141 -2 -01 1,203.00 302 - 190- 0000 - 0340 -132D- 61100- 41141 -2 -01 1,200.00 302 -110- 0000 - 0330 -132D- 31100- 41141, -2 -01 1,781.00 302 - 110- 0000 - 1000 -132D- 61100- 41151 -2 -01 2,718.00 302 - 000 - 0000 - 0000 -306F- 00000 - 32252 -0 -00 $13,221.00 302 - 000 - 0000 - 0000 -315F- 00000 - 32349 -0 -00 8,065.00 302 - 000 - 0000 - 0000 -171 F- 00000 - 38076 -0 -00 90,000.00 302-000-0000-0000-132D-00000-3801 0-0-00 13, 462.00 APPROVED David A. Bowers Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1St day of August, 2011. No. 39168-080111. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve and to transfer funding from various School Capital Project accounts to the Preston Park Gymnasium and Patrick Henry Baseball Facility projects, amending and reordaining certain sections of the 2011 -2012 School Capital Projects Fund Appropriations. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 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 31- 065 - 6066 -9003 $ (91,878.00) Appropriated from 2002 Bond Funds 31- 065 - 6072 -9076 (40,659.00) Appropriated from 2002 Bond Funds 31- 065 - 6073 -9076 (2,176.00) Appropriated from General Revenue 31- 065 - 6089 -9003 (409,970.00) Appropriated from 2010 Bond Funds 31- 065 - 6089 -9302 (126,122.00) Appropriated from General Revenue 31- 065 - 6097 -9003 731,043.00 Appropriated from 2002 Bond Funds 31- 065 - 6097 -9076 42,835.00 Appropriated from 2010 Bond Funds 31- 065 - 6097 -9302 126,122.00 Appropriated from General Revenue 31- 065 - 6098 -9003 200,000.00 Fund Balance Economic & Community Development 31 -3375 (429,195.00) Reserve —Un- appropriated APPROVED ATTEST: Otiv Stephanie M. Moon, MMC City Clerk CD David A. Bowers Mayor F, 1 59 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1St day of August, 2011. No. 39170- 080111. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Kuumba Community Health & Wellness Center, Inc., d /b /a New Horizons Healthcare an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date. WHEREAS, Kuumba Community Health & Wellness Center, Inc., d /b /a New Horizons Healthcare, (hereinafter "the Applicant "), has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on July 18, 2011; 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; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation is certain personal property, including machinery, tools, and equipment, which shall be used by the Applicant exclusively for charitable purposes on a non - profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Kuumba Community Health & Wellness Center, Inc., d /b /a New Horizons Healthcare, as a charitable organization within the context of Section 6(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation certain personal property, machinery, tools, and equipment, owned by the Applicant, which property is used exclusively for charitable purposes on a non - profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated in its application. IJ AL 001% 2. This Ordinance shall be in full force and effect on January 1, 2012. 3. The City Clerk is directed to forward an attested copy of this Ordinance to the Commissioner of the Revenue, the City Treasurer, and to Eileen G. Lepro, Executive Director of Kuumba Community Health & Wellness Center, Inc., d /b /a New Horizons Healthcare. APPROVED ATTEST: 44"" rn-. Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1St day of August, 2011. No. 39171-080111. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right -of -way in the City of Roanoke, as more particularly described hereinafter. WHEREAS, Earl Slusser 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 §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on July 18, 2011, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 1 1 61 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 33' wide, 127' long portion of unimproved right -of -way on Wilson Street, adjoining 1201 Penrod Avenue, S. E., bearing Official Tax No. 4131001 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. 1 62 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. APPROVED ATTEST: A4k--�Y-r) • O� Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of August, 2011. No. 39172-080111. 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. WHEREAS, Terry Wayne Cundiff and Valerie S. Eagle and Piedmont Property, LLC, have made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 445 Elm Ave., S. W. and 435 Elm Ave., S. W., bearing Official Tax Map Nos. 1020113 and 1020114, rezoned from RM -1 Residential Mixed Density District, to CN, Commercial- Neighborhood District. fl 1 1 M • 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 July 18, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 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 Nos. 1020113 and 1020114, located at 445 Elm Ave., S. W. and 435 Elm Ave., S. W., be and is hereby rezoned from RM -1 Residential Mixed Density District, to CN, Commercial- Neighborhood District, as set forth in the Zoning Amendment Application dated April 18, 2011. i U •] VA La !1 ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor M A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of August, 2011. No. 39173-080111. AN ORDINANCE authorizing the conveyance of a fifteen -foot wide above ground utility easement across City -owned property located in the Roanoke Centre for Industry and Technology (RCIT), designated as Tax Map No. 7230108, to Appalachian Power Company, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to this matter was held by Council on August 1, 2011. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a fifteen -foot wide above ground utility easement across City -owned property located in the Roanoke Centre for Industry and Technology, designated as Tax Map No. 7230108, to Appalachian Power Company, to install support structures, and related cables /wires, in order to transmit electric power to serve an adjoining privately owned parcel of real estate designated as Tax Map No. 7250101, all as more particularly set forth in the City Manager's letter to Council dated August 1, 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 by title of this ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk <�:) �T,� David A. Bowers Mayor 1 C 1 W • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1St day of August, 2011. No. 39174- 080111. 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 41 new mobile computer mounts to be deployed in police vehicles. Such grant is more particularly described in the report of the City Manager to Council, dated August 1, 2011. 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 as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1St day of August, 2011. No. 39175-080111. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia Department of Criminal Justice Services (DCJS) for the Byrne Memorial Information Technology Improvement Grant Program, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment ( <$5,000.00) 35- 640 - 3599 -2035 $41,218.00 Revenues Inform Tech Improve FY12 — State 35- 640 - 3599 -3599 30,913.00 Inform Tech Improve FY12 — Local Match 35- 640 - 3599 -3600 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: tqLu�otn- O Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 st day of August, 2011. No. 39176-080111. AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Coca -Cola Bottling Company Consolidated Operations LLC, for participation in the "Recycle and Win!" program, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an Agreement with Coca -Cola Bottling Company Consolidated Operations LLC, for participation in the "Recycle and Win!" program, all as more particularly set forth in the City Manager's report to Council dated August 1, 2011. 1 1 1 1 1 J Me 2. The City Manager is authorized to execute such other documents and to take such further action as may be necessary to implement, support, and enforce the Agreement. 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: Ir- 404r—� 01n) Stephanie M. Moon, MMC City Clerk -Q David A. Bowers Mayor 68 ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39177- 081511. 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 $117,419.00 for Fiscal Year 2011 -2012, such grant being more particularly described in the letter of the City Manager to Council dated August 15, 2011. 2. The local cash match for Fiscal Year 2011 -2012 shall be in the amount of $29,386.00. 3. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting 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. ATTEST: Stephanie M. Moon, MMC City Clerk APPROVED David B. Trinkle Vice -Mayor 1 • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39178- 081511. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 150 - 4552 -1002 $98,284.00 City Retirement 35- 150 -4552 -1105 11,006.00 ICMA Retirement 35- 150 - 4552 -1115 3,355.00 FICA 35- 150- 4552 -1120 7,775.00 Medical Insurance 35- 150- 4552 -1125 16,254.00 Dental Insurance 35- 150 - 4552 -1126 1,044.00 Life Insurance 35- 150 - 4552 -1130 275.00 Disability Insurance 35- 150 - 4552 -1131 333.00 Telephone 35 -150- 4552 -2020 884.00 Administrative Supplies 35- 150 - 4552 -2030 3,995.00 Dues and Memberships 35- 150 - 4552 -2042 75.00 Training and Development 35- 150 - 4552 -2044 1,425.00 Postage 35- 150- 4552 -2160 2,100.00 Revenues Victim Witness FY12 -State 35- 150 - 4552 -4552 117,419.00 Victim Witness FY12 -Local Match 35- 150 - 4552 -4553 29,386.00 70 Pursuant 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 Stephanie M. Moon, MMC David B. Trinkle City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39179- 081511. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of Roanoke 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 $65,000.00, with a local match from the City of $32,500.00, to be provided by Family Service of Roanoke Valley, making a total award of $97,500.00, for the term beginning July 1, 2011 through June 30, 2012, to be expended on the City of Roanoke's Positive Action program, 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 report of the City Manager to Council, dated August 15, 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, and to execute a contract with Family Service of Roanoke Valley to implement the program. All such documents shall be approved as to form by the City Attorney. ' 71 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: 141" - �-n. n�.,j Stephanie M. Moon, MMC City Clerk David B. Trinkle Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39180-081511. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Justice and Delinquency Positive Action Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 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 - 5024 -2010 $65,000.00 Revenues Positive Action Grant FY12 35- 630 - 5024 -5024 65,000.00 ICJ 72 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: &A., �_ b-). ca"i Stephanie M. Moon, MMC City Clerk APPROVED f A;David B. Trinkle Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39181- 081511. AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to the City's contract with D. E. Eakin & Sons, Inc., for an increase in the not -to- exceed contract amount to perform lead hazard control activities within the City of Roanoke, and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 2 to the City's contract with D. E. Eakin & Sons, Inc., for an increase in the not -to- exceed contract amount to perform lead hazard control activities within the City of Roanoke on behalf of the Lead Safe Roanoke Program administered by the Department of Planning, Building and Development, and Office of Neighborhood Services, all of which is more fully set forth in the City Manager's report to this Council dated August 15, 2011. 2. The form of such Amendment No. 2 shall be approved as to form by the City Attorney. 3. Such Amendment No. 2 will provide for an increase in the contract amount by $25,000.00, so that such not -to- exceed contract amount may be increased to a total of $275,000.00. F-j, i 73 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: � • D i�J Stephanie M. Moon, MMC City Clerk David B. Trinkle Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39182-081511. AN ORDINANCE to appropriate supplemental funding from the Local Match Funding for Grants account (within the Grant Fund) to the CY11 VSTOP and CY11 Domestic Violence Victim grants, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations VSTOP- Regular Employee Wages VSTOP -FICA DVV- Regular Employee Wages DVV- Retirement DVV -FICA DVV - Medical Insurance DVD- Dental Insurance DVV -Life Insurance Revenues Police VSTOP CY11 -Local Police DVV CY11 -Local 35- 640 - 3316 -1002 $1,000.00 35- 640 - 3316 -1120 77.00 35- 640 - 3355 -1002 3,574.00 35- 640 - 3355 -1105 3,096.00 35- 640 - 3355 -1120 77.00 35- 640 - 3355 -1125 2,520.00 35- 640 - 3355 -1126 149.00 35- 640 - 3355 -1130 48.00 35- 640 - 3316 -3317 1,077.00 35- 640 - 3355 -3356 9,464.00 74 Pursuant 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, MMC City Clerk David B. Tr Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39183- 081511. inkle AN ORDINANCE to transfer funding from various capital projects to the Bridge Maintenance project, Neighborhood Storm Drain project, and the Capital Improvement Reserve, 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 Appropriated from General Revenue Appropriated from General Revenue Buildings & Structures Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue 08- 530 - 9511 -9003 08- 530 - 9519 -9003 08- 530 - 9552 -9003 08- 530 - 9575 -9003 08- 530 - 9575 -9173 08- 530 - 9681 -9003 08- 530 - 9704 -9003 08- 530 - 9718 -9003 08- 530 - 9734 -9003 08- 530 - 9823 -9003 08- 530 - 9840 -9003 $(104,959.00) (31,988.00) 136,947.00 18,250.00 27,055.00 (5,186.00) (33,919.00) (18,250.00) 50,126.00 (21,869.00) (16,207.00) 1 1 1 75 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39184- 081511. AN ORDINANCE to appropriate funding from the Federal government and State government for various educational programs, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplemental Pay- Forest 302-110-0000-1304-309F-61100-41129-3-01 $14,594.00 Park Supplemental Pay - William Fleming GED Examiner Social Security GED Testing Materials Office Supplies GED Teacher /Examiner GED Counselor Clerical Social Security Outreach /Advertising GED Testing Fees 302-110-0000-0400-309F-61100-41129-3-01 302-160-0000-1305-354F-61100-41121-9-07 302 - 160- 0000 - 1305 -354F- 61100- 42201 -9 -07 302-160-0000-1305-354F-61100-45584-9-07 302 - 160- 0000 - 1305 -354F- 61100- 46601 -9 -07 302-160-0000-1305-355F-61100-41121-9-07 302-160-0000-1305-355F-61100-41123-9-07 302-160-0000-1305-355F-61100-41151-9-07 302 - 160- 0000 - 1305 -355F- 61100- 42201 -9 -07 302 - 160 - 0000 - 1305 -355F- 61100- 43361 -9 -07 302-160-0000-1305-355F-61100-43313-9-07 14,595.00 7,200.00 551.00 2,030.00 219.00 15,188.00 4,350.00 4,000.00 1,800.00 10,000.00 3,600.00 76 Testing Materials 302 - 160 - 0000 - 1305 -355F- 61100 - 45584 -9 -07 2,030.00 Mileage 302 -160- 0000 - 1305 -355F- 61100- 45551 -9 -07 250.00 Postage 302 - 160- 0000 - 1305 -355F- 61100- 45521 -9 -07 250.00 Office Supplies 302 - 160- 0000 - 1305 -355F- 61100- 46601 -9 -07 250.00 Contracted Services 302 - 110- 1102- 0280 -741 F- 61100- 43313 -3 -05 2,500.00 Revenues State Grant Receipts 302 - 000 - 0000 - 0000 -309F- 00000 - 32418 -0 -00 29,189.00 State Grant Receipts 302 - 000 - 0000 - 0000 -354F- 00000 - 32460 -0 -00 10,000.00 State Grant Receipts 302 - 000 - 0000 - 0000 -355F- 00000 - 32298 -0 -00 41,718.00 State Grant Receipts 302 - 000 - 0000 - 0000 -741 F- 00000 - 33808 -0 -00 2,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: J tn . r1 ar'3-� Stephanie M. Moon, MMC City Clerk 0 0 David B. Trinkle Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39185- 081511. 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: 1 1 1 1 J 1 77 Appropriations Academic 303 - 110- 0000 - 0350 -157S- 61100- 41124 -2 -01 97,331.00 Coaches /Content Spec. Retiree Health Credit 303 - 110- 0000 - 0350 -157S- 61100- 42200 -2 -01 1,012.00 Social Security 303 - 110 - 0000 - 0350 -157S- 61100 - 42201 -2 -01 7,446.00 Virginia Retirement 303 - 110 - 0000 - 0350 -157S- 61100 - 42202 -2 -01 13,442.00 System Group Life Insurance 303 - 110 - 0000 - 0350 -157S- 61100 - 42205 -2 -01 769.00 Revenues Federal Grant 303 - 000 - 0000 - 0000 -157S- 00000 - 38388 -0 -00 120,000.00 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: M 00"1 Stephanie M. Moon, MMC City Clerk Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39186- 081511. 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, 611 Jefferson, LLC, 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; 7s ' WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on August 15, 2011, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such 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 on the south side of 601 Jefferson Street, S. W., bearing Official Tax No. 1013307 and the north side of 611 Jefferson Street, S. W., bearing Official Tax No. 1013313 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. 79 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 Thirteen Thousand Seven Hundred Eighty Seven and 62/100 Dollars ($13,787.62) as consideration pursuant to §15.2 -2008, Code of Virginia (1950), as amended, for the vacated right -of -way. BE IT FURTHER ORDAINED that the applicant shall, upon 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 §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: � �6 o /,f ;100 Stephanie M. Moon MM C David B. Trinkle City Clerk Vice -Mayor 80 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39187-081511. 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, Dou Mar, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 4341 Delray Street, N. W., bearing Official Tax No. 2280308, rezoned from RM -1, Residential Mixed Density District to MX, Mixed -Use District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (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 15, 2011, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 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. 2280308, located at 4341 Delray Street, N. W., be and is hereby rezoned from RM -1, Residential Mixed Density District to MX, Mixed -Use District, as set forth in the Zoning Amended Application No. 2 dated July 20, 2011. 81 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: A;tf kl-)- I_Y� J Stephanie M. Moon, MMC City Clerk uavia b. i rinKie Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39188- 081511. A RESOLUTION authorizing the issuance of not to exceed seven million dollars ($7,000,000.00) 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, 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 not to exceed $7,000,000.00 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of 82 ' 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: 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 the City set forth in Section 7, the City is authorized to contract a debt and to issue not to exceed $7,000,000.00 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds "). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 each or any whole multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section 1(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. 1 83 (c) The Bonds (or portions thereof in installments of $5,000.00) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) So long as the Bonds are in book -entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ( "DTC "), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. 1 84 ' SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a)The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (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. ' 85 (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a)The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. The principal of the Bonds shall be payable upon presentation and surrender hereof at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. 1 86 ' (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. 1 ' 87 SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds .in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6. The City covenants and agrees that it shall comply with the provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated under such Sections 103 and 141 -150 so long as any such Bonds are outstanding. SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $7,000,000 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 Amount Bridge Renovations $1,030,000.00 Public Parks 1,500,000.00 Storm Drain Renovations 1,120,000.00 Civic Center Improvements 750,000.00 School Facilities Maintenance and Improvements 1,900,000.00 Total $6,300,000.00 88 , 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. (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 %). 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 %). 1 89 (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 %). 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. (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 ". 90 ' (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 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; 91 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. 1 92 EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED REGISTERED No. R -_ $ MATURITY INTEREST DATE: RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City "), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date "), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book -entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall ' 93 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. The Bonds of the issue of which this Bond is one maturing on _, are subject to mandatory sinking fund redemption on _, and on _ of each year thereafter and to payment at maturity on in the principal amounts in each year set forth below, in the case of redemption with the particular Bond or Bonds maturing on or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds maturing on _, to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year ' Principal Amount 1 94 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. 1 95 The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia. 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. [SEAL] Attest: City Clerk CITY OF ROANOKE, VIRGINIA CERTIFICATE OF AUTHENTICATION Mayor This Bond is one of the Bonds delivered pursuant to the within - mentioned proceedings. [ ], as Registrar By: Authorized Signatory Date of Authentication: 96 ' 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 (Signature of Registered Owner) guaranteed by a member firm of The NOTICE: The signature above must New York Stock Exchange, Inc. or a correspond with the name of the commercial bank or trust company. Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: 14" Y-n OcM.� Stephanie M. Moon, MMC City Clerk Ll 1 97 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39189- 081511. AN ORDINANCE to appropriate funding to be provided by the Series 2012 Bonds to the Civic Center HVAC Improvements, Old Mountain Road Bridge Renovation, 9th Street Bridge, Neighborhood Storm Drain, Countryside Master Plan, Highland Park HVAC and Grandin Court Plumbing projects, amending and reordaining certain sections of the 2011 -2012 Civic Facilities, Capital Projects and School Capital Projects Funds, and dispensing with the 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 Civic Facilities, Capital Projects and School Capital Projects Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2012 Bond Funds 05- 550 - 8622 -9338 $750,000.00 Civic Center HVAC Improvements 05- 550 - 9956 -9334 (750,000.00) Capital Proiects Fund Appropriations Appropriated from 2012 Bond Funds 08- 530 - 9525 -9338 530,000.00 Old Mountain Road Bridge 08- 530 - 9529 -9338 (500,000.00) Renovation Appropriated from 2012 Bond Funds 08- 530 - 9529 -9338 500,000.00 9t Street SE over Roanoke River 08- 530 - 9530 -9326 (530,000.00) Bridge Neighborhood Storm Drain Projects 08- 530 - 9530 -9337 (1,120,000.00) Appropriated from 2012 Bond Funds 08- 530 - 9734 -9338 1,120,000.00 Countryside Master Plan 08- 620- 9210 -9335 (1,500,000.00) Appropriated from 2012 Bond Funds 08- 620- 9119 -9338 1,500,000.00 School Capital Projects Fund Appropriations Highland Park HVAC 31- 060 - 9713 -9205 (1,500,000.00) Grandin Court Plumbing 31- 060 -9713 -9206 ( 400,000.00) Appropriated from 2012 Bond Funds 31- 065 - 6056 -9338 1,500,000.00, Appropriated from 2012 Bond Funds 31- 065 - 6057 -9338 400,000.00 98 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: # j ��- � � . r, �,, , J Stephanie M. Moon, MMC City Clerk David B. Trinkle Vice -Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of August, 2011. No. 39190-081511. AN ORDINANCE approving the Arts and Cultural Plan dated July 21, 2011, as amended at the Planning Commission public hearing held on July 21, 2011, and amending Vision 2001 -2020, the City's Comprehensive Plan, to incorporate such Plan as an element of the Comprehensive Plan; and dispensing with the second reading by title of this ordinance. WHEREAS, on July 21, 2011, the Arts and Cultural Plan dated July 21, 2011 (the "Plan "), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended adoption of the Plan and amending Vision 2001 -2020, the City's Comprehensive Plan, to incorporate such Plan as an element of the Comprehensive Plan; and WHEREAS, in accordance with the provisions of §15.2 -2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on August 15, 2011, on the proposed Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 1 1 • • MILWA THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Arts and Cultural Plan dated July 21, 2011, as amended at the Planning Commission public hearing held on July 21, 2011, and amends Vision 2001 -2020, the City's Comprehensive Plan, to include such Arts and Cultural Plan as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST:. Stephanie M. Moon, MMC ODavid B. Trinkle City Clerk Vice -Mayor irere IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2011. No. 39191-090611. 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 $96,944.00 from the Compensation Board of the Commonwealth of Virginia through June 30, 2012, with a local match for Fiscal Year 2011 -2012 of $30,535.00, as more particularly described in the report of the City Manager to Council, dated September 6, 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 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: bar Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 7 L 1 1 1 101 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2011. No. 39192- 090611. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 150 - 4504 -1002 $ 84,796.00 City Retirement 35- 150 - 4504 -1105 15,297.00 FICA 35- 150 - 4504 -1120 6,487.00 Medical Insurance 35- 150- 4504 -1125 10,680.00 Dental Insurance 35- 150 - 4504 -1126 696.00 Life Insurance 35 -150- 4504 -1130 237.00 Disability Insurance 35- 150 - 4504 -1131 286.00 Other Rental 35- 150 - 4504 -3075 9,000.00 Revenues Regional Drug Prosecutor FY12 -Comp 35- 150 - 4504 -4504 96,944.00 Board Regional Drug Prosecutor FY12 -Local 35 -150- 4504 -4505 30,535.00 Match Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: � • Ot Stephanie M. Moon, MMC City Clerk APPROVED David A. Bowers Mayor 102 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2011. No. 39193- 090611. A RESOLUTION supporting the National Moment of Remembrance of the 10th Anniversary of September 11th , WHEREAS, the City Council of the City of Roanoke supports the United States Senate's declaration of a National Moment of Remembrance beginning at 1:00 p.m. Eastern Daylight Time on September 11, 2011, in honor of the 10th anniversary of the terrorist attacks committed against the United States on September 11, 2001; WHEREAS, at 8:46 a.m., on September 11, 2001, hijacked American Airlines Flight 11 crashed into the upper portion of the North Tower of the World Trade Center in New York City, New York; WHEREAS, 17 minutes later, at 9:03 a.m., hijacked United Airlines Flight 175 crashed into the South Tower of the World Trade Center; WHEREAS, at 9:37 a.m., the west wall of the Pentagon was hit by hijacked American Airlines Flight 77, the impact of which caused immediate and catastrophic damage to the headquarters of the Department of Defense; WHEREAS, at approximately 10:00 a.m., the passengers and crew of hijacked United Airlines Flight 93 acted heroically to retake control of the airplane and thwart the taking of additional American lives by crashing the airliner in Shanksville, Pennsylvania, and, in doing so, gave their lives to save countless others; WHEREAS, nearly 3,000 innocent civilians were killed in the heinous attacks of September 11, 2001; WHEREAS, tens of thousands of individuals narrowly escaped the attacks at the Pentagon and World Trade Center and, as witnesses to this tragedy, are forever changed; WHEREAS, countless fire departments, police departments, first responders, governmental officials, workers, emergency medical personnel, and volunteers, including some from Roanoke, responded immediately and heroically to those horrific events; 1 103 WHEREAS, the Fire Department of New York suffered 343 fatalities on September 11, 2001, the largest loss of life of any emergency response agency in United States history; WHEREAS, the Port Authority Police Department suffered 37 fatalities in the attacks, the largest loss of life of any police force in United States history in a single day; WHEREAS, the New York Police Department suffered 23 fatalities as a result of the terrorist attacks; WHEREAS, the impact of that day on public health continues through 2011, as nearly 90,000 people are at risk of or suffering from negative health effects as a result of the events of September 11, 2001, including 14,000 workers and 2,400 community residents who are sick, and tens of thousands of others whose health is being monitored; WHEREAS, ten years later, the people of the United States and people around the world continue to mourn the tremendous loss of innocent life on that fateful day; WHEREAS, ten years later, thousands of men and women in the United States Armed Forces remain in harm's way defending the United States against those who seek to threaten our country; WHEREAS, on the 10th anniversary of this tragic day, the thoughts of the people of the United States are with all of the victims of the events of September 11, 2001, and their families; WHEREAS, the lives of Americans were changed forever on September 11, 2001, when events threatened the American way of life; WHEREAS, in 2009, Congress and the President joined together to designate September 11 as a National Day of Service and Remembrance under the Serve America Act (Public Law 111 -13; 123 Stat. 1460); WHEREAS, in September 2009 and 2010, President Obama issued Proclamation 8413 (74 Fed. Reg. 47045) and Proclamation 8559 (75 Fed. Reg. 56463) proclaiming September 11, 2009, and September 11, 2010, respectively, as Patriot Day and National Day of Service and Remembrance; and 1 104 ' WHEREAS, September 11 will never, and should never, be just another day in the hearts and minds of all people of the United States; NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that 1. Council recognizes September 11, 2011, as a day of solemn commemoration of the events of September 11, 2001, and a day to come together as a Nation. 2. Council offers its deepest and most sincere condolences to the families, friends, and loved ones of the innocent victims of the September 11, 2001, terrorist attacks. 3. Council honors the heroic service, actions, and sacrifices of first responders, law enforcement personnel, State and local officials, volunteers, and countless others, who aided the innocent victims of those attacks and, in doing so, bravely risked and often gave their own lives. 4. Council recognizes the valiant service, actions, and sacrifices of United States personnel, including members of the United States Armed Forces, the United States intelligence agencies, the United States diplomatic service, homeland security and law enforcement personnel, and their families, who have given so much, including their lives and well- being, to support the cause of freedom and defend the security of the United States. 5. On the 10th anniversary of this tragic day in United States history, City Council calls upon all of the people and institutions of the City to observe a moment of remembrance on September 11, 2011, to last for 1 minute beginning at 1:00 p.m. Eastern Daylight Time by, to the maximum extent practicable, ceasing all work or other activity; and marking the moment in an appropriate manner, including by ringing bells, blowing whistles, or sounding sirens. APPROVED ATTEST: Stephanie M. Moon, MMC S)DaviLdA?owwers City Clerk Mayor 1 105 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2011. No. 39194- 090611. A RESOLUTION in support of restoration of State Funding for Aid to Localities. WHEREAS, State financial assistance for mandated and high priority programs, including public education, health and human services, public safety and constitutional officers, is $800 million less in FY12 than in FY09; WHEREAS, cities and counties must balance their budgets during a time in which future state assistance is unreliable, federal stimulus dollars are dwindling, and real estate assessments are declining; WHEREAS, the Appropriation Act contains $60 million in across - the -board cuts to cities and counties for both FY11 and FY12, under which localities are required to either elect to take reductions in particular state aid programs, or to send the State a check for the amounts determined by the Department of Planning and Budget ( "Local Aid to the State "); WHEREAS, the reductions are applied to essential services, including law enforcement, jail administration, foster care and child protection services, election administration and social services; WHEREAS, the City of Roanoke does not have the authority to unilaterally decide to discontinue providing services such as election administration or to refuse to house and care for State prisoners in local and regional jails; WHEREAS, the State budget cuts are not accompanied by any reductions in state - imposed mandates, standards and service requirements, nor do they provide any administrative flexibility for local agencies; WHEREAS, the City of Roanoke remitted $1,458,982.00 in FY11 and will be required to remit another $1,497,985.00 in FY12; WHEREAS, cities and counties will have provided the State with $220 million by the close of FY12 for this "Local Aid to the State" program; WHEREAS, these reductions shift State costs to local taxpayers and artificially increases the amount of state surplus revenue; 106 ' WHEREAS, State revenues have begun to recover and the State is expecting to have a revenue surplus for the second year in a row; WHEREAS, revenue collections for the City of Roanoke continue to reflect the struggling housing market; and WHEREAS, the State should not shift its share of the costs for mandates and responsibilities to local governments; NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City asks Governor Bob McDonnell to submit a budget amendment to the 2012 session of the General Assembly to reverse the $60 million -a -year reduction for the current year, FY12, and to eliminate the aid to localities reduction in the budget submitted for FY13 and FY14. 2. The members of the General Assembly are requested to support a budget amendment to the 2012 session of the General Assembly to reverse the $60 million -a- year reduction for the current year, FY12, and to eliminate the aid to localities reduction in the budget submitted for FY13 and FY14. 3. The City Clerk is directed to send attested copies of this Resolution to the Governor and to the members of the General Assembly APPROVED ATTEST: S ephanie M. Moon, MMC �Davi FAowers�� City Clerk Mayor 1 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, 107 The 6t" day of September, 2011. No. 39195- 090611. A RESOLUTION requesting that the National Park Service amend its proposed Roanoke Valley /Blue Ridge Parkway Trail Plan Environmental Assessment to address concerns of the City of Roanoke. WHEREAS, the National Park Service has promulgated a proposed Roanoke Valley /Blue Ridge Parkway Trail Plan Environmental Assessment ( "Assessment ") and is accepting public comment on it until September 12, 2011; WHEREAS, the proposed Assessment eliminates provisions contained in earlier drafts calling (i) for the extension of the Roanoke River Greenway to Explore Park, (ii) for opening the Chestnut Ridge Loop Trail as a multi -use trail for hikers, equestrians, and mountain bikers on a one -year trial basis, and (iii) keeping open certain existing "social trails" along the Parkway to facilitate public access to the Parkway; WHEREAS, extension of the Roanoke River Greenway to Explore Park is a critical element of the region's greenway plan; WHEREAS, opening the Chestnut Ridge Loop Trail as a multi -use trail for hikers, equestrians, and mountain bikers on a one -year trial basis, as requested by the City previously, will permit the feasibility of opening such trail to multi -use at all times to be evaluated; and WHEREAS, closing of all of the approximately forty existing and unobtrusive "social trails" that provide access to the Parkway through the,Roanoke Valley for non - motorized users, without providing for reasonable and safe alternatives, will severely limit access to the Parkway for hikers, bicyclists, and equestrians. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council requests that the National Park Service amend its proposed Roanoke Valley /Blue Ridge Parkway Trail Plan Environmental Assessment to address the concerns of the City of Roanoke as set out in the City Manager's letter to Council dated September 6, 2011. 108 2. That the City Clerk is directed to send attested copies of this Resolution, and the City Manager's letter to Council of September 6, 2011, to the Honorable Bob Goodlatte and Philip Francis, Superintendent of the Blue Ridge Parkway, as well as forwarding copies to the Park Service to be included in the public comments on the Assessment. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2011. No. 39196- 090611. 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the FY 2011 Urban and Community Forestry Grants in the total amount of $24,820.00 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 September 6, 2011, to this Council. 1 ' 109 2. The City Manager is hereby authorized to execute 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 /s '1111 *19 o� adA. Stephanie M. Moon, MMC � Davi Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2011. No. 39197- 090611. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grants, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 620 - 4370 -1002 $8,789.00 City Retirement 35- 620 - 4370 -1105 1,586.00 FICA 35- 620 - 4370 -1120 672.00 Medical Insurance 35- 620 - 4370 -1125 1,260.00 Dental Insurance 35- 620 - 4370 -1126 78.00 Life Insurance 35- 620 - 4370 -1130 25.00 Regular Employee Salaries 35- 620 - 4371 -1002 8,789.00 City Retirement 35- 620 - 4371 -1105 1,586.00 FICA 35- 620 - 4371 -1120 672.00 Medical Insurance 35- 620 - 4371 -1125 1,260.00 Dental Insurance 35- 620 - 4371 -1126 78.00 110 Life Insurance 35- 620 - 4371 -1130 25.00 Revenues Urban & Community Forestry Grant FY12 #1 35- 620 - 4370 -4370 12,410.00 Urban & Community Forestry Grant FY12 #2 35- 620 - 4371 -4371 12,410.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: g4a'—)y-N� -Tr Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2011. No. 39198- 090611. A RESOLUTION accepting and expressing appreciation for the donation of $100,000.00 from Pathfinders for Greenways, Inc., and $25,000.00 from the Roanoke Valley Greenway Commission to support the development of the Roanoke River Greenway — Bridge Street to Salem connection. WHEREAS, the Roanoke River Greenway Trail has been developed for citizens and visitors and more than 6 miles of the total 10 miles of the trail has been completed; and WHEREAS, developing the remaining 2.6 miles of the trail to connect to Salem is expected to cost $6 -7 million, and continued support of the community will be required. 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 these funds to the City from Pathfinders for Greenways, Inc., and the Roanoke Valley Greenway Commission all as more particularly described in the letter of the City Manager, dated September 6, 2011. 1 1 1 111 2. The City Clerk is directed to forward an attested copy of this resolution to Pathfinders for Greenways, Inc., and the Roanoke Valley Greenway Commission. APPROVED ATTEST: • D Ori Stephanie M. Moon, MMC David �ABo=ers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of September, 2011. No. 39199- 090611. AN ORDINANCE to appropriate funding from the Pathfinders for Greenways, Inc. and from the Roanoke Valley Greenway Commission for the development of the Bridge Street to Salem section of the Roanoke River Greenway, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Professional Services- Pathfinders 35- 620 - 4364 -2010 $100,000.00 Professional Services- Commission 35- 620 - 4365 -2010 25,000.00 Revenues Pathfinders for Greenways FY12 35- 620 - 4364 -4364 100,000.00 R V Greenway Commission FY12 35- 620 - 4365 -4365 25,000.00 1 112 ' Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. J0Z 6WAA; ATTEST: Stephanie M. Moon, MMC avid . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t" day of September, 2011. No. 39200 - 090611. 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 2011 Annual Conference scheduled for October 2 - 4, 2011, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Sherman Lea is hereby designated Voting Delegate, and The Honorable Anita Price is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2011 Annual Conference, Christopher Morrill shall be designated Staff Assistant. Ll 113 3. The City Clerk is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to forward such forms to the League. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No 39201-091911. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $75,000.00 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 $75,000.00, with no local match from the City, to be used during the period of July 1, 2011, through December 31, 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 September 19, 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. 1 114 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: hn, U l a 'Q Stephanie M. Moon, MM c�,n1 QDavi5A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39202 - 091911. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY12 Regional Collaboration Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 633 - 2379 -1004 $ 27,731.00 City Retirement 35- 633 - 2379 -1105 5,003.00 FICA 35- 633 - 2379 -1120 2,121.00 Medical Insurance 35- 633 - 2379 -1125 4,256.00 Dental Insurance 35- 633 - 2379 -1126 250.00 Life Insurance - 35- 633 - 2379 -1130 83.00 Disability Insurance 35- 633 - 2379 -1131 92.00 Training and Development 35 -633- 2379 -2044 3,000.00 Business Meals and Travel 35- 633 - 2379 -2144 2,485.00 Other Rental 35- 633 - 2379 -3075 3,000.00 Marketing 35- 633 - 2379 -8053 18,700.00 Supplies 35- 633 - 2379 -8055 1,794.00 Contract Services 35- 633 - 2379 -8057 6,485.00 Revenues WIA Regional Collaboration FY12 35- 633 - 2379 -2379 75,000.00 ' 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: KA Stephanie M. Moon, MMC David owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39203- 091911. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of Roanoke 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 $55,968.00, with no local match from the City, for the term beginning July 1, 2011 through June 30, 2012, 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 report of the City Manager to Council, dated September 19, 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, and to execute a contract with Carilion Medical Center d /b /a Carilion Clinic to implement the program. All such documents shall be approved as to form by the City Attorney. 1 116 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: ko-y�1 ov,J Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39204-091911. 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 2011 -2012 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 2011 -2012 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 - 5017 -2010 $ 55,968.00 Revenues Project Back on Track Grant FY12 35- 630 - 5017 -5017 55,968.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon MMC David A. Bowers City Clerk Mayor 1 1 1 117 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39205 - 091911. A RESOLUTION authorizing acceptance of a FY 2011 Edward Byrne Memorial Justice Assistance Grant from the U.S. Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the U.S. Department of Justice, the FY 2011 Edward Byrne Memorial Justice Assistance Grant in the amount of $115,079.00, 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 September 19, 2011. 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 as may be required in connection with the City's acceptance of this grant. ATTEST: Stephanie M. Moon, MMC City Clerk APPROVED tD -Q David A. owers Mayor 118 , IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39206 - 091911. 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Sheriff - Expendable Equipment ( <$5,000.00) 35- 140 - 5907 -2035 $46,032.00 Police- Overtime 35- 640 - 3623 -1003 56,340.00 Police -FICA 35- 640 - 3623 -1120 4,310.00 Police- Expendable Equipment ( <$5,000.00) 35- 640 - 3623 -2035 8,397.00 Revenues Byrne /JAG Sheriff Technology Improve FY12 35- 140 - 5907 -5907 46,032.00 Byrne /JAG Police Bike Patrol FY12 35- 640 - 3623 -3623 69,047.00 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: k4L'-,'W. � Stephanie M. Moon, MMC Davi . Bowers City Clerk Mayor 1 119 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39207 - 091911. A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Grant to the City from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept from the Commonwealth of Virginia's Department of Motor Vehicles, the Department of Motor Vehicles Traffic Safety Grant in the amount of $50,152.00, to be used for traffic safety. The grant, which requires a $10,031.00 in -kind match by the City, as more particularly described in the report of the City Manager to Council, dated September 19, 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 by the Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance of this grant. ATTEST: Stephanie M. Moon, MMC City Clerk 1 APPROVED David A. Bowers ± Mayor 120 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39208 - 091911. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a traffic safety grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35- 640 - 3446 -1003 FICA 35- 640 - 3446 -1120 Expendable Equipment (under $5,000.00) 35- 640 - 3446 -2035 Training and Development 35- 640 - 3446 -2044 Revenues DMV Traffic Safety Grant FY12 35- 640 - 3446 -3446 $ 34,422.00 2,634.00 11,716.00 1,380.00 50,152.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. owers City Clerk Mayor 1 121 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39209 - 091911. A RESOLUTION authorizing acceptance of the AmeriCorps Grant 2011 -12 from the Commonwealth of Virginia, Department of Social 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 hereby accepts the AmeriCorps Grant 2011 -12 in the amount of $216,489.00, which includes a local cash match required from the City in the amount of $6,944.00 and an additional in -kind match of $112,921.00, from the Commonwealth of Virginia, Department of Social Services, to be used by the Roanoke Public Libraries to hire 19 AmeriCorp members for up to a one year period 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 19, 2011. 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 as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 1 122 ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39210-091911. 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Wages 35- 650 - 8307 -1004 $84,770.00 FICA 35- 650 - 8307 -1120 6,944.00 Workers Compensation -Other 35- 650 - 8307 -1141 900.00 Administrative Supplies 35- 650 - 8307 -2030 4,829.00 Training and Development 35- 650 - 8307 -2044 3,000.00 Wearing Apparel 35- 650 - 8307 -2064 3,125.00 Revenues AmeriCorps Grant FY12 35- 650 - 8307 -8307 6,624.00 AmeriCorps Grant FY12 -Local 35- 650 - 8307 -8308 6,944.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. -s p ATTEST: � Stephanie M. Moon, MMC o David A. Bowers City Clerk Mayor 1 1 1 1 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39211-091911. AN ORDINANCE repealing Ordinance No. 1054 adopted January 26, 1923, which established set back building lines on certain streets within the Business and Residential Districts as defined by Ordinance No. 1050 adopted by Council on January 19, 1923; 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. Ordinance No. 1054 which established set back building lines on certain streets within the Business and Residential Districts, be and is hereby REPEALED. 2. Pursuant to §12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: u0yj Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39212-091911. AN ORDINANCE amending and reordaining. Section 14.1 -3, Littering, and Section 14.1 -16, Placement for collection generally, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to change a deadline and to clarify information needed for physically challenged service; and dispensing with the second reading by title of this ordinance. 124 ' BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1 -3. Littering. (g) Upon the failure, neglect or refusal of the owner or occupant upon whom notice has been served pursuant to subsection 14.1 -3(f) of the City Code to comply with such order, the city manager may have the removal performed by city personnel or a private contractor. The city manager shall keep an account of the cost for such removal and shall bill the owner or occupant responsible for placing the solid waste within the right -of -way plus an administrative processing fee of one hundred dollars ($100.00) in addition to the actual cost and fees incurred in the removal and disposal of such solid waste. Such administrative processing fee, however, shall 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 2011. 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 -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. 1 125 (2) Any person initially applying for physically challenged service must present a physician's certification, acceptable to the city manager, that the applicant is unable to transport to the locations described in subsections (a) and (b) of this section all solid waste, including recyclables, generated by those persons residing in such dwelling unit. (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. this s'u bse M69R (d), Of su Gh peY.c.7 — t eF dine qualified for s E;h sen/Inn Any person receiving physically challenged service may reapply for an additional twelve -month term, if such person remains otherwise qualified for such service. No additional physician's certification of eligibility for physically challenged service shall be required of a citizen reapplying for such service. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Y 0uj 9<VwAx-�� '11-t Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39213- 091911. A RESOLUTION amending the City's Fee Compendium to establish a fee for the purchase of a 48- gallon automated trash container for residents and small business owners to use in the disposal of the trash; and providing for an effective date. 126 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fee shall be charged for a 48- gallon automated trash container for residents and small business owners to use in the disposal of their trash, as the first (96- gallon) container is provided to each resident and small business owner at no charge: 48- gallon automated trash container fee:$52.50 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 amended, shall be amended to reflect the new fee for purchasing a 48- gallon automated trash container for residents and small business owners to use in the disposal of their trash, as the first (96- gallon) container is provided to each resident and small business owner at no charge. 3. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fee established by this Resolution will become effective immediately upon its passage, and shall remain in effect until amended by this Council. APPROVED ATTEST: o,a�, —e Stephanie M. Moon, MMC David . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39214 - 091911. A RESOLUTION authorizing the City Manager to enter into a Community Development Block Grant ( "CDBG ") subgrant Agreement with Total Action Against Poverty in Roanoke Valley ( "TAP "), upon certain terms and conditions. 127 WHEREAS, Deanos Ventures, LLC, the owner of Liberty Pines, a 28 unit apartment building located at 2502 Liberty Road, N. W., applied through the City for CDBG funding for the purpose of replacing heating, venting and air conditioning ( "HVAC ") units at that location, to assist with the reduction of energy costs to tenants, WHEREAS, Deanos Ventures, LLC, was awarded CDBG funding in the amount of $95,396.00 by the City for such replacements, WHEREAS, TAP, which has agreed to serve as the General Contractor in connection with the replacement of the HVAC units at Liberty Pines, will be compensated for the provision of such services from the CDBG monies awarded to Deanos Ventures, LLC, and WHEREAS, the City and TAP desire to enter into an agreement detailing the terms, obligations, and conditions of the parties arising from TAP's use of the CDBG monies in connection with the HVAC replacements. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, a CDBG subgrant Agreement with TAP, in the amount of $95,396.00, for TAP to serve as the general contractor for replacing HVAC units at Liberty Pines, a 28 unit apartment building located at 2502 Liberty Road, N. W., in order to reduce energy costs for tenants, such agreement to be 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 September 19, 2011, to this Council. ATTEST: Stephanie M. Moon, MMC City Clerk APPROVED David A. Bowers Mayor 128 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39215-091911. 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 2011 -2012 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 2011 -2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers 302-110-1102-0280-139F-61100-41121-3-05 $20,400.00 Program 302 - 110 - 1102 - 0280 -139F- 61100 - 41124 -3 -05 24,240.00 Coordinator /Site Manager Instructional Assistants 302 -110- 1102 - 0280 -139F- 61100 - 41141 -3 -05 36,000.00 Retiree Health 302 -110- 1102 - 0280 -139F- 61100 - 42200 -3 -05 113.00 Social Security 302 - 110 - 1102 - 0280 -139F- 61100 - 42201 -3 -05 6,339.00 VRS 302 - 110- 1102- 0280 -139F- 61100- 42202 -3 -05 1,450.00 Medical /Dental 302 - 110 -1102- 0280 -139F- 61100 - 42204 -3 -05 2,225.00 Group Life 302 - 110 - 1102 - 0280 -139F- 61100 - 42205 -3 -05 87.00 Contracted Services 302 - 110 - 1102 - 0280 -139F- 61100 - 43313 -3 -05 38,328.00 Travel - Mileage 302 - 110 - 1102 - 0280 -139F- 61100- 45551 -3 -05 492.00 Travel -Fares 302 - 110 - 1102 - 0280 -139F- 61100 - 45552 -3 -05 750.00 Travel -Meals & Lodging 302 - 110 - 1102 - 0280 -139F- 61100 - 45553 -3 -05 2,236.00 Pupil Transportation 302 - 110 - 1102 - 0280 -139F- 63200 - 43343 -3 -05 21,500.00 Supplies 302 - 110 - 1102 - 0280 -139F- 61100 - 46614 -3 -05 21,500.00 Teachers 302 - 110 - 1102 - 0210 -158F- 61100 - 41121 -3 -05 22,800.00 Program Coordinator 302 - 110 - 1102 - 0210 -158F- 61100 - 41124 -3 -05 5,200.00 Administrative Assistant 302 - 110 - 1102 - 0210 -158F- 61100 - 41151 -3 -05 10,450.00 Curriculum Coordinator 302 - 110 - 1102 - 0210 -158F- 61100 - 41125 -3 -05 7,600.00 Retiree Health 302- 110 - 1102 - 0210 -158F- 61100 - 42200 -3 -05 31.00 Social Security 302 - 110 -1102- 0210 -158F- 61100- 42201 -3 -05 3,523.00 VRS 302 - 110 - 1102 - 0210 -158F- 61100 - 42202 -3 -05 464.00 Medical /Dental 302 - 110- 1102- 0210 -158F- 61100- 42204 -3 -05 1,839.00 Group Life 302 - 110 - 1102 - 0210 -158F- 61100 - 42205 -3 -05 15.00 Contracted Services 302 - 110 - 1102 - 0210 -158F- 61100 - 43313 -3 -05 97,351.00 Travel - Mileage 302 - 110 - 1102 - 0210 -158F- 61100 - 45551 -3 -05 246.00 Travel -Fares 302 - 110 - 1102 - 0210 -158F- 61100 - 45552 -3 -05 750.00 Travel -Meals & Lodging 302 =110- 1102 - 0210 -158F- 61100 - 45553 -3 -05 1,474.00 Pupil Transportation 302 - 110 - 1102 - 0210 -158F- 63200 - 43343 -3 -05 21,500.00 Supplies 302 - 110 - 1102 - 0420 -141F- 61100 - 46614 -2 -05 21,500.00 Teachers 302 - 110 - 1102 - 0230 -160E- 61100 - 41121 -3 -05 30,600.00 129 Supplies 302 - 110- 1102- 0210 -158F- 61100- 46614 -3 -05 21,500.00 Teachers 302 - 110 - 1102 - 0410 -122F- 61100 - 41121 -2 -05 22,800.00 Program Coordinator 302 - 110 - 1102 - 0410 -122F- 61100 - 41124 -2 -05 5,200.00 Administrative Assistant 302 - 110 - 1102 - 0410 -122F- 61100 - 41151 -2 -05 10,450.00 Curriculum Coordinator 302 - 110 - 1102 - 0410 -122F- 61100 - 41125 -2 -05 7,600.00 Retiree Health 302 - 110 - 1102 - 0410 -122F- 61100- 42200 -2 -05 31.00 Social Security 302 - 110 - 1102 - 0410 -122F- 61100- 42201 -2 -05 3,523.00 VRS 302 - 110 - 1102 - 0410 -122F- 61100 - 42202 -2 -05 464.00 Medical /Dental 302 - 110- 1102- 0410 -122F- 61100- 42204 -2 -05 1,839.00 Group Life 302 - 110 - 1102 - 0410 -122F- 61100 - 42205 -2 -05 15.00 Contracted Services 302 - 110 - 1102 - 0410 -122F- 61100 - 43313 -2 -05 93,951.00 Travel - Mileage 302 - 110- 1102- 0410 -122F- 61100- 45551 -2 -05 246.00 Travel -Fares 302 - 110 - 1102 - 0410 -122F- 61100 - 45552 -2 -05 750.00 Travel -Meals & Lodging 302 - 110 - 1102 - 0410 -122F- 61100 - 45553 -2 -05 1,474.00 Pupil Transportation 302 -110- 1102- 0410 -122F- 63200 - 43343 -2 -05 21,500.00 Supplies 302 - 110- 1102- 0410 -122F- 61100- 46614 -2 -05 21,500.00 Teachers 302 - 110 - 1102 - 0300 -123F- 61100 - 41121 -2 -05 22,800.00 Program Coordinator 302 - 110 - 1102 - 0300 -123F- 61100 - 41124 -2 -05 5,200.00 Administrative Assistant 302 - 110 - 1102 - 0300 -123F- 61100 - 41151 -2 -05 10,450.00 Curriculum Coordinator 302 - 110 - 1102 - 0300 -123F- 61100 - 41125 -2 -05 7,600.00 Retiree Health 302 - 110 - 1102 - 0300 -123F- 61100- 42200 -2 -05 31.00 Social Security 302 - 110 - 1102 - 0300 -123F- 61100- 42201 -2 -05 3,523.00 VRS 302 - 110 - 1102 - 0300 -123F- 61100 - 42202 -2 -05 464.00 Medical /Dental 302 - 110- 1102- 0300 -123F- 61100- 42204 -2 -05 1,839.00 Group Life 302 - 110 - 1102 - 0300 -123F- 61100 - 42205 -2 -05 15.00 Contracted Services 302 - 110 - 1102 - 0300 -123F- 61100 - 43313 -2 -05 94,351.00 Travel - Mileage 302 - 110 - 1102 - 0300 -123F- 61100- 45551 -2 -05 246.00 Travel -Fares 302 - 110 - 1102 - 0300 -123F- 61100 - 45552 -2 -05 750.00 Travel -Meals & Lodging 302 - 110 - 1102 - 0300 -123F- 61100 - 45553 -2 -05 1,474.00 Pupil Transportation 302 - 110 - 1102 - 0300 -123F- 63200 - 43343 -2 -05 21,500.00 Supplies 302 - 110 - 1102 - 0300 -123F- 61100 - 46614 -2 -05 21,500.00 Teachers 302 - 110- 1102- 0420 -141 F- 61100- 41121 -2 -05 30,600.00 Program 302 - 110 -1102- 0420 -141 F- 61100- 41124 -2 -05 18,438.00 Coordinator /Site Manager Instructional Assistants 302 - 110 - 1102 - 0420 -141F- 61100 - 41141 -2 -05 36,000.00 Retiree Health 302 - 110- 1102- 0420 -141 F- 61100- 42200 -2 -05 113.00 Social Security 302 - 110- 1102- 0420 -141 F- 61100 - 42201 -2 -05 6,461.00 VRS 302 - 110- 1102- 0420 -141 F- 61100- 42202 -2 -05 1,449.00 Medical /Dental 302 - 110- 1102- 0420 -141 F- 61100- 42204 -2 -05 1,897.00 Group Life 302 - 110- 1102- 0420 -141 F- 61100- 42205 -2 -05 86.00 Contracted Services 302 - 110- 1102- 0420 -141 F- 61100- 43313 -2 -05 42,478.00 Conference Travel 302 - 110- 1102- 0420 -141 F- 61100- 45554 -2 -05 4,478.00 Pupil Transportation 302 - 110- 1102- 0420 -141 F- 63200 - 43343 -2 -05 21,500.00 Supplies 302 - 110 - 1102 - 0420 -141F- 61100 - 46614 -2 -05 21,500.00 Teachers 302 - 110 - 1102 - 0230 -160E- 61100 - 41121 -3 -05 30,600.00 130 , Program 302 - 110- 1102- 0230 -160E- 61100- 41124 -3 -05 17,860.00 Coordinator /Site Manager Instructional Assistants 302 -110- 1102 - 0230 -160E- 61100 - 41141 -3 -05 36,000.00 Retiree Health 302 - 110 - 1102 - 0230 -160E- 61100 - 42200 -3 -05 113.00 Social Security 302 - 110- 1102- 0230 -160E- 61100- 42201 -3 -05 6,461.00 VRS 302 - 110- 1102- 0230 -160E- 61100- 42202 -3 -05 1,449.00 Medical /Dental 302 - 110- 1102- 0230 -160E- 61100- 42204 -3 -05 1,897.00 Group Life 302 - 110 - 1102 - 0230 -160E- 61100 - 42205 -3 -05 86.00 Contracted Services 302 - 110 - 1102 - 0230 -160E- 61100 - 43313 -3 -05 38,056.00 Conference Travel 302 - 110 - 1102 - 0230 -160E- 61100- 45554 -3 -05 4,478.00 Pupil Transportation 302 - 110- 1102- 0230 -160E- 63200 - 43343 -3 -05 21,500.00 Supplies 302 - 110 - 1102 - 0230 -160E- 61100 - 46614 -3 -05 21,500.00 Teachers 302 - 110 - 1102 - 0340 -149F- 61100 - 41121 -2 -05 30,600.00 Program 302 - 110 - 1102 - 0340 -149F- 61100 - 41124 -2 -05 20,500.00 Coordinator /Site Manager Instructional Assistants 302 - 110 - 1102 - 0340 -149F- 61100 - 41141 -2 -05 33,000.00 Retiree Health 302 -110- 1102 - 0340 -149F- 61100 - 42200 -2 -05 72.00 Social Security 302 - 110 - 1102 - 0340 -149F- 61100 - 42201 -2 -05 6,604.00 VRS 302 - 110- 1102- 0340 -149F- 61100- 42202 -2 -05 1,065.00 Medical /Dental 302 - 110- 1102- 0340 -149F- 61100- 42204 -2 -05 1,625.00 Group Life 302 - 110 - 1102 - 0340 -149F- 61100 - 42205 -2 -05 48.00 Contracted Services 302 - 110 - 1102 - 0340 -149F- 61100 - 43313 -2 -05 34,278.00 Travel- Mileage 302 - 110 - 1102 - 0340 -149F- 61100 - 45551 -2 -05 246.00 Travel -Fares 302 - 110 - 1102 - 0340 -149F- 61100 - 45552 -2 -05 750.00 Travel -Meals & Lodging 302 - 110 - 1102 - 0340 -149F- 61100 - 45553 -2 -05 1,474.00 Pupil Transportation 302 - 110 - 1102 - 0340 -149F- 63200 - 43343 -2 -05 21,500.00 Supplies 302 - 110 - 1102 - 0340 -149F- 61100 - 46614 -2 -05 21,500.00 Teachers 302 -110 -1102- 0450 -124F- 61100 - 41121 -3 -05 22,800.00 Program Coordinator 302 - 110- 1102 - 0450 -124F- 61100- 41124 -3 -05 5,200.00 Administrative Assistant 302 - 110 - 1102 - 0450 -124F- 61100 - 41151 -3 -05 10,450.00 Curriculum Coordinator 302 - 110 - 1102 - 0450 -124F- 61100 - 41125 -3 -05 7,600.00 Retiree Health 302 - 110 - 1102 - 0450 -124F- 61100 - 42200 -3 -05 31.00 Social Security 302 - 110 - 1102 - 0450 -124F- 61100 - 42201 -3 -05 3,523.00 VRS 302 - 110 - 1102 - 0450 -124F- 61100 - 42202 -3 -05 464.00 Medical /Dental 302 - 110- 1102- 0450 -124F- 61100- 42204 -3 -05 1,839.00 Group Life 302 - 110 - 1102 - 0450 -124F- 61100 - 42205 -3 -05 15.00 Contracted Services 302 - 110 - 1102 - 0450 -124F- 61100 - 43313 -3 -05 97,351.00 Travel - Mileage 302 - 110 - 1102 - 0450 -124F- 61100 - 45551 -3 -05 246.00 Travel -Fares 302 - 110 - 1102- 0450 -124F- 61100 - 45552 -3 -05 750.00 Travel -Meals & Lodging 302 - 110- 1102- 0450 -124F- 61100- 45553 -3 -05 1,474.00 Pupil Transportation 302 - 110 - 1102 - 0450 -124F- 63200 - 43343 -3 -05 21,500.00 Supplies 302 - 110 - 1102 - 0450 -124F- 61100 - 46614 -3 -05 21,500.00 Teachers 302- 110 - 1102 - 0060 -150E- 61100 - 41121 -2 -05 30,600.00 Program 302 - 110 - 1102 - 0060 -150E- 61100 - 41124 -2 -05 20,500.00 , Coordinator /Site Manager 131 Instructional Assistants 302 - 110- 1102 - 0060 -150E- 61100 - 41141 -2 -05 33,000.00 Retiree Health 302 - 110 - 1102 - 0060 -150E- 61100 - 42200 -2 -05 72.00 Social Security 302 - 110- 1102 - 0060 -150E- 61100 - 42201 -2 -05 6,604.00 VRS 302 - 110- 1102- 0060 -150E- 61100- 42202 -2 -05 1,065.00 Medical /Dental 302 - 110- 1102- 0060 -150E- 61100- 42204 -2 -05 1,625.00 Group Life 302 - 110 - 1102 - 0060 -150E- 61100 - 42205 -2 -05 48.00 Contracted Services 302 - 110 - 1102 - 0060 -150E- 61100 - 43313 -2 -05 34,278.00 Travel - Mileage 302 - 110- 1102 - 0060 -150E- 61100 - 45551 -2 -05 246.00 Travel -Fares 302 - 110 - 1102 - 0060 -150E- 61100 - 45552 -2 -05 750.00 Travel -Meals & Lodging 302 - 110- 1102- 0060 -150E- 61100- 45553 -2 -05 1,474.00 Pupil Transportation 302 - 110- 1102- 0060 -150E- 63200 - 43343 -2 -05 21,500.00 Supplies 302 - 110- 1102- 0060 -150E- 61100- 46614 -2 -05 21,500.00 Teachers 302 - 110 - 1102 - 0350 -142F- 61100 - 41121 -2 -05 30,600.00 Program 302 - 110- 1102- 0350 -142F- 61100- 41124 -2 -05 18,438.00 Coordinator /Site Manager Instructional Assistants 302 - 110 - 1102 - 0350 -142F- 61100 - 41141 -2 -05 36,000.00 Retiree Health 302- 110 - 1102 - 0350 -142F- 61100- 42200 -2 -05 113.00 Social Security 302 - 110 - 1102 - 0350 -142F- 61100- 42201 -2 -05 6,461.00 VRS 302 - 110- 1102- 0350 -142F- 61100- 42202 -2 -05 1,449.00 Medical /Dental 302 - 110- 1102- 0350 -142F- 61100- 42204 -2 -05 1,897.00 Group Life 302 - 110 - 1102 - 0350 -142F- 61100 - 42205 -2 -05 86.00 Contracted Services 302 - 110 - 1102 - 0350 -142F- 61100 - 43313 -2 -05 42,478.00 Conference Travel 302 - 110 - 1102 - 0350 -142F- 61100 - 45554 -2 -05 4,478.00 Pupil Transportation 302 - 110 - 1102 - 0350 -142F- 63200 - 43343 -2 -05 21,500.00 Supplies 302 - 110 - 1102 - 0350 -142F- 61100 - 46614 -2 -05 21,500.00 Teachers 302 - 110 - 1102 - 0150 -125F- 61100 - 41121 -3 -05 22,800.00 Program Coordinator 302 - 110 - 1102 - 0150 -125F- 61100 - 41124 -3 -05 5,200.00 Administrative Assistant 302 - 110 - 1102 - 0150 -125F- 61100 - 41151 -3 -05 10,450.00 Curriculum Coordinator 302 - 110 - 1102- 0150 -125F- 61100 - 41125 -3 -05 7,600.00 Retiree Health 302 - 110 - 1102 - 0150 -125F- 61100- 42200 -3 -05 31.00 Social Security 302 - 110 - 1102 - 0150 -125F- 61100 - 42201 -3 -05 3,523.00 VRS 302 - 110 - 1102 - 0150 -125F- 61100 - 42202 -3 -05 464.00 Medical /Dental 302 - 110 - 1102 - 0150 -125F- 61100 - 42204 -3 -05 1,839.00 Group Life 302 - 110 - 1102 - 0150 -125F- 61100 - 42205 -3 -05 15.00 Contracted Services 302 - 110 - 1102 - 0150 -125F- 61100 - 43313 -3 -05 97,351.00 Travel Mileage 302 - 110- 1102- 0150 -125F- 61100- 45551 -3 -05 246.00 Travel Fares 302 - 110 - 1102 - 0150 -125F- 61100 - 45552 -3 -05 750.00 Travel —Meals & Lodging 302 -110- 1102 - 0150 -125F- 61100 - 45553 -3 -05 1,474.00 Pupil Transportation 302 - 110 - 1102- 0150 -125F- 61100- 43343 -3 -05 21,500.00 Supplies 302 - 110 - 1102 - 0150 -125F- 61100 - 46614 -3 -05 21,500.00 Coordinator Salary 307 - 140 - 0000 - 1000 -145S- 61210 - 41138 -9 -08 4,645.00 Social Security 307 -140- 0000 - 1000 -145S- 61210 - 42201 -9 -08 355.00 Teacher Salary 302 - 110- 1305- 0150 -359F- 61100- 41121 -3 -01 4,645.00 Social Security 302 - 110 - 1305 - 0150 -359F- 61100 - 42201 -3 -01 355.00 Reading Tutor Stipends 302 - 110- 0000 - 0340 -133F- 61100- 41129 -2 -01 26,400.00 Social Security 302 - 110 - 0000 - 0340 -133F- 61100 - 42201 -2 -01 2,020.00 Online Content 302 - 110 - 0000 - 0340 -133F- 68100 - 46640 -2 -01 6,500.00 132 Materials and Supplies 302 - 110 - 0000 - 0340 -133F- 61100 - 46614 -2 -01 1,730.00 Literacy Coach 302 - 110 - 0000 - 0430 -133F- 61100 - 41125 -2 -01 53,300.00 Teacher Tutoring 302 - 110- 0000 - 0430 -133F- 61100- 41129 -2 -01 10,000.00 Stipends Retiree Health Credit 302 - 110 - 0000 - 0430 -133F- 61100 - 42200 -2 -01 320.00 Social Security 302 - 110 - 0000 - 0430 -133F- 61100 - 42201 -2 -01 4,842.00 VRS 302 -110- 0000 - 0430 -133F- 61100- 42202 -2 -01 6,039.00 Health /Dental Insurance 302- 110 - 0000 - 0430 -133F- 61100 - 42204 -2 -01 2,150.00 Group Life Insurance 302 - 110 - 0000 - 0430 -133F- 61100 - 42205 -2 -01 149.00 Mileage 302 - 110- 0000 - 0430 -133F- 61100- 45551 -2 -01 1,000.00 Materials and Supplies 302 - 110 - 0000 - 0430 -133F- 61100 - 46614 -2 -01 3,500.00 Coordinator Salary 302 - 140 - HOME - 1000 -145F- 61210 - 41138 -9 -08 766.00 Student Transportation 302 - 140 - HOME - 1000 -145F- 61210 - 43342 -9 -08 2,500.00 Indirect Cost 302 - 140 - HOME - 1000 -145F- 00000 - 62000 -9 -08 734.00 Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 -139F- 00000 - 38287 -0 -00 175,660.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -158F- 00000 - 38287 -0 -00 194,743.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -122F- 00000 - 38287 -0 -00 191,343.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -123F- 00000 - 38287 -0 -00 191,743.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -141 F- 00000 - 38287 -0 -00 185,000.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -160E- 00000 - 38287 -0 -00 180,000.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -149F- 00000 - 38287 -0 -00 173,262.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -124F- 00000 - 38287 -0 -00 194,743.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -150E- 00000 - 38287 -0 -00 173,262.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -142F- 00000 - 38287 -0 -00 185,000.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -125F- 00000 - 38287 -0 -00 194,743.00 Federal Grant Receipts 307- 000 - 0000 - 0000 -145S- 00000 - 38196 -0 -00 5,000.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -359F- 00000 - 32375 -0 -00 5,000.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -133F- 00000 - 38010 -0 -00 117,950.00 Federal Grant Receipts 302 - 000 - 0000 - 0000 -145F- 00000 - 38196 -0 -00 4,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: x4i&" ITStephanie M. Moon, MMC City Clerk Q) 4W�� David A. Bowers Mayor 1 1 1 133 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39216-091911. A RESOLUTION paying tribute to the Roanoke City Schools Chess Program upon the occasion of its 25th Anniversary. WHEREAS, the Roanoke City Schools Chess Program is the oldest, continuously operating, publicly funded school chess program in the Commonwealth of Virginia; WHEREAS, the Roanoke City Schools Chess Program was developed in 1986 by a partnership between then School Superintendent Frank Tota, Total Action Against Poverty President Ted Edlich, and chess Life Master Russell Potter, and was modeled on successful inner -city public and private school programs across the country; WHEREAS, along with TAP, the Roanoke Valley Chess Club played a positive role in the early success of the program, providing chess equipment, instruction and tournament directors for the system; WHEREAS, the Roanoke City Schools' Chess Program has enjoyed tremendous community support over the years, having been assisted by countless volunteers who have helped greatly with instruction, supervision, trips and rated tournament play, and having received financial support from an anonymous donor from 1996 until 2009 that provided funds for team travel to national, regional and state chess championship tournaments; WHEREAS, more than 20,000 Roanoke City Schools students have participated in the Chess Program, and more than 10,000 students have taken part in rated United States Chess Federation tournaments, including state, regional and national championships, and the program has won several state school team championships and has had individual students who have placed and won trophies at the National Grade School Championships; WHEREAS, throughout its history Roanoke City Schools has provided coaches for each elementary, middle and high school in the system who meet weekly with students to provide instruction, and has also employed nationally ranked chess instructors beginning with Life Master Russell Potter and including National Master Rich Jackson, National Expert Chris Bush and National Expert Alan Brownstein; 134 ' WHEREAS, Roanoke City Schools has sponsored four to six local tournaments each year, providing students in the system and in the greater community the opportunity to play in United States Chess Federation rated tournaments, drawing both students and adults throughout the Southwest Virginia area; and WHEREAS, chess continues to be valued for its development of critical thinking as well as development of academic qualities and general character, including the value of thinking before acting, the realization that actions have consequences, the necessary commitment of hard work and patience in the achievement of long -term goals, never giving up when faced with adverse conditions, and the necessity to learn from mistakes in order to improve the likelihood of success in life. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the Roanoke City Schools Chess Program for its continued success upon the occasion of its 25th Anniversary. 2. The City Clerk is directed to forward an attested copy of this Resolution to Program Coordinator Mickey Owens; and Dr. Vella Wright,. Assistant Superintendent for Teaching and Learning. APPROVED ATTEST: Aq4'_-" � ocNJ Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39217-091911. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to a certain condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. ' 135 WHEREAS, 501 Salem, L.L.C., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have a portion of 501 Salem Avenue, S. W., bearing Official Tax No. 1111315, rezoned from D, Downtown District, conditional, to 1 1, Light Industrial, subject to a certain proffered condition; 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 19, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of Official Tax No. 1111315 located at 501 Salem Avenue, S. W., be, and is hereby rezoned from D, Downtown District, conditional, to 1 -1, Light Industrial, subject to a condition proffered by the petitioner that existing buildings as shown on a plan prepared by Lumsden Associates, P.C., dated June 13, 2011, shall remain, as set forth in the Zoning Amendment Application dated July 5, 2011. 1 136 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39218- 091911. AN ORDINANCE to amend § 36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Trustees of New Assembly Covenant of God has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have a portion of the property located at 3030 King Street, N. E., bearing Official Tax No. 7080420, rezoned from R -5, Residential Single - Family District, to IN, Institutional District, conditional, and property located at 2922 King Street, N. E., bearing Official Tax Map No. 7080425, rezoned from IN, Institutional District, to IN, Institutional District, conditional, for additional parking, as permitted in the IN, Institutional 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 19, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and ' 137 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 a portion of Official Tax No. 7080420 located at 3030 King Street, N. E., be, and is hereby rezoned from R -5, Residential Single - Family District, to IN, Institutional District, conditional, and the property located at 2922 King Street, N. E., bearing Official Tax Map No. 7080425, be, and is hereby rezoned from IN, Institutional District, to IN, Institutional District, conditional, for additional parking, as permitted in the IN, Institutional District, subject to a certain condition proffered by the petitioner, as set forth in the Zoning Amendment Application dated July 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: A4alll �_� - 4-no Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39219-091911. AN ORDINANCE authorizing the conveyance of a variable width, public drainage easement across a portion of City -owned property, designated as Tax Map No. 6472302, known as the former Countryside Golf Course, to Newbern Properties, LLC, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. 138 ' 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 variable width, public drainage easement across a portion of City - owned property, designated as Tax Map No. 6472302, known as the former Countryside Golf Course, to Newbern Properties, LLC, in connection with the development of a new facility for Trane, Inc., as more particularly set forth in the City Manager's report to this Council dated September 19, 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: r'La,"�. 0 Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39220 - 091911. AN ORDINANCE authorizing the execution of a Deed of Reservation against City -owned property designated as Tax Map Number 1040202, to allow the placement of a revised permanent 40 foot wide by 898 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; authorizing the vacation of an existing storm drain easement created by plat, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. 1 1 1 139 WHEREAS, a public hearing was held September 19, 2011, pursuant to §§ 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 against City -owned property designated as Tax Map Number 1040202, to allow the placement of a revised permanent 40 foot wide by 898 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, and to vacate an existing storm drain easement created by plat previously recorded, upon the terms and conditions set forth in the City Manager's report to Council dated September 19, 2011. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Stephanie M. Moon, MMC City Clerk APPROVED Da owers Mayor 140 MEASURE GRANTING PETITION FILED ON SEPTEMBER 16. 2011 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of September, 2011. No. 39221 - 091911. 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, by deleting and amending certain proffers adopted by City Council in Ordinance No. 36175- 121602, on December 16, 2002, pertaining to certain properties located at the intersection of Riverland Road, S. E., and Garden City Boulevard, S. E.; and dispensing with the second reading by title of this ordinance. WHEREAS, Austin Rogers, on behalf of GBT Realty Corporation, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to delete and amend certain proffered conditions as they pertain to 1261 Riverland Road, S. E., and 0 Garden City Boulevard, S. E., bearing Official Tax Nos. 4360103 and 4360104, respectively; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanokey.(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 19, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the deleting and amending of certain proffers as they pertain to properties located at 1261 Riverland Road, S. E., and 0 Garden City Boulevard, S. E., bearing Official Tax Nos. 4360103 and 4360104, respectively, as set forth in the Zoning Amended Application No. 3 dated September 14, 2011. 141 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Proffer Nos. 1, 2, 5 and 7 accepted by City Council when it adopted Ordinance No. 36175- 121602, on December 16, 2002, with respect to properties located at 1261 Riverland Road, S. E., bearing Official Tax No. 4360103, and 0 Garden City Boulevard, S. E., bearing Official Tax No. 4360104, be amended as set forth in the Zoning Amended Application No. 3 dated September 14, 2011, and filed September 16, 2011, and that Proffer No. 6 adopted at that same time be repealed; that such properties be zoned CG, Commercial General District, conditional, as set forth in this Ordinance; and that §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. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC DCDavaidAlBowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2011. No. 39222 - 100611. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's use of the parking garage located at 6 Riverside Parking Garage owned by Carilion Property Management ( "Carilion "), and authorizing execution of an agreement with Carilion in connection with such use of their parking garage. 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 parking garage for an event to be held from October 21, to October 23, 2011, as set forth in the City Manager's letter to Council dated October 6, 2011. 142 2. The City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, an agreement relating to the City's use of the parking garage owned by Carilion. APPROVED ATTEST: • �iJrJ Stephanie M. Moon, MMC S�Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2011. No. 39223 - 100611. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds to the City in the total amount of $2,259,096.00, to be allocated among two projects; authorizing the CitX Manager to execute a VDOT Standard Project Administration Agreement for the 9t Street Bridge Repair /Replacement Project in connection with the $1,000,000.00 of VDOT funds allocated to that Project; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds for the 9th Street Bridge Repair /Replacement Project; approving and confirming a VDOT Agreement dated December 22, 2010, in connection with the second Project, the Old Mountain Road Bridge Replacement Project, including the appropriation of funds previously received from VDOT and additional funds to be received from VDOT, as referred to in the City Manager's Report dated October 6, 2011, to this Council; and authorizing the City Manager to take such further actions and execute such further documents with regard to such Project as may be necessary to obtain, implement, administer, and use such funds for that Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the VDOT award of Transportation Revenue Sharing Program Funds in the total amount of $2,259,096.00 to be provided in equal amounts by VDOT over the FY12 and FY13 time period, with the City providing local matching funds in the total amount of $2,259,096.00, with such funds to be allocated among the two Projects referred to above, all as more fully set forth in the City Manager's Report dated October 6, 2011, to this Council. ' 143 2. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement substantially similar to the one attached to the above City Manager's Report to this Council for the 9th Street Bridge Repair /Replacement Project in connection with the $1,000,000.00 of VDOT funds, together with the required $1,000,000.00 in City matching funds, allocated to such Project. Such Agreement shall be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the amount of $1,000,000.00 from VDOT, together with $1,000,000.00 in City matching funds, for the 9th Street Bridge Repair /Replacement Project, with any such documents to be approved as to form by the City Attorney. 4. In connection with the VDOT Revenue Sharing Program Funds allocated to the Old Mountain Road Bridge Replacement Project, as referred to in the City Manager's Report mentioned above, City Council hereby approves and confirms the VDOT Agreement dated December 22, 2010, together with the revised Appendix A to such Agreement that was signed by VDOT on August 31, 2011, and which increases the amount of VDOT Revenue Sharing Program Funds available for such Project by $1- ,259,096.00, with a required local match from the City in the amount of $1,259,096.00. Council also approves and confirms the acceptance of the prior VDOT Revenue Sharing Funds in the amount of $460,904.00, with a required City match of $460,904.00, as provided for by the December 22, 2010, VDOT Agreement. 5. The City Manager is authorized to take such further actions and execute such further documents with regard to the Old Mountain Road Bridge Replacement Project, as may be necessary to obtain, accept, implement, administer, and use such funds for such Project, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 1 144 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2011. No. 39224 - 100611. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Revenue Sharing Program to the 91h Street SE Over Roanoke River Bridge Renovation project and the Old Mountain Road Bridge Renovation project, 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 State Grant Funds 08- 530 - 9525 -9007 $ 1,000,000.00 Appropriated from State Grant Funds 08- 530 - 9529 -9007 1,720,000.00 Revenues VDOT — 91h Street Bridge Renovation 08- 530 - 9525 -9526 1,000,000.00 VDOT - Old Mountain Road 08- 530 - 9529 -9529 1,720,000.00 Bridge Renovation Pursuant 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 MMC v - . Bowers City Clerk Mayor 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, 145 The 6th day of October, 2011. No. 39225 - 100611. . AN ORDINANCE authorizing and approving a one -time bonus to certain City employees in the amount of $1,000.00 each, and an award of annual leave to employees who make donations to the FY 2011 -2012 United Way Campaign, and dispensing with the second reading of this ordinance by title. WHEREAS, because of economic factors and a tightened City budget, the City has not been,able to accord its employees a pay raise for the third consecutive year; WHEREAS, City Council desires to reward the continued good work of the City's employees through difficult financial times; and WHEREAS, City Council wishes to encourage City employees to participate in the FY 2011 -2012 United Way Campaign. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. All full -time and permanent part -time City employees who meet the eligibility criteria set out in the City Manager's report to Council dated October 6, 2011, shall receive a bonus in the amount of $1,000.00 each on a separate November 21, 2011, pay date, such bonus to be subject to all applicable tax withholdings. Temporary employees who worked a minimum of 1,040 hours during FY 2010 -2011 shall receive a bonus in the amount of $500.00. For, employees who complete the new hire probationary period between November 15 and November 30, the bonus will be paid on the next pay date. 2. City employees who donate the minimum amounts to the FY 2011 -2012 United Way Campaign ending October 14, 2011, as set out in the City Manager's report to Council of October 6, 2011, shall receive annual leave in the respective amounts specified in the report. 1 146 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC Davi GA. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2011. No. 39226- 100611. AN ORDINANCE to appropriate funding to the General Fund for the FY 2011- 2012 Employee Stipend and United Way leave award amending and reordaining certain sections of the 2011 -2012 General Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Transfer to Capital Projects Fund 01- 250 - 9310 -9508 ($ 1,600,000.00) Residual Funding 01- 300 - 9410 -2377 $ 1,600,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 147 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2011. No. 39227 - 100611. A RESOLUTION requesting the U. S. Postal Service not to close the mail processing center and Melrose Avenue and downtown Church Avenue branch post offices in the City of Roanoke. WHEREAS, on September 15, 2011, the U. S. Postal Service proposed a study of cutting its nationwide network of mail processing facilities by over half by consolidating or closing nearly 250 of them, including the ones in Roanoke and Lynchburg, which would mean the demise of the Roanoke postmark; WHEREAS, such a proposed change would result in a new average national service mail delivery standard of two to three days, as opposed to the current one -to three -day standard; WHEREAS, the Roanoke processing and distribution center employs 357 people, whose jobs are critical to the region; WHEREAS, the U. S. Postal Service is also studying possibly closing the Melrose Avenue and downtown Church Avenue branch post offices in the City, both of which are important to local residents and businesses, and should remain open. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The U. S. Postal Service is respectfully requested not to close or consolidate the mail processing facility in the City, or the Melrose Avenue or downtown Church Avenue branch post offices. 2. The City Clerk is directed to forward certified copies of this Resolution to Senator Mark Warner, Senator James Webb, Congressman Robert Goodlatte, Roanoke Postmaster Edward Schaben, and Postmaster General Patrick R. Donahue. APPROVED ATTEST: rn.- Stephanie M. Moon, MMC t .3 David A. Bowers City Clerk Mayor 148 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of October, 2011. No. 39228 - 100611. A RESOLUTION designating a Voting Delegate for the Annual Business Meeting of the National League of Cities. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the National League of Cities Conference to be held on November 9 - November 12, 2011, in Phoenix, Arizona, and any Business Meetings in connection with such Conference, The Honorable Anita Price, Council Member, is hereby designated Voting Delegate on behalf of the City of Roanoke, Virginia. 2. Stephanie Moon, City Clerk, is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate. APPROVED ATTEST: biTnJ QA+►MMN.� Stephanie M. Moon, MMC Davi A. Bowers City Clerk Mayor 1 1 �I �I 149 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 during the period of July 1, 2011, 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 17, 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 AT EST: Cecelia T. Webb Assistance Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39230 - 101711. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Workforce Investment Act FY12 Exemplary Performance Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 150 Appropriations Training and Development 35- 633 - 2385 -2044 $ 2,500.00 Marketing 35- 633 - 2385 -8053 3,500.00 Contract Services 35- 633 - 2385 -8057 1,500.00 Equipment 35- 633 - 2385 -8059 2,500.00 Revenues WIA Exemplary Performance FY12 35- 633 - 2385 -2385 10,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED TEST: r t ece is T. Webb VD WdA.wers Assistance Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39231 - 101711. A RESOLUTION authorizing acceptance of the FY 2012 Bulletproof Vest Partnership Grant made to the City of Roanoke by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, the FY 2012 Bulletproof Vest Partnership Grant in the amount of $24,426.00, requiring a 50% local in -kind match, such grant being more particularly described in the report of the City Manager to Council dated October 17, 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. 151 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 Z eceliaT. Webb Assistance Deputy City Clerk WIN IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39232 - 101711. 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel- Sheriff Wearing Apparel - Police Revenues Bulletproof Vest FY12- Sheriff Bulletproof Vest FY12- Police 1 35- 140- 5908 -2064 $12,051.00 35- 640 - 3428 -2064 12,375.00 35- 140- 5908 -5908 12,051.00 35- 640 - 3428 -3428 12,375.00 152 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED T Cecelia T. Webb Assistance Deputy City Clerk SLa7co_ .� David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39233 - 101711. A RESOLUTION authorizing acceptance of the Shelter Plus Care Renewal Grant Award on behalf of the Blue Ridge Continuum of Care, from the U.S. Department of Housing and Urban Development, in the amount of $174,900.00; 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 on behalf of the Blue Ridge Continuum of Care, from the U. S. Department of Housing and Urban Development, in the amount of $174,900.00, with a local in -kind dollar for dollar match of supportive services required by provider agencies, for a five year period, beginning September 1, 2011, to provide rental assistance and supportive services to disabled homeless individuals and their families, as more particularly set forth in the report of the City Manager to this Council dated October 17, 2011. 2. The City of Roanoke is authorized to be the fiscal agent for this grant, and shall be responsible for distributing the grant proceeds. 1 153 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 a ce is T. Webb Assistance Deputy City Clerk *avid aAB Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39234-101711. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Rural Highlands Shelter Plus Care Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Shelter Plus Care 35- 630 - 5303 -2159 $ 174,900.00 Revenues Shelter Plus Care -Rural Highlands 35- 630 - 5303 -5303 174,900.00 1 154 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 6 T T: V,—� Cecelia T. Webb Assistance Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39235 - 101711. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with Mattern & Craig, Inc., in an amount up to $389,000.00 for additional architectural and engineering (A/E) services for the replacement of the Old Mountain Road Bridge over Tinker Creek Project; and authorizing the City Manager to take certain actions in connection with such Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's Contract with Mattern & Craig, Inc., in an amount not to exceed $389,000.00 for additional A/E services for the replacement of the Old Mountain Road Bridge over Tinker Creek Project, all as more fully set forth in the City Manager's Report to this Council dated October 17, 2011. 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 $389,000.00, including an initial Amendment for the additional A/E services referred to above in an amount up to $339,000.00, all as set forth in the above Report. 1 155 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 TEST: elia T. Webb David A. Bowers Assistance Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39236- 101711. A RESOLUTION authorizing the City Manager to execute applications for Virginia Department of Transportation Enhancement Grant Funds for the Roanoke River Greenway, the Virginian Railway Passenger Station, the Gainsboro History Walk, and the Virginia Museum of Transportation Claytor Pavilion, and expressing support for each project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby expresses its continued support of the application to the Virginia Department of Transportation ( "VDOT ") for $998,400.00 to support the design and construction of the remaining segment of the Roanoke River Greenway between Bridge Street and the City of Salem. The City acknowledges that the required 20% local match is $249,600.00, and that the match is being provided through the donation of land, existing greenway capital project funds, and other funding sources, as more particularly set forth in the City Manager's Report dated October 17, 2011, to City Council. 1 156 2. The City hereby expresses its continued support of the Roanoke Chapter, National Railway Historical Society application to VDOT for an additional $93,466.00, for a total of $859,466.00, for the renovation of the Virginian Railway Passenger Station. The City acknowledges that the required 20% local match is $171,893.00, and that the match is being provided through the donation of land, funding sources other than the City, and through other Roanoke Chapter, National Railway Historical Society contributions, as more particularly set forth in the City Manager's Report dated October 17, 2011, to City Council. 3. The City hereby expresses its support of the Gainsboro Southwest Community Organization application to VDOT for $82,544.00 of funding for Phases I and II of Gainsboro History Walk improvements. The City acknowledges that matching funds in the amount of $20,636.00 are expected to be provided through in -kind contributions of architectural design services and research and the design of a brochure for the walking tour and that cash contributions are expected from a City of Roanoke Neighborhood Development Grant, the Roanoke Valley Preservation Foundation, and the Gainsboro Southwest Neighborhood Organization, as more particularly set forth in the City Manager's Report dated October 17, 2011, to City Council. 4. The City hereby expresses its support of the Virginia Museum of Transportation application to VDOT for $533,200.00 to fund two phases of improvements to the Claytor Pavilion. The City acknowledges that matching funds will be provided by Norfolk Southern, which has committed $1 million in challenge grant funds, and through in -kind donations and services to be provided by the Roanoke Chapter, National Railway Historical Society, the Norfolk and Western Historical Society, and vendors, as more particularly set forth in the City Manager's Report dated October 17, 2011, to City Council. 5. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, any required grant applications for the funding referred to above, with any such applications to be approved as to form by the City Attorney. APPROVED TE Webb Assistance Deputy City Clerk a0C?V6%^A^^. David A. Bowers Mayor 1 1 1 1 157 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39237 - 101711. 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 Revenue Sharing Program in the amount of $2,830,000.00 for FY 2013 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $2,830,000.00 for any funds provided by VDOT for the projects referred to in the City Manager's Report dated October 17, 2011, to this Council, and which will require the City to provide matching funds of $2,830,000.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The 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 for FY2013 in the amount of $2,830,000.00 for the following four Projects: a. 9th Street over NS Railway Bridge Rehabilitation located in Southeast Roanoke. b. Pheasant Ridge Road Reconstruction. C. City -Wide Storm Drain Improvements. d. Roanoke River Greenway Construction for the connection between Roanoke and Salem. 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. 3 iS s . Webb Assistance Deputy City Clerk APPROVED David A. Bowers Mayor 158 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39238 - 101711. AN ORDINANCE authorizing and providing for the City's acceptance of a certain perpetual easement and a dedication of right -of -way for public street purposes from Kuumba Community Health & Wellness Center, Inc., upon certain terms and provisions, and dispensing with the second reading of this ordinance. WHEREAS, Kuumba Community Health & Wellness Center, Inc., d /b /a New Horizons Healthcare ( "New Horizons "), is building a new community healthcare center located at 3716 Melrose Avenue, N. W., Official Tax Map No. 2762101; WHEREAS, an existing public sidewalk along Fentress Street, N. W., encroaches on the subject property; WHEREAS, development of the subject property is adversely affected if the real estate occupied by the sidewalk is dedicated to the City for public street and sidewalk purposes; WHEREAS, New Horizons is willing to grant to the City a 251 square foot perpetual easement, allowing the public to traverse the area within the easement and granting to the City the right to maintain the area within the easement for the general public's health, safety and welfare; WHEREAS, New Horizons is also willing to dedicate a 322 square foot area from 3716 Melrose Avenue, N. W., Official Tax Map No. 2762101, adjacent to Adams Street, N. W., for public street purposes; WHEREAS, the City Manager has recommended to the City Council that an easement for a public sidewalk and a right -of -way dedication for public street purposes be accepted from New Horizons for the maintenance and operation of a public sidewalk and a public street, and New Horizons has agreed to convey to the City a perpetual easement for a public sidewalk and a dedication of right -of -way for public street purposes; and WHEREAS, the terms and conditions of such perpetual easement and dedication of right -of -way are set forth in the City Manager's report dated October 17, 2011, to this Council, and the plat and the deed attached thereto. 1 1 1 159 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the City Manager be, and the City Manager is hereby, authorized to accept on behalf of the City, by adequate deed of easement and deed of dedication from New Horizons, a perpetual easement for a public sidewalk and a dedication for public street purposes, upon the terms and provisions hereinafter set forth with respect to such owner, and the full right and privilege for the City to enter and go upon the easement area to operate, maintain and repair such public sidewalk, such easement and dedication being located on that parcel of land bearing Official Tax No. 2762101, and being similar in detail in a plat entitled, "Final Plat for Kuumba Community Health & Wellness Center, Inc., Showing the Dedication of 322 Sq. Ft. of Land for Public Street Purposes, Creating Hereon a 1.699 Acre Tract of Land Designated as Tract A, Situated on the South Side of Melrose Avenue, N. W.," attached to the City Manager's report dated October 17, 2011, to this Council, and on file in the records of the Circuit Court Clerk for the City of Roanoke. BE IT FURTHER ORDAINED that such deed and plat creating and transferring such easement and public right -of -way shall be in form approved by the City Attorney for the City of Roanoke. BE IT FURTHER ORDAINED that the second reading of this ordinance is dispensed with. APPROVED TE Cecelia T. Webb Assistance Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39239 - 101711. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2012 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; 160 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 17, 2011, recommended to Council a Legislative Program to be presented at the 2012 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated October 17, 2011, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2012 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2012 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00 a.m., on December 5, 2011. APPROVED TT ST: Celia T. Webb David A. Bowers Assistance Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17`h day of October, 2011. No. 39240 - 101711. AN ORDINANCE to appropriate funding from the Federal government and State government for various educational programs, amending and reordaining certain sections of the 2011 -2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 161 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Coach 302 - 110 - 0000 - 0340 -157F- 61100 - 41125 -2 -01 65,000.00 Resource Teacher 302 - 110 - 0000 - 0340 -157F- 61100 - 41121 -2 -01 45,000.00 Data Coach /Manager 302 - 110 - 0000 - 0340 -157F- 61100 - 41125 -2 -01 45,000.00 Home - School 302 - 110- 0000 - 0340 -157F- 61100- 41125 -2 -01 24,000.00 Coordinator (PT) Teacher Assistants 302 - 110- 0000 - 0340 -157F- 61100- 41141 -2 -01 96,000.00 Supplemental Pay 302 - 110 - 0000 - 0340 -157F- 61100 - 41129 -2 -01 138,704.00 Stipends Retiree Health Credit 302 - 110 - 0000 - 0340 - 157E - 61100 - 42200 -2 -01 2,104.00 Social Security 302 - 110 - 0000 - 0340 -157F- 61100 - 42201 -2 -01 31,648.00 Virginia Retirement 302 - 110 - 0000 - 0340 - 157E - 61100 - 42202 -2 -01 39,727.00 System Health /Dental 302 - 110- 0000 - 0340 -157E- 61100- 42204 -2 -01 12,0000.00 Group Life Insurance 302 - 110 - 0000 - 0340 - 157E - 61100 - 42205 -2 -01 982.00 Purchased Services 302 - 110- 0000 - 0340 -157F- 61100- 43313 -2 -01 41,500.00 Travel - Mileage 302- 110- 0000 - 0340 -157F- 61310- 45551 -2 -01 4,000.00 Science Instructional 302 - 110 - 0000 - 0400 - 157E - 61100 - 41125 -3 -01 96,000.00 Coaches Math Remediation 302 - 110 - 0000 - 0400 - 157E - 61100 - 41121 -3 -01 45,0000.00 Teacher Math Tutors 302 - 110 - 0000 - 0400 - 157E - 61100 - 41121 -3 -01 57,600.00 Supplemental Pay 302 - 110 - 0000 - 0400 - 157E - 61100 - 41129 -3 -01 160,400.00 Stipends Database Administrator 302 - 110- 0000 - 0400 - 157E - 61100 - 41125 -3 -01 45,000.00 Retiree Health Credit 302 - 110 - 0000 - 0400 - 157E - 61100 - 42200 -3 -01 2,089.00 Social Security 302 - 110 - 0000 - 0400 - 157E - 61100 - 42201 -3 -01 30,907.00 Virginia Retirement 302 - 110 - 0000 - 0400 - 157E - 61100 - 42202 -3 -01 39,441.00 System Health /Dental 302 - 110- 0000 - 0400 -157E- 61100- 42204 -3 -01 12,000.00 Group Life Insurance 302 - 110 - 0000 - 0400 - 157E - 61100 - 42205 -3 -01 975.00 Purchased Services 302 - 110- 0000 - 0400 -157E- 61100- 43313 -3 -01 381,501.00 Travel - Mileage 302 - 110 - 0000 - 0400 - 157E - 61310 - 45551 -3 -01 4,000.00 Materials and Supplies 302 - 110 - 0000 - 0400 - 157E - 61100 - 46614 -3 -01 23,000.00 Computer Equipment 302 - 110- 0000 - 0400 -157E- 68100 - 48826 -3 -01 131,400.00 Contracted Services 302 - 110 - 0000 - 0420 -365F- 61100 - 43313 -2 -01 130.00 Instructional and 302 - 110- 0000 - 0420 -365F- 61100- 46614 -2 -01 1,870.00 Recreational Supplies Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 -157F- 00000 - 38377 -0 -00 1,575,078.00 State Grant Receipts 302 - 000 - 0000 - 0000 -365F- 00000 - 32712 -0 -00 2,000.00 162 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ecelia T. Webb Assistance Deputy City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39241 - 101711. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right -of -way in the City of Roanoke, as more particularly described hereinafter. WHEREAS, F.W. Webb Properties, LLC 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 §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 17, 2011, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject public right -of -way have been properly notified; and 1 1 163 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 11,296 square foot portion of right -of -way along Hillview Avenue, S. E., between the intersection of Moran Avenue and Hillview Avenue, and east to the City limit, adjoining Official Tax Nos. 4391304, 4391306 and 4400615. 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. 1 164 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. APPROVED AT S Cecelia T. Webb David A. Bowers Assistance Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of October, 2011. No. 39242-101711. A RESOLUTION approving the Roanoke Valley Alleghany Regional Commission ( RVARC) Regional Water Supply Plan. WHEREAS, Virginia State Water Control Board Regulation 9 VAC 25 -780, Local and Regional Water Supply Planning, requires all localities in the Commonwealth of Virginia to prepare and submit a water supply plan to the Department of Environmental Quality (DEQ); WHEREAS, the City of Roanoke is a participant in the RVARC Regional Water Supply Planning Group which has prepared a proposed Regional Water Supply Plan; 165 WHEREAS, on October 17, 2011, the City of Roanoke held a public hearing to accept public comment on the proposed Regional Water Supply Plan; and WHEREAS, the Regional Water Supply Plan will be submitted to the DEQ on or before November 2, 2011. NOW, THEREFORE BE IT RESOLVED that the Council of the City of Roanoke that it hereby: 1. Adopts the RVARC Regional Water Supply Plan as it pertains to the City of Roanoke. Approval and adoption of this regional plan indicates support for and general agreement with the regional planning approach, but does not indicate approval or disapproval of the conclusions and recommendations presented in the plan as they pertain to other localities. The City reserves the right to comment on specific water supply alternatives in the future even though such alternatives may be recommended in this adopted plan. The City will not be limited to specific water supply alternatives in this adopted plan and reserves the right to recommend additional alternatives for consideration in the future. 2. Intends that the Regional Water Supply Plan shall be revised to reflect changes in relevant data at least once every five years and that it be resubmitted to DEQ every ten years in accordance with regulations and sound planning practice. 3. Authorize the City Manager to execute on behalf of the City all documents, as may be necessary, related to the submission of the Regional Water Supply Plan; such documents to be approved as to form by the City Attorney. A ES Cecelia T. Webb Assistance Deputy City Clerk 1 APPROVED sz)-C-� David A. Bowers Mayor 166 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39243-110711. A RESOLUTION accepting a Local Government Challenge Grant to the City from the 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 accepts the Local Government Challenge Grant offered by the Virginia Commission for the Arts in the amount of $5,000.00 upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires at least a $5,000.00 local match, is more particularly described.in the report of the City Manager to Council dated November 7, 2011. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, a grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No 39244-110711. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 165 WHEREAS, on October 17, 2011, the City of Roanoke held a public hearing to accept public comment on the proposed Regional Water Supply Plan; and WHEREAS, the Regional Water Supply Plan will be submitted to the DEQ on or before November 2, 2011. NOW, THEREFORE BE IT RESOLVED that the Council of the City of Roanoke that it hereby: 1. Adopts the RVARC Regional Water Supply Plan as it pertains to the City of Roanoke. Approval and adoption of this regional plan indicates support for and general agreement with the regional planning approach, but does not indicate approval or disapproval of the conclusions and recommendations presented in the plan as they pertain to other localities. The City reserves the right to comment on specific water supply alternatives in the future even though such alternatives may be recommended in this adopted plan. The City will not be limited to specific water supply alternatives in this adopted plan and reserves the right to recommend additional alternatives for consideration in the future. 2. Intends that the Regional Water Supply Plan shall be revised to reflect changes in relevant data at least once every five years and that it be resubmitted to DEQ every ten years in accordance with regulations and sound planning practice. 3. Authorize the City Manager to execute on behalf of the City all documents, as may be necessary, related to the submission of the Regional Water Supply Plan; such documents to be approved as to form by the City Attorney. APPROVED A ES Cecelia T. Webb David A. Bowers Assistance Deputy City Clerk Mayor 1 167 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Roanoke Symphony Orchestra 35- 410 - 8746 -3736 $ 2,500.00 Opera Roanoke 35- 410 - 8746 -3762 2,500.00 Revenues Local Challenge Grant FY12 35 -410- 8746 -8746 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: � � • Dorf Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39245-110711. A RESOLUTION authorizing acceptance of the 2011 Secure Our Schools Grant made to the City of Roanoke by the United States Department of Justice, Office of Community Policing 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 United States Department of Justice, Office of Community Policing Services, the 2011 Secure Our Schools Grant in the amount of $333,813.00, with a local match required from the Roanoke City Public Schools in the amount of $333,813.00, for a total amount of $667,626.00, to be used to support the purchase and installation of security related equipment upgrades at the Roanoke City Public Schools, such grant being more particularly described in the report of the City Manager to Council dated November 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 by the United States Department of Justice, Office of Community Policing Services in connection with the acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39246-110711. AN ORDINANCE to appropriate funding from the United States Department of Justice, Office of Community Oriented Policing Services, for the Secure Our Schools Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment ( <$5,000.00) 35- 640 - 3670 -2035 $49,626.00 Program Supplies 35- 640 - 3670 -2066 17,500.00 Other Equipment 35- 640 - 3670 -9015 600,500.00 Revenues Secure Our Schools FY12- Federal 35- 640 - 3670 -3670 333,813.00 Secure Our Schools FY12 -RCPS 35- 640 - 3670 -3671 333,813.00 �l 169 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: kl�T �„�.;�..� - rr a 1��j Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39247-110711. A RESOLUTION accepting a grant from the Department of Housing and Urban Development (HUD) and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Office of Healthy Homes and Lead Hazard Control's FY2011 Lead -based Paint Hazard Control Grant from HUD in the amount of $1,855,733.00, all of which is more particularly described in the City Manager's letter dated November 7, 2011, to City Council. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, any and all documents required by HUD pertaining to such grant, such documents approved as to form by the City Attorney, and to furnish such additional information as may be required by HUD in connection with the grant. C 170 3. The execution of any document by the City Manager prior to the date of this Resolution consistent with the City Manager's letter dated November 7, 2011, to City Council is hereby ratified. APPROVED ATTEST: Stephanie M. Moon, MMC SQVid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39248-110711. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Lead Hazard Control Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary 35- 615 - 8153 -1002 $ 262,704.00 City Retirement 35- 615 - 8153 -1105 47,391.00 FICA 35- 615 - 8153 -1120 20,097.00 Medical Insurance 35- 615 - 8153 -1125 30,240.00 Dental Insurance 35- 615- 8153 -1126 1,872.00 Life Insurance 35- 615- 8153 -1130 735.00 Disability Insurance 35- 615 - 8153 -1131 1,962.00 Fees for Professional Services 35- 615 - 8153 -2010 6,050.00 Training 35- 615 - 8153 -2044 9,000.00 Travel 35- 615- 8153 -8052 21,258.00 Supplies 35- 615 - 8153 -8055 26,176.00 Relocation 35- 615 - 8153 -8254 70,200.00 Lead Testing and Clearance 35- 615 - 8153 -8255 147,370.00 LHC Single Family Units 35- 615 - 8153 -8256 720,000.00 LHC Rental Units 35- 615 - 8153 -8257 480,000.00 1 1 Other Direct Costs Healthy Homes Units Revenues Lead Hazard Control Grant FY12 Lead Hazard Control Grant FY12 -Local 35- 615- 8153 -8258 35- 615- 8153 -8258 35- 615- 8153 -8153 35- 615- 8153 -8154 171 20,678.00 90,000.00 1,855,733.00 100,000.00 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39249-110711. A RESOLUTION renaming a segment of Tuckawana Circle located to the south of Highland Farm Road, N. W., to Trane Drive. 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, Tuckawana Circle, N. W., was established and named by subdivision plat recorded in 1967, such property being located in Roanoke County at the time of the subdivision; WHEREAS, when the southern segment of Tuckawana Circle, N. W., which is the subject of this ordinance was established, it was named as a continuation of Tuckawana Circle, N. W.; WHEREAS, while it is desirable to have the name of a street that continues through an intersection the same on both sides of the intersection, the southern segment of Tuckawana Circle, N. W., is a short dead -end street that should not have the "Circle" designation; and 172 WHEREAS, the legal requirements of Section 30 -34 of the Code of the City of Roanoke (1979), as amended, have been satisfied by virtue of all adjoining property owners of the southern segment of Tuckawana Circle, N. W., requesting the subject name change, and the Council of the City of Roanoke believes such change promotes the public health, safety and welfare. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The segment of Tuckawana Circle, N. W., located to the south of Highland Farm Road, N. W., is hereby designated and renamed as Trane Drive, as set forth in the City Manager's report dated November 7, 2011, to City Council; 2. The City Engineer is hereby directed to cause the renamed street mentioned above to be appropriately noted on all maps and plats lodged in his care and to cause the placement of the appropriate street name on all signs on such street, and the City Manager, or the City Manager's designee, is directed to notify adjoining property owners of such change; and 3. 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 change. APPROVED ATTEST: A4k", ro - hir,, Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7t" day of November, 2011. No. 39250-110711. 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: 173 1. The City shall pay, upon request, to any City employee who is a military reservist/national guard and who, between October 1, 2011, and September 30, 2012, 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. 4. The aforegoing policy is more particularly described in the report of the City Manager to Council dated November 7, 2011. . APPROVED ATTEST: *941vt- - -rn. Q i ! �: � r Q wcxt� � Stephanie M. Moon, MMC d A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39251-110711. A RESOLUTION authorizing the City Manager to amend the 2010 -2015 Consolidated Plan regarding Community Development Block Grant (CDBG) funding, HOME Investment Partnership (HOME) funding, and Emergency Shelter Grant (ESG) funding, and to submit and execute necessary documents to the U.S. Department of Housing and Urban Development (HUD). L 174 BE IT RESOLVED by the Council of the City of Roanoke that the amendments to the 2010 -2015 Consolidated Plan, as more particularly set forth in the City Manager's letter dated November 7, 2011, to this Council, are approved, and the City Manager is hereby authorized to execute and submit to HUD any Grant Agreements, Funding Approved and all necessary documents approved as to form and execution by the City Attorney in connection with such amendments, such authorization subject to there being no compelling objections received prior to the end of the public comment period. APPROVED ATTEST: nn- , aQ57uwMM� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7t" day of November, 2011. No. 39252-110711. AN ORDINANCE to appropriate additional funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program and Emergency Shelter Grant Program (ESG), amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME Unprogrammed Funds HOME Unprogrammed CHDO Funds ESG -TAP Transitional Living Center Lead Safe Roanoke Match TAP African American Male Studies Children's Trust Family Advocacy Unprogrammed CDBG Solar Compactors Park Upgrades 35- 090 - 5380 -5482 $147,636.00 35- 090 - 5380 -5572 26,054.00 35 -E12- 5282 -5253 1,671.00 35-G12-1219-5588 50,000.00 35 -G 12- 1238 -5554 25,000.00 35 -G 12- 1238 -5569 27,000.00 35-G12-1241-5189 6,660.00 35 -G 12- 1244 -5568 45,000.00 35 -G 12- 1244 -5589 207,323.00 G' C 1 Revenues HOME Entitlement 11 -12 ESG Entitlement 11 -12 CDBG Entitlement 11 -12 175 35- 090 - 5380 -5380 173,690.00 35-E12-5282-5282 1,671.00 35 -G 12- 1200 -3201 360,983.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: *+L-, rn - Stephanie M. Moon, MMC %�DpDavi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39253-110711. A RESOLUTION accepting a Commonwealth of Virginia Department of Rail and Public Transportation (VDRPT) Grant for operation of the Smart Way Connector Bus; authorizing the City Manager to execute a grant agreement between the City and VDRPT for such grant funds; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such grant funds in order to assist and /or allow the Greater Roanoke Transit Company (GRTC) to operate the Smart Way Connector Bus service. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the VDRPT Grant in the amount of $150,000.00 to the City of Roanoke to cover the City's local share costs to GRTC for the first year of the transportation services as further set forth in the City Manager's Report dated November 7, 2011, to this Council. 2. The City Manager is hereby authorized to execute a VDRPT Rail Enhancement Fund Grant Agreement substantially similar to the one attached to the above City Manager's Report to this Council, such Agreement to be approved as to form by the City Attorney. �I 176 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such grant funds in order to assist, and /or allow the Greater Roanoke Transit Company (GRTC) to operate the Smart Way Connector Bus service, as set forth in the above City Manager's Report to this Council, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: 144�, �� - �DQLZWV�� Stephanie M. Moon, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of November, 2011. No. 39254-110711. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Rail and Public Transportation for the Smart Way Connector Bus, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Smart Way Connector Bus FY12 35- 410 - 8750 -2010 $ 150,000.00 35- 410- 8750 -8750 150, 000.00 1 1 n ;J 177 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Dv,y� qav Step hanie M. Moon, MMC GAB City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE,,VIRGINIA, The 7t" day of November, 2011. No. 39255 - 110711. AN ORDINANCE to transfer funding between Preston Park, Morningside, Westside and Monterey Building Improvement School Capital projects, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from QSCB -2010A Bonds Appropriated from QSCB -2010A Bonds Appropriated from QSCB -2010A Bonds Appropriated from QSCB -2010A Bonds Revenues QSCB- Energy Improvement Projects QSCB- Energy Improvement Projects QSCB- Energy Improvement Projects QSCB- Energy Improvement Projects 31- 065 - 6077 -9303 $ (38,415.00) 31- 065 -6078 -9303 125,514.00 31 -065- 6079 -9303 131,030.00 31- 065 - 6080 -9303 (218,129.00) 31- 065 - 6077 -6100 (38,415.00) 31- 065 -6078 -6100 125,514.00 31- 065 - 6079 -6100 131,030.00 31- 065 - 6080 -6100 (218,129.00) 178 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 9 a-n. rn o ,.) Stephanie M. Moon, l0imc David A. Bowers City Clerk Mayor 1 1 179 WHEREAS, Mr. Williamson was an avid naturalist, who started a monthly bird - watching column in The Roanoke Times in 2002, in which readers of the sports section could take a break from the world of competition and read about the fall hawk migration up on Rocky Knob, the brief and distinctive presence of nighthawks in the Roanoke Valley, and many other observations about the avian world; WHEREAS, Mr. Williamson was a voracious lover of books, rarely seen without one, who developed an encyclopedic knowledge of a wide range of subjects, and was once quoted as saying "I probably spend way too much time reading "; WHEREAS, Mr. Williamson's sonorous baritone was -one of the most recognizable on -air voices in the region, equaled by his gift of inviting his listeners into his world, with musings about everything from poetry to butterflies to life —what colleagues at WVTF remember as a deep personal connection with the audience;, and WHEREAS, the death of Seth Williamson leaves a terrible void in the Blue Ridge region, but although his voice may be silenced, his spirit and his memory still soar for his legions of fans, friends, and loved ones. 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 Seth Williamson, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Williamson's daughters, Emily Williamson and Deirdre Jain, as well as to the staff at WVTF Public Radio. ATTEST: 1 k_4" � re �0,,, Stephanie M. Moon, MMC City Clerk 1 APPROVED David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of November, 2011. No. 39257-112111. A RESOLUTION supporting the ban on uranium mining in Virginia. WHEREAS, the City Council of the City of Roanoke, Virginia, recognizes that clean water, clean air, and a healthful environment are critically important resources of the City and its surrounding region; WHEREAS, the future economic development of our City and region are closely related to this region's healthy and pollution -free environment and natural beauty that currently make it so desirable as a destination for visitors and new residents; WHEREAS, in response to proposed uranium mining in the Commonwealth of Virginia, the Virginia General Assembly in 1983 enacted a legislative moratorium on uranium mining in this state, which remains in effect today; WHEREAS, a company known as Virginia Uranium, Inc., has proposed establishing one of the largest uranium mining operations in North America at Coles Hill, in Pittsylvania County, Virginia, and has stated to its investors that it will seek legislation to repeal the moratorium in the 2012 session of the General Assembly; WHEREAS, the mining operations proposed by Virginia Uranium, Inc., are expected to result in large quantities of airborne radioactive dust and in highly mobile radioactive mill tailings which must be stored as sludge in ponds and eventually in dewatered tailings piles that can retain 85 percent of their original radioactivity for thousands of years; WHEREAS, it is possible that these sludge ponds and tailings pile confinement structures could fail, resulting in the release of radioactive materials into surface waters and the surrounding environment; WHEREAS, unlike almost all uranium mining operations in North America that are currently located in and regions or in areas remote from population, the Coles Hill site is in the Roanoke River basin, which serves as a drinking water source for over one million people in Virginia and North Carolina, including several military bases, a source that would face increased risks associated with uranium mining and milling and storage of radioactive wastes; 1 ��� WHEREAS, other localities in Virginia, including but not limited to the counties of Culpeper, Fauquier, Floyd, Madison, Orange, and Patrick, have been identified as potential sites for additional mining, thereby extending the effects of such mining far beyond Pittsylvania County; WHEREAS, a largenumber of local and regional governing bodies and citizen groups in Virginia and North Carolina have adopted resolutions calling upon the Virginia General Assembly to keep in place the current moratorium on uranium mining; and WHEREAS, it is highly probable that the social and psychological effects of uranium mining will be overwhelmingly negative, without regard to the assurances in any study of the safety of uranium mining, and will result in business, industry, and population deciding to locate in areas other than those in proximity to uranium mining. NOW, THEREFORE, BE IT .RESOLVED by the Council of the City of Roanoke that: 1. Council opposes lifting the moratorium on uranium mining in Virginia in the 2012 Session of the General Assembly. 2. The City Clerk is directed to send a copy of this Resolution to each member of the City's legislative delegation and to all groups currently studying uranium mining in the Commonwealth of Virginia. APPROVED ATTEST: �y tyo It'j Stephanie M. Moon, MMC David . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of November, 2011. No. 39258-112111. 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. 1 182 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 $21,823.00 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 November 21, 2011. 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: ��- Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of November, 2011. No. 39259-112111. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment 35- 140 - 5909 -9010 $21,823.00 Revenues SCAAP FY12 35 -140- 5909 -5909 21,823.00 1 1 183 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: - 4n, Stephanie M. Moon, MMC Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of November, 2011. No. 39260-112111. A RESOLUTION authorizing acceptance of the FY2012 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the FY2012 Fire Programs Funds Grant in the amount of $247,483.00, with no local match, such grant being more particularly described in the report of the City Manager to (council dated November 21, 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 by the Department of Fire Programs in connection with the acceptance of the foregoing grant. APPROVED ATTEST: kt��- YNC-) - 0 a)� 4-"' �10 Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of November, 2011. No. 39261-112111. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2011- 2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000.00 35- 520 - 3341 -2035 $ 72,483.00 Training and Development 35 -520- 3341 -2044 10,000.00 Wearing Apparel 35- 520 -3341 -2064 100,000.00 Recruiting 35- 520 - 3341 -2065 5,000.00 Regional Fire Training Academy 35- 520 - 3341 -9073 60,000.00 Revenues Fire Program FY12 35- 520 - 3341 -3341 247,483.00 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: *��- - ra lvl-� Ta' Stephanie M. Moon, MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of November, 2011 No. 39262-112111. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and local grants for various educational programs, amending and reordaining certain sections of the 2011 -2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 1 r 1 BE IT ORDAINED by the Council of the City of Roanoke sections of the 2011 -2012 School Grant Fund Appropriations be, hereby, amended and reordained to read and provide as follows: Appropriations Teachers Social Security Health Insurance Materials & Other Supplies Advertising /Outreach Contracted Services Materials & Supplies Materials & Supplies Materials & Supplies Virginia Retirement System Health /Dental Insurance Mileage Instructional Supplies Assessments Advertising Revenues Local Match Federal Grant Receipts Federal Grant Receipts Federal Grant Receipts State Grant Receipts pr • that the following and the same are 302 - 160- 0000- 1304 -101 F-61100-41121-9-07 $ 2,485.00 302 - 160- 0000 - 1304 -101 F- 61100- 42201 -9 -07 190.00 302 - 160- 0000 - 1304 -101 F- 61100- 42204 -9 -07 196.00 302 - 160- 0000 - 1304 -101 F- 61100- 46614 -9 -07 1,165.00 302 - 160- 0000 - 1304 -101 F- 61100- 43361 -9 -07 400.00 302 - 110 - 1102 - 0300 -123F- 61100 - 43313 -2 -05 3,000.00 302 - 150- 1305- 0300 -171 F- 61100- 46614 -2 -01 1,000.00 302 - 150- 1305- 0380 -171 F- 61100- 46614 -2 -01 1,000.00 302 - 150- 1305- 0370 -171 F- 61100- 46614 -2 -01 1,000.00 302 - 110- 0000 - 1000 -305F- 61100- 42202 -9 -09 1,526.00 302 - 110 - 0000 - 1000 -305F- 61100 - 42204 -9 -09 5,330.00 302 - 110- 0000 - 1000 -305F- 61100- 45551 -9 -09 750.00 302 - 110- 0000 - 1000 -305F- 61100- 46614 -9 -09 (1,050.00) 302 - 110 - 0000 - 1000 -305F- 61100 - 45584 -9 -09 (3,000.00) 302 - 110- 0000 - 1000 -305F- 61100- 43361 -9 -09 (1,000.00) 302 - 160 -LMAT- 0000 -101 F- 00000 - 72000 -0 -00 646.00 302 - 000 - 0000 - 0000 -101 F- 00000 - 38002 -0 -00 3,790.00 302 - 000 - 0000 - 0000 -123F- 00000 - 38287 -0 -00 3,000.00 302 - 000 - 0000 - 0000 -171 F- 00000 - 38076 -0 -00 3,000.00 302 - 000 - 0000 - 0000 -305F- 00000 - 32220 -0 -00 2,556.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: �'�� btu e � Stephanie M. Moon,, MMC City Clerk APPROVED David A. owers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of November, 2011. No. 39263-112111. 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 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 November 21, 2011, pursuant to § §15.2- 1800(B) and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents, providing for the conveyance 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 $30,000.00, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated November 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. 1 ATTEST: OVAAAM^ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor J 187 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of November, 2011. No. 39264-112111. AN ORDINANCE authorizing the proper City officials to execute a contract to sell to 425 Church Avenue, LLC, certain City owned property located at 425 Church Avenue, S. W, Roanoke, Virginia, 24016, and identified as Tax Map Nos. 1011206, 1011209, and 1011210, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matter on November 21, 2011, pursuant to Sections 15.2- 1800 and 15.2 -1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of such property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a contract to sell to 425 Church Avenue, LLC, certain City owned property located at 425 Church Avenue, S. W., Roanoke, Virginia, 24016, and identified as Tax Map Nos. 1011206, 1011209, and 1011210, upon certain terms and conditions as set forth in the contract attached to the City Manager's Report to this Council dated November 21, 2011. Such contract is to be substantially similar to the one attached to such report, and in a form approved by the City Attorney. 2. The City Manager is further authorized to execute such further documents, including a Deed of Conveyance, and take such further actions-4s may be necessary to accomplish the above matters and complete the sale of the above- mentioned property to 425 Church Avenue, LLC, with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above - mentioned contract and any subsequent documents. 1 • • 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of November, 2011. No. 39265- 112111. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, 806 Wasena Avenue, LLC (formerly Ice House, LLC), has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have properties located at 816, 820, 824 and 828 Wasena Avenue, S. W., bearing Official Tax Map Nos. 1130306, 1130305, 1130304, and 1130303, respectively, rezoned from RM -1, Residential Mixed Density, to UF, Urban Flex District, with conditions, for use of the properties as off -site parking; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and 1 • 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, requires the rezoning of the subject property, 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 Map Nos. 1130306, 1130305, 1130304, and 1130303, be, and are hereby rezoned from RM -1, Residential Mixed Density, to UF, Urban Flex District, with conditions, subject to the proffers contained in the Zoning Amended Application No. 1, dated September 26, 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: Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of November, 2011. No. 39266-112111. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. 1 WHEREAS, David Thompson, on behalf of D & S Development, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have property located at 3008 and 3016 Williamson Road, N. W., 2728 Chatham Street, N. W., and a vacant lot to the West, bearing Official Tax Map Nos. 2070402, 2070403, 2070404 and 2070414, respectively, rezoned from RMF, Residential Multifamily District, to CG, Commercial - General District, with conditions, for use of the property as a retail sales establishment; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires 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 Nos. 2070402, 2070403, 2070404 and 2070414, be, and are hereby rezoned from RMF, Residential Multifamily District, to CG, Commercial - General District, with conditions, subject to the proffers contained in the Zoning Amended Application No. 2, dated September 9, 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: Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor 1 1 191 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of November, 2011. No. 39267-112111. 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, by amending certain proffers adopted by City Council in Ordinance No. 38951 - 092010, on September 20, 2010, pertaining to certain property located at 3454 Cove Road, N. W.; and dispensing with the second reading by title of this ordinance. WHEREAS, Luz E. Rodriquez, on behalf of Iglesia de Dios Pentecostal M.I., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to amend certain proffered conditions as they pertain to 3454 Cove Road, N. W., bearing Official Tax Nos. 6440211 and 6440210, respectively; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 21, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amending of certain proffers as they pertain to property located at 3454 Cove Road, N. W., bearing Official Tax Nos. 6440211 and 6440210, respectively, as set forth in the Zoning Amended Application No. 1 dated September 23, 2011. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 192 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 Nos. 6440211 and 6440210, be, and are hereby rezoned by amending Proffered Conditions 1 and 2, as such proffers are set forth in the Zoning Amended Application No. 2, filed on August 19, 2010, and accepted, by City Council by the adoption of Ordinance No. 38951- 092010, as they pertain to the parcels of land at 3454 Cove Road, N. W., bearing Official Tax Nos. 6440211 and 6440210, all of which is set forth in the Amendment of Proffered Conditions Amended Application No. 1, dated September 23, 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: Q) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of November, 2011. No. 39268-112111. AN ORDINANCE exempting from real estate property taxation certain property of Roanoke Valley Student Trouble Center, Inc., d /b /a Trust House, located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, Roanoke Valley Student Trouble Center, Inc., d /b /a Trust House, (hereinafter "the Applicant "), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 21, 2011; 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; 193 WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1020611, commonly known as 404 Elm 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, 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 Roanoke Valley Student Trouble Center, Inc., d /b /a Trust House, as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City Tax Map No. 1020611, commonly known as 404 Elm 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, 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, 2012, 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 Colbert Boyd, President, and the authorized agent of Roanoke Valley Student Trouble Center, Inc., d /b /a Trust House. 1 194 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC DaVVi owe rs City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of November, 2011. No. 39269-112111. AN ORDINANCE exempting from real estate property taxation certain real property, and exempting from personal property taxation certain personal property, located in the City of Roanoke owned by Grandin Theatre Foundation, Inc., and Silver Screen, LLC, the former being an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, Grandin Theatre Foundation, Inc., and Silver Screen, LLC (hereinafter "the Applicant "), have petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, the Grandin Theatre Foundation, Inc., has petitioned this Council to exempt certain personal property of the Applicant from taxation pursuant to Article X, Section 6(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on November 21, 2011; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1330502, commonly known as 1310 Grandin Road, S. W., (the "Property "), and owned by the Applicant, shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis; 195 WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge, in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation -is certain personal property, including four theatre screens, four projection /sound equipment systems, fixed seating and various concession items such as popcorn machines and point of sale machines which shall be used by the Applicant exclusively for charitable purposes on a non - profit basis. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates the Grandin Theatre Foundation, Inc., as a charitable or benevolent organization within the context of Sections 6(a)(6) and 6(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1330502, commonly known as 1310 Grandin Road, S. W., and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non - profit basis; continuance of this exemption shall be contingent on the continued use of the property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke on or before October 5 of each year a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy, which would be applicable to the Property, were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. 3. Council hereby exempts from personal property taxation certain personal property, including four theatre screens, four projection /sound equipment systems, fixed seating and various concession items such as popcorn machines and point of sale machines owned by the Applicant, which property is used exclusively for charitable purposes on a non - profit basis; continuance of this exemption shall be contingent on rthe continued use of the personal property in accordance with the purposes which the Applicant has designated in this Ordinance. 4. This Ordinance shall be in full force and effect on January 1, 2012, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 1 196 5. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Katherine Chittum, Executive Director Grandin Theatre Foundation, Inc. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 8/owM��es Stephanie M. Moon MMCv Qa d Bowers Step , City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ,k The 5th day of December, 2011. No. 39270 - 120511. AN ORDINANCE authorizing the City Manager to execute an Intergovernmental Agreement ( "Agreement "), with Roanoke County ( "County ") concerning the Regional 800 MHz Trunking Radio System ( "System "), upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke ( "City ") entered into an agreement with Roanoke County on December 17, 1997, for the joint installation and maintenance of the System, which agreement has been amended several times to accommodate changes to operation of the System; WHEREAS, the County of Roanoke has upgraded its share of the System equipment to a digital standard, and the City of Roanoke expects to upgrade its share of the System equipment to a digital standard by May 2012; and WHEREAS, the parties have determined that it is in the localities' best interests to terminate the existing agreement, and enter into a new agreement that governs the joint installation and maintenance of the System which incorporates the digital standard, rather than continuing to amend the 1997 agreement. 1 197 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute on behalf of the City of Roanoke, in a form approved by the City Attorney, an Agreement with Roanoke County that governs the obligations of the parties with respect to maintenance, operation, and costs of the System, in connection with the transition of the System from an analog standard to a digital standard, such Agreement to be upon such terms and conditions as are more particularly described in the report of the City Manager dated December 5, 2011, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: M - i-q Dori 404M� aQZ9 Stephanie M. Moon, MNV David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5t" day of December, 2011. No. 39270 - 120511. AN ORDINANCE authorizing the City Manager to execute an Intergovernmental Agreement ( "Agreement "), with Roanoke County ( "County ") concerning the Regional 800 MHz Trunking Radio System ( "System "), upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke ( "City ") entered into an agreement with Roanoke County on December 17, 1997, for the joint installation and maintenance of the System, which agreement has been amended several times to accommodate changes to operation of the System; WHEREAS, the County of Roanoke has upgraded its share of the System equipment to a digital standard, and the City of Roanoke expects to upgrade its share of the System equipment to a digital standard by May 2012; and 1 WHEREAS, the parties have determined that it is in the localities' best interests to terminate the existing agreement, and enter into a new agreement that governs the joint installation and maintenance of the System which incorporates the digital standard, rather than continuing to amend the 1997 agreement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute on behalf of the City of Roanoke, in a form approved by the City Attorney, an Agreement with Roanoke County that governs the obligations of the parties with respect to maintenance, operation, and costs of the System, in connection with the transition of the System from an analog standard to a digital standard, such Agreement to be upon such terms and conditions as are more particularly described in the report of the City Manager dated December 5, 2011, to this Council. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39271-121911. A RESOLUTION paying tribute to Dr. Raymond D. Smoot, Jr., on the occasion of his upcoming retirement from Virginia Tech in July 2012 as chief executive officer of the Virginia Tech Foundation. WHEREAS, Dr. Smoot, who hails from Lynchburg, Virginia, enrolled as a student at Virginia Tech in 1965, became president of the Student Government Association in 1968, interned with then - President Marshall Hahn, and graduated in 1969 as one of several distinguished alumni who would go on to become leaders at the university; 1 EANOWAOWA WHEREAS, after undertaking a Ph.D. program at Ohio State University, Dr. Smoot returned to Blacksburg in 1975 and worked for the legendary Stuart Cassell, the only other person to lead the Virginia Tech Foundation since its creation in 1948; WHEREAS, Dr. Smoot, who began his tenure at the Foundation in a part -time capacity, would go on to amass a portfolio of titles at Virginia Tech that included assistant vice president for administration, vice president for business affairs, vice president for finance, vice president for administration, treasurer, and even interim athletic director, ultimately becoming Virginia Tech Foundation CEO in 2003, its first full - time executive leader; WHEREAS, during Dr. Smoot's time with the Foundation, its total assets have increased from $11 million, including revenues of $3.5 million and a $4 million endowment, to $1.15 billion, with annual revenues exceeding $160 million and an endowment that recently topped $600 million; WHEREAS, among his numerous accomplishments, Dr. Smoot was tapped in 1989 to lead the complex effort to partner with the City of Roanoke to redevelop the historic Hotel Roanoke and add a conference center, resulting in a flagship facility that helps anchor a vibrant downtown and has a significant economic impact; WHEREAS, with his strong commitment to a regional approach to economic development, Dr. Smoot's leadership has been instrumental in a number of other projects that have benefited the City, including the Roanoke Higher Education Center and the Virginia Tech Carilion School of Medicine, in addition to his work on behalf of the Virginia Tech Corporate Research Center and NewVa Capital Partners; WHEREAS, Dr. Smoot, named this year by Virginia Business Magazine as one of the "25 best connected business leaders in Virginia," has extended his leadership role in Roanoke through his service on the board of directors for Carilion Clinic and the Roanoke Regional Chamber of Commerce, among others; WHEREAS, those who know Dr. Smoot speak of his work ethic and his dedication, calling him an articulate and persuasive advocate for community development, a tireless leader who never stops thinking about the next project, and a go -to executive who "bleeds orange and maroon "; WHEREAS, Dr. Smoot has for many years embraced the mutually beneficial relationship between the Roanoke Valley and Virginia Tech, devoted his career to the advancement of both the university and southwest Virginia, and has left an indelible mark on the Roanoke Region that has helped set a course for its future prosperity. 1 200 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending Dr. Raymond D. Smoot, Jr., for his many years of dedicated service to Virginia Tech and fostering its role in the advancement of the Roanoke Valley. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Raymond D. Smoot, Jr. APPROVED ATTEST: A , M, Stephanie M. Moon, M QlaVi2 Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39272-121911. A RESOLUTION paying tribute to William M. Hackworth on the occasion of his retirement upon nearly 23 years of service with the City of Roanoke. WHEREAS, Mr. Hackworth was born in Richmond, Kentucky, received his B.A. in Political Science from the Ohio State University in 1970, his J.D. from the University of Virginia's School of Law in 1973, and later a Masters in Public Administration from U.Va.'s School of Government and Foreign Affairs in 1981; WHEREAS, Mr. Hackworth launched his law career by working as a clerk for the Honorable Ted Dalton in the U.S. District Court for the Western District of Virginia in Charlottesville, completed a term of service in the United States Army stationed at Fort Still, Oklahoma, was honorably discharged as a Captain, then returned to the legal world as a trial attorney with the U.S. Department of Justice in Washington; WHEREAS, Mr. Hackworth came to the City of Roanoke in 1978 when he joined the staff of the City Attorney's Office as an Assistant City Attorney, left in 1988 to become County Attorney for York County, Virginia, but came back to Roanoke in 1999 to take the job of City Attorney; i 201 WHEREAS, during his most recent tenure, Mr. Hackworth was instrumental in guiding the City's adoption of entirely new zoning and subdivision codes and modernizing the Code of the City of Roanoke, and played a key role in the City's establishment of conservation easements in the Carvins Cove and Mill Mountain areas; WHEREAS, Mr. Hackworth helped the City navigate the complex contractual and financing issues involved in the recently completed renovation of downtown's historic City Market Building; assisted in many Economic Development projects, including helping develop the Roanoke Centre for Industry and Technology, WOMETCO Coca - Cola, and winning the Valley View rezoning challenge; and was also instrumental in establishing the Architectural Review Board and various historic districts within the City, and the creation of the Western Virginia Water Authority; WHEREAS, in his role as City Attorney Mr. Hackworth's leadership has helped guide the professional development of his staff and co- workers who have gone on to serve in other local government attorneys' offices and private firms throughout the Commonwealth; WHEREAS, writing has also been a hallmark of Mr. Hackworth's career, ranging from the chapter titled "Council at Work" for the Virginia Municipal League's Handbook for Virginia Mayors and Council Members to a bibliography for the LGA Handbook of Virginia Local Government Law to his own William Hackworth of Bedford County, Virginia: Revolutionary Soldier, and writing will continue to figure prominently in his retirement; WHEREAS, Mr. Hackworth is a member of the Virginia State Bar Association (Local Government and Public Contracts Section), the Roanoke Bar Association (Board member from 2000 to 2002), the International Municipal Lawyers Association, and is a past president, vice - president and treasurer of both the Virginia Local Government Attorneys Association and the York - Poquoson Bar Association; WHEREAS, Mr. Hackworth recently received the Local Government Attorneys' 2011 Edward J. Finnegan Award for Distinguished Service for his outstanding contributions to local government, capping a collection of accolades and achievements that have marked both his academic and professional experience; WHEREAS, Mr. Hackworth has enjoyed active involvement with numerous community institutions and organizations including Virginia Western .Community College, the Western Virginia Land Trust, the Historical Society of Western Virginia, the Friends of the Blue Ridge Parkway, Friends of the Roanoke Public Libraries, Raleigh Court Civic League, Boy Scouts of America, and others; �1 202 WHEREAS, Mr. Hackworth, whose adventurous spirit made headlines in the Roanoke Times when he rode his bicycle the full 469 miles of the Blue Ridge Parkway for his 60th birthday, welcomes further adventures in retirement as he plans to follow his official departure from the City by tackling the Appalachian Trail in 2012; and WHEREAS, after a more than three - decade career in local government that epitomizes the highest standards of excellence, Mr. Hackworth will be remembered well not just for his legal expertise but also for his professionalism, intelligence, honesty, integrity, and judgment in serving the City of Roanoke, its employees, and its citizens. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke: 1. That it expresses a sincere appreciation to William M. Hackworth for his dedicated service to the citizens of the City of Roanoke, Virginia. 2. That it recognizes the exemplary dedication shown by William M. Hackworth to the highest standards of professional performance and service. 3. That an attested copy of this Resolution shall be forwarded to William M. Hackworth. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk _Q David A. Bowers Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39273-121911. A RESOLUTION recommending adoption of Alternative C of the proposed Blue Ridge Parkway Final Draft General Management Plan /Environmental Impact Statement dated September 2011, with modifications to address concerns of the City of Roanoke. WHEREAS the National Park Service has promulgated the Blue Ridge Parkway Final Draft General Management Plan /Environmental Impact Statement dated September 2011 ( "Plan ") and has extended its comment period for the City of Roanoke until December 20, 2011; '1 1 203 WHEREAS, the Blue Ridge Parkway ( "Parkway ") contributes greatly to the quality of life in Roanoke and is a critical economic and tourism asset for our entire region; WHEREAS, the Plan presents three alternatives, A, B and C, for future management of the "Parkway "; WHEREAS, all Alternatives recommend coordinating with the City of Roanoke and others on the Roanoke trail plan to develop trails and provide trail connections; WHEREAS, all Alternatives recommend using public education, revegetation of disturbed areas, and barriers to control "social trailing" without providing for reasonable and safe alternatives for hikers, bicyclists, and equestrians to access the Parkway; WHEREAS, none of the Alternatives incorporates the National Park Service's "Healthy Parks, Healthy People," "Pathways to Healthy Living," and "America's Great Outdoors" initiatives, which seek to encourage active recreation; WHEREAS, Alternative A is a "no action" alternative that would continue existing management and trends; WHEREAS, Alternative B is the National Park Service preferred alternative and would direct that the Parkway be managed as a self- contained, scenic, recreational driving experience and designed landscape, with enhanced opportunities for dispersed outdoor recreation opportunities; WHEREAS, Alternative B would guide the Parkway to "establish an agreement with the City of Roanoke for partnership management of the Mill Mountain spur road area" and convert the Roanoke Mountain Campground to a day -use area; WHEREAS, the City of Roanoke does not have the financial capability and should not be requested to undertake any action that is currently within the purview of the National Park Service, including the ownership, lease, or operation of any land or facility; WHEREAS, there is demand for more campsites in the Roanoke area according to the Virginia Outdoor Recreation Plan; WHEREAS, Alternative C would guide the Parkway to be more integrated with the larger region's resources and economy and linking to regional natural, recreational and cultural heritage resources and experiences; 1 204 WHEREAS, the general premise of Alternative C is the most beneficial to the City of Roanoke as it includes a potential Parkway information desk and programs in Roanoke; expanded information and orientation capabilities at Virginia's Explore Park; connections between multiuse Parkway paths and community trails; continued Parkway management of the Roanoke Mountain and Mill Mountain spur road areas; and improvements to the Roanoke Mountain Campground; WHEREAS, Alternative C proposes flexibility of function in all recreation areas to adapt to changing visitor needs and includes mountain biking as an approved recreation activity at a Parkway facility in North Carolina; and WHEREAS, the City of Roanoke continues to recommend that the National Park Service incorporate those written comments that the City submitted in 2008 in support of Alternative C with modifications. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. Council recommends adoption of Alternative C of the Plan by the National Park Service with the following modifications to address the concerns of the City of Roanoke: a. Recognize that the Parkway is enjoyed as a national recreational resource by more than the motoring public, and incorporate the National Park Service's "Call to Action: Preparing for a Second Century of Stewardship and Engagement," and "Healthy Parks, Healthy People," "Pathways to Healthy Living," and "America's Great Outdoors" initiatives and encourage active recreation in all of the Alternatives; b. Identify increased federal funding for roadway maintenance; C. Consult with local stakeholders to evaluate social trails and provide for reasonable and safe access for hikers, bicyclists, and equestrians to the Parkway before closing social trails; d. Support unpaved multiuse trails designed for shared use by hikers, mountain bikers, and equestrians; e. Work with local stakeholders to develop a solution to providing mountain bike access to the Chestnut Ridge loop; f. Accommodate increasing Parkway bicycle use with paved shoulders rather than adding separate paved bike paths; I I i L 205 g. Improve Parkway visitor orientation services at Explore Park and at the Discovery Center on Mill Mountain; h. Work with volunteer trail organizations on trail development and maintenance; i. Create a seamless connection from the Parkway corridor, through the Mill Mountain spur to Mill Mountain Park and connect the Chestnut Ridge Loop to the Wood Thrush Trail and other trails in the Mill Mountain Park; and j. Link Parkway trails to the Roanoke Valley Greenway system and work with the Roanoke Valley Greenway Commission to extend the Roanoke River Greenway to Explore Park. k. Recognize the Roanoke Valley Greenway Plan, coordinate with the Roanoke Valley Greenway Commission to link Parkway trails to the Roanoke Valley Greenway system and work with the Roanoke Valley Greenway Commission to extend the Roanoke River Greenway to Explore Park. 2. The City Clerk is directed to send attested copies of this Resolution, and the City Manager's report to Council of December 19, 2011, to the Honorable Mark Warner, the Honorable Jim Webb, the Honorable Bob Goodlatte, the Honorable Morgan Griffith and Philip Francis, Superintendent of the Blue Ridge Parkway, as well as forwarding copies to the National Park Service to be included in the public comments on the Plan. APPROVED ATTEST: Stephanie M. Moon, MMC SyDavi WKwers�� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39274-121911. A RESOLUTION approving a Public Art Action Plan for 2012. 1 206 BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves the Public Art Action Plan for 2012 as outlined in the City Manager's report dated December 19, 2011, as a part of the City's Public Art Policy. APPROVED ATTEST: i-1-- �- � k-d�. � Stephanie M. Moon, MMC City Clerk Davi A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39275-121911. AN ORDINANCE to transfer funding from Percent for the Arts capital project to various new art projects, amending and reordaining certain sections of the 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 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- 610 - 9929 -9003 $ (9,400.00) Appropriated from General Revenue 08- 610- 9957 -9003 1,000.00 Appropriated from General Revenue 08- 610 - 9958 -9003 4,900.00 Appropriated from General Revenue 08- 610 - 9959 -9003 500.00 Appropriated from General Revenue 08- 610 - 9960 -9003 3,000.00 1 1 207 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: tl Now Stephanie M. Moon, MMC D(:4DaA. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39276-121911. A RESOLUTION closing certain City offices Friday, December 23, 2011, 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 Friday, December 23, 2011. 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 Friday, December 23, 2011. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work Friday, December 23, 2011, such employees, regardless of whether they are scheduled to work Friday, December 23, 2011, 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 time due to their work schedule for the this holiday. 1 • 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39277-121911. A RESOLUTION authorizing acceptance by the City Manager, or the City Manager's designee, of dedications of certain public rights -of -way and public easements for streets, sidewalks and the management of stormwater. WHEREAS, the City of Roanoke ( "City ") routinely accepts dedications of public rights -of -way and public easements for streets, sidewalks and the management of stormwater, through the subdivision approval process; WHEREAS, dedications of public rights -of -way and public easements for streets, sidewalks and the management of stormwater, are needed in instances in which the subdivision approval process does not apply; WHEREAS, Section 15.2 -1800 of the Code of Virginia (1950), as amended, authorizes the City to accept any interest in real estate, whether improved or unimproved, within its jurisdiction, for any public use; WHEREAS, accepting dedications of public rights -of -way and public easements for streets, sidewalks and the management of stormwater, for developments in instances in which the subdivision approval process does not apply can be streamlined by delegating authority to accept such interests in real estate to the City Administration, thereby expediting development approvals; and WHEREAS, City Council believes that the administrative acceptance of dedications of public rights -of -way and public easements for streets, sidewalks and the management of stormwater is, under certain conditions, appropriate and necessary for the orderly and efficient development of real estate in the City of Roanoke. 1 D 209 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the City Manager, or the City Manager's designee, is hereby authorized to accept dedications of public rights -of -way or easements for streets, sidewalks and the management of stormwater, under the following conditions: 1. All such dedications shall be for public use only; 2. All such dedications shall comply with the requirements of Section 15:2- 1803 of the Code of Virginia (1950), as amended, including the requirement that any deed conveying such interests shall be in form approved by the City Attorney; 3. All such dedications shall be necessitated by the physical development or physical operation of the real estate subject to the dedication of public right -of -way or public easement for streets, sidewalks and the management of stormwater; 4. Upon the recordation of such deed or plat, or upon the acceptance by the City of improvements set forth in an approved plan, the City shall be responsible for maintenance of such public right -of -way or public easement for streets, sidewalks and the management of stormwater; 5. All such dedications shall be voluntary and shall so indicate on the deed, plat or plan, approved and accepted by the City; and 6. All such dedications shall otherwise comply with all applicable requirements of the City's zoning and other ordinances. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bo�lvers City Clerk Mayor 1 210 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39278-121911. AN ORDINANCE authorizing the conveyance of a 10 -foot wide by 1,080 -foot long above ground and underground utility easement across City -owned property identified as Roanoke City Public Schools Operation Center (former William Ruffner Middle School), and designated as Tax Map No. 6460102, 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: 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 the conveyance of a 10 -foot wide by 1,080 -foot long above ground and underground utility easement across City -owned property identified as Roanoke City Public Schools Operation Center and designated as Tax Map No. 6460102, to Verizon Virginia, Inc., to install a communication system to serve the Operation Center, as more particularly set forth in the City Manager's report to this Council dated December 19, 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. I APPROVED ATTEST: � o v� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 1 211 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39279 - 121911. AN ORDINANCE to appropriate funding from the Federal grants for various educational programs, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 School Grant Fund Appropriations be, and the same -are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Supplies, 302 - 110 - 1101 - 0000 -137F- 61100 - 46614 -2 -01 $ 1,194.00 Elementary Instructional Supplies, 302 - 110 -1101- 0000 -137F- 61100- 46614 -3 -01 1,194.00 Secondary Revenues Federal Grant 302 - 000 - 0000 - 0000 -137F- 00000 - 38365 -0 -00 2,388.00 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: Stephanie M. Moon, MMC vi A. Bowers City Clerk Mayor J 212 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39280- 121911. 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, by amending certain proffers accepted by the adoption of Ordinance No. 36883- 101804, on October 18, 2004, pertaining to certain property located at 4428 Pheasant Ridge Road, S. W.; and dispensing with the second reading by title of this ordinance. WHEREAS, Eugene Whitesell, on behalf of Pheasant Ridge Investors, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to amend proffered condition Nos. 1, 2, and 6, as such proffers are set forth in the Second Amended Petition to Amend Proffered Conditions, filed on September 15, 2004, and accepted by City Council by the adoption of Ordinance No. 36883- 101804, as they pertain to the parcel of land at 4428 Pheasant Ridge Road, S.W., bearing Official Tax No. 5460165, such amendment of proffers to allow for the addition of a 26 space parking lot; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 19, 2011, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amending of certain proffers as they pertain to a property located at 4428 Pheasant Ridge Road, S. W., bearing Official Tax No. 5460165, as set forth in the Amended Application No. 1 dated October 20, 2011, should be amended as requested, such amendment changing the reference to the development plan pertaining to the subject property, allowing all uses otherwise allowed in the MX, Mixed Use District, and altering the layout of landscaping on the subject property. i l 1 213 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Certain proffers accepted by City Council when it adopted Ordinance No. 36883- 101804, on October 18, 2004, with respect to property located at 4428 Pheasant Road, S. W., bearing Official Tax No. 5460165, be amended as set forth in the Amended Application No. 1 dated October 20, 2011; and that §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. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39281-121911. AN ORDINANCE authorizing the conveyance of permanent above ground utility easements, in varying lengths and widths, across City -owned property designated as Tax Map Nos. 3041224, 3042005, 4250301 R, 4340102, 4170101 R, 4250101 R, and 4250102R, 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 December 19, 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 214 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 permanent above ground utility easements, in varying lengths and widths, across City -owned property designated as Tax Map Nos. 3041224, 3042005, 4250301R, 4340102, 4170101R, 4250101R, and 4250102R, to Appalachian Power Company, in order for Appalachian Power Company to install support structures and related cable /wires to building a 138 kV transmission line connecting the Huntington Court Substation to the Roanoke Substation in the City of Roanoke, as more particularly set forth in the City Manager's report to this Council dated December 19, 2011. 2. In exchange for granting Appalachian Power Company the above referenced permanent above ground utility easements, Appalachian Power Company shall reimburse the City the following amounts, which represent the fair market value: TM# 3041224 $ 32,800.00 TM# 3042005 $ 4,100.00 TM# 4250301 R and 4340102 $ 6,100.00 TM# 4250101 R, 4250102R, and 4170101 R $ 13,200.00 Total Amount: $ 56,200.00 3. Conveyance of the above described easements shall be conditioned upon Appalachian Power Company obtaining prior approval to install such transmission line from the U.S. Army Corps of Engineers, the Virginia Marine Resources Commission, and other applicable federal and state agencies. 4. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 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: M. hj, Stephanie M. Moon, MMC City Clerk 0% D M_, - . 1 L 1 J 1 215 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39282 - 121911. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City -owned property, being approximately 1.36 acres, located at 1130 Overland Road, Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1380101A, to Roanoke Valley Swimming, Inc. ( "RVS "); authorizing the City Manager to convey an ingress /egress easement to RVS over a portion of City -owned property designated as Tax Map No. 1380101; authorizing the City Manager to enter into a license agreement with RVS for the use of a parking lot on certain adjacent City -owned property, upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on December 19, 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: 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 1.36 acres, designated as Roanoke City Official Tax Map No. 1380101 A, to Roanoke Valley Swimming, Inc., for the purchase price of $10.00, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated December 19, 2011. 2. The City Manager is hereby authorized to execute a permanent ingress /easement to RVS over a portion of City owned property designated as a portion of Tax Map No. 138010, to allow RVS access to the above described parcel to be conveyed. 3. The City Manager is hereby further authorized to enter into a revocable license agreement with RVS, to allow RVS and its patrons to use a parking lot located on a portion of City -owned property designated as Tax Map No. 1380101, adjacent to the above described parcel to be conveyed. 4. All documents necessary for this conveyance shall be in form approved by the City Attorney. 216 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: Stephanie M. Moon, MMC David A. Bowers City Clerk - Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of December, 2011. No. 39283-121911. A RESOLUTION electing and appointing Timothy R. Spencer as Acting City Attorney for the City of Roanoke effective January 1, 2012, and setting forth the terms and conditions of employment for Mr. Spencer as Acting City Attorney. WHEREAS, the City Council desires to elect and appoint Timothy R. Spencer as Acting City Attorney, pursuant to the Roanoke Charter of 1952 and general law of the Commonwealth; and WHEREAS, Mr. Spencer has agreed to accept election and appointment as Acting City Attorney; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Timothy R. Spencer is hereby elected and appointed as Acting City Attorney, effective at 12:01 a. m., on January 1, 2012. 2. As Acting City Attorney, Mr. Spencer shall be paid a base bi- weekly salary of $4,476.59, payable at the same time as other employees of the City. 3. The Director of Finance is hereby directed to pay to the International City Management Association Retirement Corporation Deferred Compensation Plan (ICMA) as deferred compensation on behalf of Mr. Spencer the amount of $6,000.00 should he serve six (6) months as Acting City Attorney. it 217 4. As Acting City Attorney, Mr. Spencer shall receive a salary supplement of $96.15 per pay period for use of his privately owned or leased motor vehicle in the conduct of City business. 5. All other terms and conditions of Mr. Spencer's employment shall be the same as for other similarly situated City employees. 6. As Acting City Attorney, Mr. Spencer's duties, responsibilities and powers and his removal shall be governed by the Roanoke Charter of 1952, the Constitution of Virginia, Code of Virginia (1950), as amended, and the Code of the City of Roanoke (1979), as amended. 7. Mr. Spencer shall make arrangements to qualify for office by taking the required oath of office prior to January 1, 2012. 8. Mr. Spencer shall perform the duties and responsibilities of Acting City Attorney until such time as a successor Acting City Attorney or City Attorney is elected or appointed by this Council through duly adopted resolution. APPROVED ATTEST: it Q Stephanie M. Moon, MM C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 2012. No. 39284 - 010312. A RESOLUTION paying tribute to the Reverend Dr. William L. Lee, on being selected as the City of Roanoke's 2011 Citizen of the Year. WHEREAS, Dr. Lee, who hails from Nuttsville, Virginia, in Lancaster County, received his Bachelor of Science degree in Special Education from Virginia State University cum laude in 1974, his Master of Divinity from the Duke University Divinity School in 1978, and later his Doctorate of Ministry degree from Ashland Theological Seminary in 2009; 1 218 WHEREAS, Dr. Lee came to Roanoke in 1974 where he first worked as a teacher in the City school system, but then joined Loudon Avenue Christian Church, where after a couple of years he was named senior pastor and has served the congregation in this capacity ever since; WHEREAS, inspired by his own father's experience with the challenges of our nation's health care system, Dr. Lee founded the Kuumba Community Health and Wellness Center in 2001, the Roanoke Valley's only federally subsidized community health center, which provides health services to anyone in need; WHEREAS, under Dr. Lee's guidance, Kuumba has grown to become New Horizons Healthcare, which over the past 10 years has seen its patient visits increase from approximately 4,300 to more than 13,000, and recently- broke ground for a $10.7 million new facility on Melrose Avenue; WHEREAS, in November 2009 the New Horizons board recognized Dr. Lee's dedication by naming The Reverend Dr. William L. Lee Educational Center in his honor; WHEREAS, with Dr. Lee's dedication to physical and spiritual health, he led Loudon Avenue Christian Church in being one of the first congregations to participate in a Congregational Nursing Program through Carilion Clinic, is currently collaborating with Lewis Gale Medical Center and CURE - Clergy United to Reclaim the Ecclesial —to provide health care outreach programs in the African American community, and participates in an outreach ministry to people with HIV /AIDS; WHEREAS, in addition to his work for the church, Dr. Lee has lent his talents to such roles as Resolution Specialist with the VA Medical Center in Salem, and Moderator of the Christian Church (Disciples of Christ) in the United States and Canada from 2006 to 2008; WHEREAS, Dr. Lee has served on the boards of Blue Ridge Community Services, Good Samaritan Hospice, Child Health Investment Partnership (CHIP), United Way of the Roanoke Valley, Virginia Western Community College Foundation, and the William Fleming High School Parent Teacher Student Association; WHEREAS, Dr. Lee also serves on the boards of a number of other organizations throughout the country, including the Brite Divinity School in Fort Worth, Texas, the Mission Alignment Coordinating Council of the Christian Church (Disciples of Christ), and the century-old African American Greenwood Cemetery in Nashville; and WHEREAS, Dr. Lee has not only served with great pride and joy as pastor of Loudon Avenue Christian Church for more than 34 years, he has also dedicated himself to improving the health and wellness of his community, and has made a significant and positive impact on the citizens of the Roanoke Valley. I 1 1 219 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this means of recognizing and commending the Reverend Dr. William L. Lee, the City of Roanoke's 2011 Citizen of the Year. 2. The City Clerk is directed to forward an attested copy of this resolution to Reverend Dr. William L. Lee. APPROVED ATTEST: p4zx,� �� - nl,-� '� ) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 2012. No. 39285 - 010312. A RESOLUTION expressing the support of the Council of the City of Roanoke for Total Action Against Poverty ( "TAP ") and its partnership with the Virginia Department of Housing and Community Development ( "VDHCD "). WHEREAS, numerous families in the City of Roanoke have benefited from the VDHCD and TAP partnership; WHEREAS, extremely high utility costs, substandard housing, neighborhood blight, and homelessness continue to affect many low- income neighborhoods in the City of Roanoke; WHEREAS, through the VDHCD and TAP partnership, numerous elderly and low- income families have received weatherization services, indoor plumbing services, homelessness prevention services, and housing construction and rehabilitation services; WHEREAS, these services have helped stabilize, rebuild, and strengthen neighborhoods and prevent homelessness; 220 WHEREAS, without the support and funding of the VDHCD, TAP would not have been able to provide weatherization services to 253 families, 105 of whom live in the City of Roanoke, during the fiscal year July 1, 2010, to June 30, 2011; and WHEREAS, each home weatherized will save the family an average of $45.00 to $75.00 per month on the utility bills, and depending upon the size of the home, will reduce carbon emissions by up to two and one -half (21/2) tons annually. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby supports and endorses the work of TAP in the areas of weatherization services, indoor plumbing services, homelessness prevention services, and housing construction and rehabilitation services. 2. The City of Roanoke appreciates the partnership between TAP and the VDHCD and the benefits of that partnership to the citizens of the City of Roanoke. APPROVED ATTEST: c�J . ky Stephanie M. Moon, MMC City Clerk 9)lzj� David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 2012. No. 39286- 010312. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant in the amount of $1,606,629.00 for Program Year 2011, 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 $1,606,629.00 for Program Year 2011, with no local match from the City, to be used during the period of July 1, 2011, through June 30, 2013, 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 January 3, 2012, to City Council, is hereby ACCEPTED. 1 221 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: Atj-,�- i-�-)- 19�Qowwa��� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 2012. No. 39287 - 010312. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia -for. the FY12 Workforce Investment Act Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Administrative — Regular Employee Wages 35- 633 - 2380 -1002 $ 54,402.00 Administrative — Temporary Employee Wages 35- 633 - 2380 -1004 24,012.00 Administrative —City Retirement 35- 633 - 2380 -1105 9,816.00 Administrative —FICA 35- 633 - 2380 -1120 5,998.00 Administrative — Medical Insurance 35- 633 -2380 -1125 4,168.00 Administrative — Dental Insurance 35- 633 - 2380 -1126 257.00 Administrative —Life Insurance 35- 633 - 2380 -1130 152.00 Administrative — Disability Insurance 35- 633 - 2380 -1131 182.00 Administrative — Professional Services 35- 633 - 2380 -2010 15,000.00 Administrative —Dues and Memberships 35- 633 - 2380 -2042 2,200.00 Administrative — Training and Development 35- 633 - 2380 -2044 1,650.00 222 Administrative —Local Mileage 35- 633 - 2380 -2046 1,000.00 Administrative —Food 35- 633 - 2380 -2060 1,238.00 Administrative — Business Meals and Travel 35- 633 - 2380 -2144 5,187.00 Administrative — Equipment Rental 35- 633 - 2380 -3070 1,238.00 Administrative —Other Rental 35- 633 - 2380 -3075 577.00 Administrative — Marketing 35- 633 - 2380 -8053 4,124.00 Administrative — Supplies 35- 633 - 2380 -8055 4,125.00 Administrative — Insurance 35- 633 - 2380 -8056 2,500.00 Administrative — Contract Services 35 -633- 2380 -8057 8,071.00 Administrative — Leases 35- 633 - 2380 -8058 10,203.00 Administrative — Equipment 35- 633 - 2380 -8059 1,650.00 Administrative — Miscellaneous 35- 633 - 2380 -8060 413.00 Administrative — Telephone 35- 633 - 2380 -8090 2,500.00 Adult — Regular Employee Wages 35- 633 - 2381 -1002 4,464.00 Adult— Temporary Employee Wages 35- 633 - 2381 -1004 639.00 Adult —City Retirement 35- 633 - 2381 -1105 805.00 Adult —FICA 35- 633 - 2381 -1120 391.00 Adult — Medical Insurance 35- 633 - 2381 -1125 315.00 Adult — Dental Insurance 35- 633 - 2381 -1126 20.00 Adult —Life Insurance 35- 633 - 2381 -1130 13.00 Adult— Disability Insurance 35- 633 - 2381 -1131 15.00 Adult— Training and Development 35- 633 - 2381 -2044 78.00 Adult —Local Mileage 35- 633 - 2381 -2046 91.00 Adult —Food 35- 633 - 2381 -2060 58.00 Adult— Business Meals and Travel 35- 633 - 2381 -2144 200.00 Adult— Equipment Rental 35- 633 - 2381 -3070 58.00 Adult —Other Rental 35- 633 - 2381 -3075 27.00 Adult— Marketing 35- 633 - 2381 -8053 194.00 Adult— Supplies 35- 633 - 2381 -8055 194.00 Adult— Contract Services 35- 633 - 2381 -8057 417,952.00 Adult— Leases 35- 633 - 2381 -8058 480.00 Adult— Equipment 35- 633 - 2381 -8059 78.00 l Adult— Miscellaneous 35- 633 - 2381 -8060 19.00 Adult— Telephone 35- 633 - 2381 -8090 118.00 Dislocated Worker — Regular Employee Wages 35- 633 - 2382 -1002 9,867.00 Dislocated Worker— Temporary Employee Wages 35- 633 - 2382 -1004 1,597.00 Dislocated Worker —City Retirement 35- 633 - 2382 -1105 1,780.00 Dislocated Worker —FICA 35- 633- 2382 -1120 877.00 Dislocated Worker — Medical Insurance 35- 633 - 2382 -1125 680.00 Dislocated Worker — Dental Insurance 35- 633 - 2382 -1126 42.00 223 Dislocated Worker -Life Insurance Dislocated Worker - Disability Insurance 35- 633 - 2382 -1130 35- 633 - 2382 -1131 28.00 33.00 Dislocated Worker- Training and Development 35- 633 - 2382 -2044 180.00 Dislocated Worker -Local Mileage 35- 633 - 2382 -2046 100.00 Dislocated Worker -Food 35- 633 - 2382 -2060 135.00 Dislocated Worker - Business Meals and Travel 35- 633 - 2382 -2144 575.00 Dislocated Worker - Equipment Rental 35- 633 - 2382 -3070 135.00 Dislocated Worker -Other Rental 35- 633 - 2382 -3075 63.00 Dislocated Worker- Marketing 35- 633 - 2382 -8053 450.00 Dislocated Worker - Supplies 35- 633 - 2382 -8055 450.00 Dislocated Worker- Contract Services 35- 633 - 2382 -8057 553,970.00 Dislocated Worker- Leases 35- 633 - 2382 -8058 1,113.00 Dislocated Worker- Equipment 35- 633- 2382 -8059 180.00 Dislocated Worker - Miscellaneous 35- 633 - 2382 -8060 45.00 Dislocated Worker - Telephone 35- 633 - 2382 -8090 273.00 Youth in School - Regular Employee Wages 35- 633 - 2383 -1002 3,532.00 Youth in School- Temporary Employee Wages 35- 633 - 2383 -1004 639.00 Youth in School -City Retirement 35- 633 - 2383 -1105 637.00 Youth in School -FICA 35- 633 - 2383 -1120 320.00 Youth in School - Medical Insurance 35- 633 - 2383 -1125 252.00 Youth in School - Dental Insurance 35- 633 - 2383 -1126 16.00 Youth in School -Life Insurance 35- 633 - 2383 -1130 10.00 Youth in School- Disability Insurance 35- 633 - 2383 -1131 12.00 Youth in School- Training & Development 35- 633 - 2383 -2044 65.00 Youth in School -Local Mileage 35- 633 - 2383 -2046 50.00 Youth in School -Food 35- 633 - 2383 -2060 49.00 Youth in School- Business Meals and Travel 35- 633 - 2383 -2144 194.00 Youth in School- Equipment Rental 35- 633 - 2383 -3070 49.00 Youth in School -Other Rental 35- 633 - 2383 -3075 23.00 Youth in School- Marketing 35- 633 - 2383 -8053 163.00 Youth in School- Supplies 35- 633 - 2383 -8055 163.00 Youth in School- Contractual Services 35- 633 - 2383 -8057 306,273.00 Youth in School- Leases 35- 633 - 2383 -8058 402.00 Youth in School- Equipment 35- 633 - 2383 -8059 65.00 Youth in School- Miscellaneous 35- 633 - 2383 -8060 16.00 Youth in School- Telephone 35- 633 - 2383 -8090 99.00 Youth out of School - Regular Employee Wages 35- 633 - 2384 -1002 1,483.00 Youth out of School- Temporary 35- 633 - 2384 -1004 319.00 224 Employee Wages Youth out of School —City Retirement 35- 633 - 2384 -1105 267.00 Youth out of School —FICA 35- 633 - 2384 -1120 138.00 Youth out of School — Medical Insurance 35- 633 - 2384 -1125 113.00 Youth out of School — Dental Insurance 35- 633 - 2384 -1126 7.00 Youth out of School —Life Insurance 35- 633 - 2384 -1130 4.00 Youth out of School — Disability Insurance 35- 633 - 2384 -1131 5.00 Youth out of School— Training & Development 35- 633 - 2384 -2044 28.00 Youth out of School —Local Mileage 35- 633 - 2384 -2046 30.00 Youth out of School —Food 35- 633 - 2384 -2060 21.00 Youth out of School— Business Meals and Travel 35- 633 - 2384 -2144 74.00 Youth out of School— Equipment Rental 35- 633 - 2384 -3070 21.00 Youth out of School —Other Rental 35- 633 - 2384 -3075 10.00 Youth out of School— Marketing 35- 633 - 2384 -8053 69.00 Youth out of School— Supplies 35- 633 - 2384 -8055 69.00 Youth out of School— Contractual Services 35- 633 - 2384 -8057 131,249.00 Youth out of School— Leases 35- 633 - 2384 -8058 171.00 Youth out of School— Equipment 35- 633 - 2384 -8059 28.00 Youth out of School— Miscellaneous 35- 633 - 2384 -8060 7.00 Youth out of School— Telephone 35- 633 - 2384 -8090 42.00 Revenues Workforce Investment Act Grant FY12 35 -633- 2380 -2380 1,606,629.00 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_tStephanie M. Moon, MMC City Clerk •� David A. Bowers Mayor I 225 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3 d day of January, 2012. No. 39288 - 010312. AN ORDINANCE to appropriate additional local match funding for the Lead Hazard Control Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations LHC Single Family Units 35- 615 -8151 -8256 $ 10,000.00 LHC Rental Units 35- 615 - 8151 -8257 20,000.00 Revenues Lead Hazard Control Grant FY09 -Local 35- 615 - 8151 -8152 30,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC DDQavi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE; VIRGINIA, - The 3rd day of January, 2012. No. 39289 - 010312. 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 2011 -2012 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. 226 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fund Balance Retained Earnings - Available 07 -3348 $(617,000.00) Appropriations Maintenance - Buildings- Market Garage 07- 540 - 8200 -2050 13,330.00 Maintenance - Buildings - Elmwood Park Garage 07- 540 - 8205 -2050 14,000.00 Maintenance - Buildings - Campbell Garage 07- 540 - 8213 -2050 10,475.00 Maintenance - Buildings- Center in the Sq 13,590.00 Garage 07- 540 - 8215 -2050 Vehicular Equipment- Center in the Sq Garage 07- 540 - 8215 -9010 177500.00 Maintenance - Buildings- Church Avenue 108,243.00 Garage 07- 540 - 8220 -2050 Maintenance - Buildings -Tower Garage 07- 540 - 8225 -2050 20,000.00 Maintenance - Buildings - Gainsboro Garage 07- 540 - 8235 -2050 108,948.00 Maintenance - Buildings -Tower Garage 07 -540- 8274 -2050 310,914.00 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: \..jaw Qmv Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3`d day of January, 2012. No. 39290 - 010312. A RESOLUTION amending the Reserve and Debt Management Policies for the City to conform to the Governmental Accounting Standards Board Statement No. 54. WHEREAS, on November 1, 2010, Council, by the adoption of Resolution 39000-110110 approved and adopted Reserve and Debt Management Policies for the City; and 227 WHEREAS, Council desires to amend the Debt Management Policies of the City to conform with recent changes made by the Governmental Accounting Standards Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Reserve and Debt Management Policies, adopted by Council on November 1, 2010, are amended to reflect the recent changes made by the Governmental Accounting Standards Board, as attached to the Director of Finance's letter to Council of January 3, 2012. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 2012. No. 39291-010312. A RESOLUTION amending Resolution No. 39150- 070511 adopted July 5, 2011, which established a meeting schedule for City Council for the Fiscal Year commencing July 1, 2011, and terminating June 30, 2012. WHEREAS, Council wishes to begin televising and recording the 9:00 a.m. session of the regular meeting on the first Monday in each month and is not able to televise and record the meeting in the EOC conference room; WHEREAS, Council wishes to conduct its 9:00 a.m. sessions in the Council Chambers, Room 450, of the Municipal Building; and WHEREAS, the remainder of Resolution No. 39150 - 070511 shall remain in full force and effect. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 227 WHEREAS, Council desires to amend the Debt Management Policies of the City to conform with recent changes made by the Governmental Accounting Standards Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Reserve and Debt Management Policies, adopted by Council on November 1, 2010, are amended to reflect the recent changes made by the Governmental Accounting Standards Board, as attached to the Director of Finance's letter to Council of January 3, 2012. APPROVED ATTEST: Stephanie M. Moon, &C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of January, 2012. No. 39291 - 010312. A RESOLUTION amending Resolution No. 39150 - 070511 adopted July 5, 2011, which established a meeting schedule for City Council for the Fiscal Year commencing July 1, 2011, and terminating June 30, 2012. WHEREAS, Council wishes to begin televising and recording the 9:00 a.m. session of the regular meeting on the first Monday in each month and is not able to televise and record the meeting in the EOC conference room; WHEREAS, Council wishes to conduct its 9:00 a.m. sessions in the Council Chambers, Room 450, of the Municipal Building; and WHEREAS, the remainder of Resolution No. 39150 - 070511 shall remain in full force and effect. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 228 1. The 9:00 a.m. session of the regular meeting on the first Monday in each month shall be held in Council Chambers, Room 450, of the Municipal Building, unless otherwise provided by resolution of Council. City Council may prescribe a meeting place other than that established by this resolution by adoption of a resolution establishing a meeting place. 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 place. 2. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. APPROVED ATTEST: k— - -vn . Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39292 - 011712. A RESOLUTION noting continued support for the Roanoke Valley Veterans Council and the Department of Military Affairs in their efforts to secure federal funding necessary to establish a new location for a National Guard Readiness Center in the Roanoke Valley. WHEREAS, the National Guard, the oldest component of the Armed Forces of the United States and one of the nation's longest- enduring institutions, celebrated its 375th birthday on December 13, 2011 with the presentation of a Certificate of Recognition by Governor Bob McDonnell to Major General Daniel E. Long Jr., the Adjutant General of Virginia; WHEREAS, members of the Roanoke Valley Veterans Council and the Roanoke community have expressed interest and support for a new National Guard Armory in the Roanoke Valley to the Commonwealth of Virginia Department of Military Affairs (DMA) and the Honorable Bob Goodlatte of the House of Representatives; and 1 229 WHEREAS, the purpose of constructing a National Guard Armory facility is to provide support for local emergency management services, community shelter in the event of national, state or local disasters, and serve as a command post for combat and disaster training assignments in Southwestern Virginia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby continues to support the Roanoke Valley Veterans Council and the Department of Military Affairs in their efforts to secure federal funding necessary to establish a new National Guard Readiness Center in the Roanoke Valley. APPROVED ATTEST: - '-�'G Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39293-011712. AN ORDINANCE amending and reordaining Section 30 -111, Time Limitations, of Article VI, Erection and Maintenance of Flags Pole- Mounted Banners, Banners, and Holiday Decorations, of Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 30 -111, Time Limitations, of Article VI, Erection and Maintenance of Flags Pole- Mounted Banners Banners and Holiday Decorations, 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: Section 30 -111. Time Limitations. �1 230 (d) Within the portion of the Central Business District located east of Second Street, S.W., but not including Second Street, S.W., and within all districts outside the Central Business District and zoned R -12, R -7, R -5, R -3, RM -1, RM -2 and RMF, flags and pole- mounted banners may be displayed for a maximum time period of sixty (60) days, except when in conflict with dates permanently reserved and identified herein for the display of American flags, or for such a shorter period as may be set forth in the permit issued by the city manager. Such flags and pole- mounted banners shall be removed for a minimum of ninety (90) consecutive days prior to reapplication for a permit to erect the flag again. (e) Outside the Central igusiness Dis;Within the portion of the Central Business District located on either side of Second Street, S.W., and west of Second Street, S.W., and within districts outside of the Central Business District that are not zoned. R -12, R -7, R -5, R -3, RM -1, RM -2 and RMF, flags and pole- mounted banners may be displayed for a continuous period of up to three hundred sixty -five (365) days, or for such a shorter period as may be established by the permit issued by the city manager. Such flags and pole- mounted banners need not be removed prior to the filing of a timely application for a permit to allow either of them to remain erected. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39294-011712. AN ORDINANCE to de- appropriate funding from the Water Quality Improvement Program and transfer funding to the Capital Improvement Reserve, amending and reordaining certain sections of the 2012 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. C 1 1 231 BE IT ORDAINED by the Council of the City of Roanoke, that the following sections of the 2012 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 08- 530 - 9556 -9007 $ (5,475.00) Appropriated from General Revenue 08- 530 - 9556 -9003 (16,509.00) Appropriated from General Revenue 08- 530 - 9575 -9176 16,509.00 Revenues Water Quality Improvement Program 08- 530 - 9556 -9556 (5,475.00) — VDCR Reimbursement Pursuant 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,- 1M t �l Stephanie M. Moon, MMCv David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39295-011712. A RESOLUTION authorizing the issuance and sale of not to exceed forty -five million dollars ($45,000,000.00) 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 232 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. 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 $12,000,000.00 principal amount of General Obligation Public Improvement Bonds, Series 20028, dated February 1, 2002 and maturing in varying amounts on October 1 in each of the years 2002 through 2009 and on October 1 in each of the years 2011, 2013, 2015, 2017, 2019 and 2021 (the "Series 2002B 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 $26,385,000.00 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2003, dated July 1, 2003 and maturing in varying amounts on August 1 in each of the years 2004 through 2021 and on August 1, 2024 (the "Series 2003 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 $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 (the "Series 2004B Bonds "). (d) 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 $3,975,000.00 principal amount of Taxable General Obligation Public Improvement Bonds, Series 2005, dated December 15, 2005 and maturing on December 1, 2020 (the "Series 2005 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 $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 (the "Series 2006A Bonds "). 233 (f) 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 and on February 1, 2033 (the "Series 2008 Bonds "). (g) 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 2010 through 2029 (the "Series 2010A Bonds "). (h) 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 2002B Bonds, the outstanding Series 2003 Bonds, the outstanding Series 2004B Bonds, the outstanding Series 2005 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. (i) 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 2002B Bonds, the outstanding Series 2003 Bonds, the outstanding Series 2004B Bonds, the outstanding Series 2005 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 "). (j) 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. (k) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Forty -Five Million Dollars ($45,000,000.00) 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. 234 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 -Five Million Dollars ($45,000,000.00) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds "). (b) The Bonds shall be issued in their. entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R -1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. (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. 1 235 (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal. amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty -fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book -entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ( "DTC "), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. 236 SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section. 5; provided, however, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. rl 237 (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. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book -entry form. One Bond representing . each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book -entry form only, in the principal amount of $5,000.00 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. C • (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees 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. 239 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, on or before June 30, 2013, 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 five and fifty - hundredths percent (5.50 %) 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 Notice of Sale of the Refunding Bonds in such form and containing such terms and conditions as the Director of Finance may deem advisable, subject to the provisions hereof. In lieu of publishing the full text of the Notice of Sale in accordance with the provisions of the immediately preceding sentence, the Director of Finance is hereby authorized to cause a Summary Notice of Sale in such form as the Director of Finance shall approve to be published in The Bond Buyer on a date selected by the Director of Finance. (c) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the "Underwriters ") and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager 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. 1 240 (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 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. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. a 241 (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. 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). SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R -_ $ 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 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 242 have been paid, unless such date of authentication is an interest payment date,, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book -entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ( "DTC "), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of 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. 243 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. 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. 1 244 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 herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation 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. 245 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: 1 City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within - mentioned proceedings. in as Registrar Authorized Signator Date of Authentication: 1 246 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 (Signature of Registered Owner) guaranteed by a member firm of The NOTICE: The signature above must New York Stock Exchange, Inc. or a correspond with the name of the commercial bank or trust company. Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: qq�-� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 247 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39296-011712. A Resolution of the City Council of the City of Roanoke, Virginia approving, among other things, the issuance of not to exceed $100,000,000.00 aggregate principal amount of Economic Development Authority of the City of Roanoke, Virginia Hospital Revenue Bonds (Carillon 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 municipal corporation 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 ( "CRMH "), a health care facility located in the City of Roanoke, Virginia; and WHEREAS, CMC also owns and operates Carilion Roanoke Community Hospital ( "CRCH "), a health care facility located in the City of Roanoke, Virginia; and WHEREAS, Carilion Giles Community Hospital ( "CGCH ") 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 Giles Community Hospital, a health care facility located in the Town of Pearisburg, Giles County, Virginia; and WHEREAS, Bedford Memorial Hospital (`BMH ") 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 Bedford Memorial Hospital, a health care facility located in the City of Bedford, Virginia; and D I • • WHEREAS, Carilion Franklin Memorial Hospital ( "CFMH ") 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 Franklin Memorial Hospital, a health care facility located in the Town of Rocky Mount, Franklin County, Virginia; and WHEREAS, Carilion Stonewall Jackson Hospital (f /k/a Stonewall Jackson Hospital) ( "CSJH ") 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 Stonewall Jackson Hospital, a health care facility located in the City of Lexington, Virginia; and WHEREAS, the Roanoke Authority has by resolution adopted January 11, 2012 (the "Roanoke Authority Resolution ") approved the issuance of its Hospital Revenue Bonds (Carilion Clinic Obligated Group) (the "Bonds ") in an aggregate principal amount not to exceed $100,000,000.00 for the purpose of providing funds that, together with funds from other sources, will be applied to any or all of the following: (i) financing for CMC a portion of the costs of (A) renovating certain portions of CRMH, and /or acquiring certain capital equipment for use in or in connection with CRMH (the "2012 CRMH Project "), and (B) renovating certain portions of CRCH, and /or acquiring certain capital equipment for use in or in connection with CRCH (the "2012 CRCH Project "); (ii) refunding (A) the Roanoke Authority's outstanding Hospital Revenue Bonds (Carilion Health System Obligated Group) Series 2002A (the "Series 2002A Bonds "), and (B) the Industrial Development Authority of the City of Lexington, Virginia Hospital Facility Revenue Bonds (Stonewall Jackson Hospital), Series 2000 (the "Series 2000 Bonds "); and (iii) paying certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, the proceeds of the Series 2002A Bonds were loaned to CMC, CGCH, BMH and CFMH for the purpose of (i) (A) financing for CMC a portion of the costs of (1) renovating and /or expanding certain portions of CRMH and /or acquiring certain capital equipment for use in or in connection with CRMH (the "2002 CRMH Project "), (II) paying costs of equipping and upfitting an imaging facility housed in a medical office building located adjacent to CRMH (the "CRMH Imaging Project ") and (III) renovating and /or expanding certain portions of CRCH, and /or acquiring certain capital equipment for use in or in connection with CRCH (the "2002 CRCH Project "), (B) financing for CGCH a portion of the costs of acquiring certain capital equipment for use in or in connection with Carilion Giles Community Hospital (the "CGCH Project "), (C) financing for BMH a portion of the costs of renovating and /or expanding certain portions of Bedford Memorial Hospital and /or acquiring certain capital equipment for use in or in connection with Bedford Memorial Hospital (the "BMH Project "), and (D) financing for CFMH a portion of the costs of (1) renovating and /or expanding certain portions of Carilion Franklin Memorial Hospital, (II) constructing a three -story, approximately 40,000 square foot addition to Carilion Franklin Memorial Hospital, including a new entrance and lobby, specialty clinics and administrative offices, and /or 249 (III) acquiring certain capital equipment for use in or in connection with the Carillon Franklin Memorial Hospital (the "CFMH Project ") (the 2002 CRMH Project, the CRMH Imaging Project, the 2002 CRCH Project, the CGCH Project, the BMH Project and the CFMH Project are hereinafter collectively referred to as the "Series 2002A Project "); (ii) refinancing certain interim indebtedness incurred by CMC, CGCH, BMH and CFMH in connection with the financing of a portion of the cost of acquiring, constructing, renovating and equipping the Series 2002A Project; (iii) paying a portion of the interest accruing on the Series 2002A Bonds during the acquisition, construction, renovation and equipping of the Series 2002A Project; and (iv) paying certain expenses incurred in connection with the issuance of the Series 2002A Bonds, including credit enhancement fees with respect to the Series 2002A Bonds; and WHEREAS, the proceeds of the Series 2000 Bonds were used to finance for CSJH all or a portion of the cost of (i) the acquisition, construction and equipping of an acute care replacement hospital facility, located adjacent to the CJSH's then - existing acute care hospital facility in Lexington, Virginia (the "Old CJSH Hospital "), (ii) the renovation and equipping of certain portions of the Old CJSH Hospital, (iii) the demolition of certain portions of the Old CJSH Hospital, (iv) refunding debt, which was incurred initially in 1982 and thereafter refunded a number of times, that financed the cost of constructing an addition to and the renovation and equipping of the Old CSJH Hospital, and (v) the financing of a debt service reserve fund, costs of issuance fund, capitalized interest fund and other funds relating to the Series 2000 Bonds; and WHEREAS, CMC owns and operates CRMH and the location of the 2002 CRMH Project is, and the location of the 2012 CRMH Project will be, Jefferson Street and Belleview Avenue, S. E., Roanoke, Virginia; CMC owns and operates the CRMH Imaging Project and the location of the CRMH Imaging Project is 2001 Crystal Spring Avenue, Roanoke, Virginia; CMC also owns and operates CRCH and the location of the 2002 CRCH Project is, and the location of the 2012 CRCH Project will be, 101 Elm Avenue, S. E., Roanoke, Virginia; BMH owns and operates Bedford Memorial Hospital and the location of the BMH Project is 1613 Oakwood Street, Bedford, Virginia; CGCH owns and operates Carilion Giles Community Hospital and the location of the CGCH Project is 159 Hartley Way, Pearisburg, Virginia; CFMH owns and operates Carilion Franklin Memorial Hospital and the location of the CFMH Project is 124 Floyd Avenue, Rocky Mount, Franklin County, Virginia; and CSJH owns and operates the portion of the project financed with proceeds of the Series 2000 Bonds that will be refunded with proceeds of the revenue bonds to be issued by the Authority and the location of such portion of said project is 1 Health Circle, Lexington, Virginia; and WHEREAS, the Council of the City of Roanoke (the "Roanoke City Council ") must first approve the issuance of the Bonds before the Roanoke Authority can proceed with the financing; and 1 250 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 $100,000,000.00 aggregate principal amount of the Bonds to promote the improvement of the health and living conditions of the people of the City 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 financing and refinancing the hospital facilities of CMC, CGCH, BMH, CFMH and CSJH; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia: SECTION 1. The Roanoke City Council hereby approves the issuance by the Roanoke Authority of the Bonds in an aggregate principal amount not to exceed $100,000,000.00 for the purpose of providing funds that, together with funds from other sources, will be applied to (i) finance the 2012 CRMH Project and the 2012 CRCH Project, (ii) refund the Series 2002A Bonds and the Series 2000 Bonds and (iii) pay certain expenses incurred in connection with the issuance of the Bonds. SECTION 2. The Mayor or the City Manager 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, CGCH, BMH, CFMH or CSJH 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. 251 SECTION 4. This Resolution shall take effect immediately upon its passage. APPROVED ATTEST: DqDavi A Stephanie M. Moon, MMC Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39297-011712. 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 a condition accepted by City Council by the adoption of Ordinance No. 36108- 101502, on October 15, 2002, pertaining to certain property located at 547 Campbell Ave., S. W.; and dispensing with the second reading by title of this ordinance. WHEREAS, Krista Vannoy; on behalf of James Settle as contract purchaser and the owner, David Rao, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to repeal the proffered condition accepted by City Council by the adoption of Ordinance No. 36108- 101502, as it pertains to the parcel of land at 547 Campbell Ave., S. W., bearing Official Tax No. 1112510; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 17, 2012, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, the application to rezone the subject portion of property is consistent with Vision 2001 -2020 and the Hurt Park/Mountain View/West End Neighborhood Plan; 252 WHEREAS, the application provides for the adaptive reuse of historic buildings and will further the City's tourism goal; 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 repeal of a proffer as it pertains to a property located at 547 Campbell Ave., S. W., bearing Official. Tax No. 1112510, as set forth in the Application dated November 1, 2011, should be repealed as requested, as such repeal will allow all uses otherwise allowed in the D, Downtown District, on the subject property. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. A certain proffer accepted by City Council when it adopted Ordinance No. 36108-101502, on October 15, 2002, with_ respect to property located at 547 Campbell Ave., S. W., bearing Official Tax No. 1112510, be repealed as set forth in the Application dated November 1, 2011; and that §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. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ,. o Stephanie M. Moon, MMC ar avid . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39298-011712. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a portion of City -owned property, designated as a portion of Roanoke City Tax Map No. 6472302, (known as a portion of the Countryside property) to James D. and Jerline S. Riddle, upon certain terms and conditions; and dispensing with the second reading of this ordinance. 253 WHEREAS, a public hearing was held on January 17, 2012, 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. THEREFORE, 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 6,374 square foot parcel of City -owned property, designated as a portion of Roanoke City Tax Map No. 6472302, (known as a portion of the Countryside property) to James D. and Jerline S. Riddle, owners of property located at 3543 Laurel Ridge Road, N. W., and adjacent to the property to be conveyed, for the purchase price of $1,912.20, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated January 17, 2012. 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No. 39299-011712. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a portion of City -owned property, designated as a portion of Roanoke City Tax Map No. 6472302, (known as a portion of the Countryside property) to Kenneth L. and Rosanne C. Saunders, upon certain terms and conditions; and dispensing with the second reading of this ordinance. 1 254 WHEREAS, a public hearing was held on January 17, 2012, 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. THEREFORE, 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 10,525 square foot parcel of City -owned property, designated as a portion of Roanoke City Tax Map No. 6472302, (known as a portion of the Countryside property) to Kenneth L. and Rosanne C. Saunders, owners of property located at 2225 Mattaponi Drive, N. W., and adjacent to the property to be conveyed, for the purchase price of $3,157.50, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated January 17, 2012. 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: Dc Stephanie -M. Moon, MMC �Davi .Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of January, 2012. No.. 39300-011712. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City -owned property, designated as Roanoke City Official Tax Map No. 4111601, to the Virginia Department of Transportation (VDOT), in order for the property to be used by VDOT as a right of way for the construction, maintenance and /or operation of a public street improvement project; upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. 255 WHEREAS, a public hearing was held on January 17, 2012, 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. THEREFORE, 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, designated as Roanoke City Official Tax Map No. 4111601, to VDOT, in order for the property to be used by VDOT as a right of way for the construction, maintenance and /or operation of a public street improvement project, specifically, the 1.3th Street/Hollins Road Improvement Project, State Highways Project UOOO- 128 -113, RW -202, for the purchase price of $6,275.00.00, upon certain terms and conditions, and as more particularly stated in the City Manager's report to this Council dated January 17, 2012. 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: Stephanie M. Moon, MMC QDavid 4ABowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39301 - 020612. A RESOLUTION approving Amendments to the South Jefferson Redevelopment Area Guidelines; and providing for the City Clerk to take certain actions. WHEREAS, by Resolution dated March 12, 2001, the Board of Commissioners of the City of Roanoke Redevelopment and Housing Authority (RRHA) approved the Redevelopment Plan for the South Jefferson Redevelopment Area (Redevelopment Plan); 256 WHEREAS, the Council of the City of Roanoke subsequently approved the Redevelopment Plan by Resolution No. 35248 - 031901, adopted on March 19, 2001; WHEREAS, RRHA has since 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, by Resolution dated May 24, 2010, the RRHA Board of Commissioners approved Amendment No. 1 to the Redevelopment Plan for the South Jefferson Redevelopment Area (the "Amended Redevelopment Plan "); WHEREAS, City Council subsequently approved the Amended Redevelopment Plan by Resolution No. 38844 - 062110, adopted on June 21, 2010; 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 and /or the Amended Redevelopment Plan, and requiring that any redevelopment comply with the South Jefferson Redevelopment Area Design Guidelines ( "Design Guidelines "); WHEREAS, the Design Guidelines were last amended in April 2004. Since that time, the City of Roanoke has made substantial changes to the City's zoning ordinance and has adopted new street design guidelines. The proposed Amendments to the Design Guidelines are designed to reflect these changes and to incorporate changes that are necessary based on experience in the redevelopment area to date and to address development projects that may be proposed in the future; WHEREAS, RRHA included covenants in the deeds by which RRHA transferred property in the South Jefferson Redevelopment Area stating that, "RRHA shall have the right to unilaterally amend the [Design] Guidelines, so long as any such amendment is consistent with the common scheme of development originally established by the Plan and the Guidelines "; WHEREAS, in order to inform current owners of the proposed Amendments, RRHA mailed on January 6, 2012, written notice of RRHA's intent to consider the proposed Amendments to the Design Guidelines 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 and /or the Amended Redevelopment Plan. Such notice also included a separate written notice of the time and place of City Council's meeting on February 6, 2012, where City Council would consider such Amendments for approval; Cl l 257 WHEREAS, it does not appear that approval of the proposed Amendments to the Design Guidelines will have a material adverse impact on any such owner; and WHEREAS, by Resolution dated January 23, 2012, the Board of Commissioners of RRHA unanimously approved the proposed. Amendments to the Design Guidelines and such Resolution provided that, if approved by City Council, such Amendments would become effective on or after the date of such approval. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1) That the proposed Amendments to the South Jefferson Redevelopment Area Design Guidelines, as shown in the redlined document attached to the City Council Agenda Report dated February 6, 2012, and which were approved by the Board of Commissioners of the RRHA by Resolution dated January 23, 2012, are hereby approved by the Council of the City of Roanoke. 2) That such proposed Amendments to the South Jefferson Redevelopment Area Design Guidelines, having been approved by the Board of Commissioners of the RRHA at its meeting on January 23, 2012, and being hereby approved by the Council of the City of Roanoke, shall and do become effective as of February 6, 2012, the date of the adoption of this Resolution. 3) ATTEST: The City Clerk is hereby directed to file a copy of the Amendments to the South Jefferson Redevelopment Area Design Guidelines with the minutes of this meeting in the City Clerk's Office, attach a copy of this Resolution, and to send a certified copy of this Resolution to the Executive Director of the RRHA. Stephanie M. Moon, MMC City Clerk APPROVED s Mayor �eJ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39302 - 020612. A RESOLUTION urging the General Assembly to support Senate Bill No. 103 wherein Roanoke County is requesting authority to increase its Transient Occupancy Tax not to exceed 7 %. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Roanoke City Council urges the General Assembly to support SB103. 2. The City Clerk is directed to forward copies of this Resolution to the Governor and Members of the General Assembly. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39303 - 020612. 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, economic development and recreation; I u 259 WHEREAS the City of Roanoke was awarded a bronze level designation as a Bicycle Friendly Community in 2010, and has progressed in providing bicycle education, encouragement, accommodations and planning since 2010; WHEREAS, achieving a higher level designation as a Bicycle Friendly Community will improve the City's ability to continue to advance its bicycling programs, activities, and facilities. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that 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: Stephanie M. Moon, MMC avi A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39304 - 020612. A RESOLUTION accepting and expressing appreciation for the donation of two pieces of art from the Clean Valley Council for the Public Art Collection. WHEREAS, the Roanoke Art Commission has assisted the Clean Valley Council in.choosing art work to place in Vic Thomas Park honoring the late Ann Davey Masters; WHEREAS, two works of art, one by Betty Branch and one by Lawrence Bechtel have been chosen by the Arts Commission; and WHEREAS, an additionaF piece by Paul Ostaseski, already in the City's collection, will also be placed in Vic Thomas Park. 260 THEREFORE, 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 these two pieces of art to the City from the Clean Valley Council for the Public Art Collection as more particularly described in the report of the City Manager, dated February 6, 2012. 2. The City Clerk is directed to forward an attested copy of this resolution to Nathan Harper, Chair, Roanoke Arts Commission and to Cristian Siegel, Executive Director, Clean Valley Council. APPROVED ATTEST: 4� — -�� , Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39305 - 020612. 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 $38,291.00, to be awarded the City of Roanoke, City of Salem and the County of Roanoke, with a local match of $4,255.00 required, for total funding in the amount of $42,546.00, with the amount of $11,910.00 from such grant to be used by Total Action Against Poverty to operate Project Recovery, the amount of $13,149.00 of such grant to be used to operate the Conflict Resolution Center, and the amount of $17,487.00 to be used to operate the City of Roanoke's Enhanced Community Service program, as set forth in the City Manager's report dated February 6, 2012, to this Council, is hereby ACCEPTED. 261 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: 4-n o Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39306 - 020612. 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 2011 -2012 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 2011 -2012 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 $ 1,749.00 Fees For Professional Services 01- 630 - 1270 -2010 (1,749.00) Grant Fund Appropriations Temporary Employee Wages 35- 630 - 5100 -1004 15,641.00 FICA 35- 630 - 5100 -1120 1,196.00 Fees For Professional Services 35- 630 -5100 -2010 25,059.00 262 Program Supplies Revenues JABG CY12 City -State JABG CY12 City -Local Match JABG CY12 TAP —Local Match JABG CY12 CRC -Local Match 35- 630 - 5100 -2066 650.00 35- 630 -5100 -5100 38,291.00 35- 630 - 5100 -5101 1,749.00 35- 630 - 5100 -5102 1,191.00 35- 630 - 5100 -5103 1,315.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk qaCidABowrs Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39307- 020612. 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 $69,936.00, with a local match of $69,936.00, making a total funding of $139,872.00, to be used to purchase an ambulance, as more particularly described in the report of the City Manager to Council, dated February 6, 2012. 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. 11 1 G� 1 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: 1(�1 I ry��Doj Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t" day of February, 2012. No. 39308 - 020612. 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment 35- 520 - 3707 -9010 $ 139,872.00 Revenues RSAF Ambulance FY-12—State 35- 520 - 3707 -3707 69,936.00 RSAF Ambulance FY12 —Local 35- 520 - 3707 -3708 69,936.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Stephanie M. Moon MMC-- City Clerk APPROVED C)111-t id A. Bowers Mayor 264 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39309 - 020612. A RESOLUTION authorizing acceptance of the 2012 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 2012 V -STOP Grant in the amount of $28,193.00, with a required local match of $9,398.00 and an additional local match of $7,038.00, making total funding of $44,629.00, to employ the Police Department's full -time non -sworn Domestic Violence Specialist, as more particularly described in the report of the City Manager to Council, dated February 6, 2012. 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: Stephanie M. Moon MMC� David A. Bowers City Clerk Mayor i 1 W961 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 20.12. No. 39310- 020612. 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 2011 -2012 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 2011 -2012 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 35- 640 - 3314 -1002 $33,236.00 35- 640 - 3314 -1115 2,991.00 35- 640 - 3314 -1120 2,543.00 35- 640 - 3314 -1125 5,166.00 35- 640 - 3314 -1126 315.00 35- 640 - 3314 -1130 266.00 35- 640 - 3314 -1131 112.00 Revenues VSTOP Grant CY2012 -State 35- 640 - 3314 -3314 28,193.00 VSTOP Grant CY2012 -Local 35- 640 - 3314 -3315 16,436.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Stephanie M. Moon, MMC City Clerk APPROVED Da ' A. owers Mayor 266 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39311-020612. A RESOLUTION authorizing acceptance of the Virginia Sexual and Domestic Violence Victim Fund (VSDVVF) Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services (DCJS), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services (DCJS) the Virginia Sexual and Domestic Violence Victim Fund (VSDVVF) Grant in the amount of $31,588.00, with a required local match of $17,001.00, making total funding of $48,589.00, to continue the employment of the Police Department's Sexual Violence and Hispanic Outreach Specialist, as more particularly described in the report of the City Manager to Council, dated February 6, 2012. 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: A74 rn' Stephanie M. Moon, MMC avi A. Bowers City Clerk Mayor 1 i F- L I. 1 267 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39312- 020612. 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Wages City Retirement FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Revenues Domestic Violence Victim CY2012 -State Domestic Violence Victim CY2012 -Local 35- 640 - 3357 -1004 $ 34,320.00 35- 640 - 3357 -1105 35- 640 - 3357 -1120 35- 640- 3357 -1125 35- 640 - 3357 -1126 35- 640 - 3357 -1130 35- 640 - 3357 -1131 5,773.00 2,625.00 5,166.00 315.00 275.00 115.00 35- 640 - 3357 -3357 31,588.00 35- 640 -3357 -3358 17, 001.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Q Stephanie M. Moon MmC City Clerk APPROVED Da d . Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of February, 2012. No. 39313- 020612. AN ORDINANCE to transfer funding from General Fund Contingency to fund the Registrar's office (Electoral Board) for the November general election, March Presidential Primary and May Mayoral and Council elections and amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages - Electoral Board 01- 260 -1310 -1003 $ 10,308.00 Temporary Employee Wages- Electoral Board 01- 260- 1310 -1004 120,996.00 Fees for Professional Services- Electoral Board 01- 260- 1310 -2010 39,029.00 Advertising- Electoral Board Telephone - Cellular- Electoral Board 01- 260 -1310 -2015 01- 260- 1310 -2021 3,231.00 2,657.00 Administrative Supplies - Electoral Board 01- 260- 1310 -2030 5,832.00 Expendable Equipment - Electoral Board 01- 260- 1310 -2035 5,815.00 Local Mileage - Electoral Board 01- 260- 1310 -2046 1,120.00 Parking Ticket Validations - Electoral Board 01- 260- 1310 -2820 1,267.00 Project Supplies - Electoral Board 01- 260- 1310 -3005 2,599.00 Contingency " 01- 300 - 9410 -2199 (192,854.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is, hereby dispensed with. r-112% "I-611014up ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 1 W• • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t" day of February, 2012. No. 39314- 020612. A RESOLUTION noting continued support for Carilion Clinic's operation of air medical services. WHEREAS, Carilion Clinic Life -Guard was the first air ambulance service in Virginia, and Carilion Clinic Life -Guard 10 provides a vital link to Carilion Roanoke Memorial Hospital, which is the site of southwest Virginia's regional Level I Trauma Center; WHEREAS, Carilion Clinic Life - Guard's services are valuable when: (1) time is critical and the patient derives significant medical benefits from the speed of air transportation; (2) advanced life support skills are necessary en route and are not readily available by ground transportation; and (3) patients are located in remote areas that are difficult to access with ground transportation; WHEREAS, Carilion Clinic Life -Guard 10's base of operations is located at 433 McClanahan Street, S. W., Roanoke, Virginia 24014 and its primary service area is within a 150 mile radius from the City of Roanoke; WHEREAS, Carilion Clinic is changing its aviation provider to Med -Trans Corporation d /b /a Carilion Clinic Life - Guard; WHEREAS, the State requires Carilion Clinic to complete an application for an EMS agency license pursuant to Administrative Code 12VAC5 -31 -420; and f WHEREAS, a resolution from the governing body of the locality where the agency maintains an office and /or stations an EMS vehicle for response is required for State approval pursuant to Section 15.2 -955 of the Code of Virginia. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that it hereby continues to support Carilion Clinic in the operation of an air ambulance system in the City of Roanoke. APPROVED ATTEST: },� - IQOA�� Ste anie M. Moon, MMC " David A. Bowers P City Clerk Mayor 270 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of February, 2012. No. 39315-022112. A RESOLUTION paying tribute to Milan Tobacconists for 100 years of providing its customers with fine tobacco products and accessories; WHEREAS, in 1912 Joe H. Milan, Sr., an immigrant from Lebanon, was on his way to California to make a new life for himself when he stopped in Roanoke to visit an aunt; WHEREAS, Mr. Milan decided to stay in the Roanoke Valley, and with a $100.00 loan from his aunt, opened a store selling tobacco products and magazines to local residents, which became The Ideal; WHEREAS, a hard - working entrepreneur, Mr. Milan saw The Ideal grow and prosper, necessitating the expansion of the shop, and his brother, A.H. Milan, became a business partner renaming the business Milan Brothers; WHEREAS, following the death of his brother in 1938, Mr. Milan continued to operate Milan Brothers as a sole proprietor with the assistance of his sons, who helped out after school and on weekends; WHEREAS, Milan Brothers, Inc., focused on providing its customers with the best tobacco products and outstanding customer service and also operated a lunch counter and fountain for many years; WHEREAS, eventually Joe H. Milan, Jr., took over the family business and with younger brothers Herbert and Ellis, who also joined the company, continued to operate Milan Brothers, Inc., with the same focus on quality and service as his father and uncle had; WHEREAS, in 1956, Milan Brothers relocated to a new 2,400- square -foot building on Jefferson Street to better accommodate its expanding business as its reputation as a purveyor of quality tobacco products grew; . WHEREAS, in 1994, the Milan family, which made numerous contributions to the local business community as owners of Milan Brothers, Inc., decided to retire from the family business; WHEREAS, after careful consideration for their customers and an eye toward preserving the family's decades of hard work at Milan Brothers, the Milan family selected Don and Miriam Roy as the new owners in 1994; 271 WHEREAS, Don Roy, who previously owned a tobacco shop in Florida and had three decades of experience in retail management, expanded the selection and quality of the store's inventory, resulting in increased revenues while also maintaining Milan Brothers' reputation as a supplier of quality tobacco products and accoutrements, and thereafter became known as Milan Tobacconists; WHEREAS, in 2000 when it came time for Mr. and Mrs. Roy to retire, they decided to keep Milan Tobacconists in the family, selecting David and Renee Meyer, their son -in -law and daughter, as the new owners; WHEREAS, Mr. and Mrs. Meyer expanded the mail order services by adding a website to reach a customer base far beyond the Roanoke Valley and position Milan Tobacconists for continued success in a new century; WHEREAS, with a good deal of experience under their belts and a thriving cigar and pipe shop, Mr. and Mrs. Meyer decided to purchase the historic 309 South Jefferson Building in 2008, just blocks from the tobacco shop's previous location in Downtown Roanoke. The 309 South Jefferson Building purchase allowed for more flexibility and control over the direction of the tobacco shop; WHEREAS, the spacious new building also provided Mr. and Mrs. Meyer with the perfect opportunity to create the cigar club they had envisioned for years. They immediately began to lay plans, and the doors of the Commonwealth Cigar Club were opened to new members a year later; WHEREAS, a proud family -owned business, Milan Tobacconists looks forward to continuing to provide its customers with the best tobacco products and services in the future. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopts this means of recognizing and commending Milan Tobacconists on 100 years of providing fine tobacco products and accessories to its customers. ATTEST: m. 6OV\) Stephanie M. Moon, M C City Clerk 1 APPROVED David owers Mayor 272 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of February, 2012. No. 39316- 022112. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City Contract with Hill Studio, P.C., in an amount up to $425,000.00 for additional architectural and engineering (A/E) services for the Elmwood Park Improvements Project; and authorizing the City Manager to take certain actions in connection with such Project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's Contract with Hill Studio, P.C., in an amount not to exceed $425,000.00 for additional A/E services for the Elmwood Park Improvements Project, all as more fully set forth in the City Council Agenda Report to this Council dated February 21, 2012. 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 $425,000.00, including an initial Amendment for the additional A/E services referred to above in an amount of $375,000.00, all as set forth in the above Report. 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: Stephanie M. Moon, MMC City Clerk S)ID2avidPFBowers Mayor 1 273 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of February, 2012. No. 39317-022112. AN ORDINANCE to transfer funding from the Capital Improvement Reserve Contingency to the Elmwood Park Improvements Project, amending and reordaining certain sections of the 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 2012 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Contingency 08- 530 - 9575 -9220 $ (275,000.00) Appropriated from General Revenue 08- 530 - 9667 -9003 $ 275,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon MMC '> David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of February, 2012., No. 39318- 022112. AN ORDINANCE to appropriate funding from the state government and private grants for various educational programs, amending and reordaining certain sections of the 2011 -2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 274 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Materials and Supplies 302 - 110- 0000 - 0050 -768F- 61100 - 46614 -2 -01 $4,900.00 Teacher Stipends - 302 - 110- 0000 - 0390 -322F- 61100- 41129 -3 -10 8,424.00 Patrick Henry Teacher Stipends - 302 - 110- 0000 - 0400 -322F- 61100- 41129 -3 -10 8,424.00 William Fleming Education 302 - 110 - 0000 - 1000 -305F- 61100 - 41138 -9 -09 240.00 Coordinators Instructional Supplies 302 -110- 0000 - 1000 -305F- 61100 - 46614 -9 -09 2,647.00 Teacher Stipends - 302 - 110 - 0000 - 1304 -322F- 61100- 41129 -3 -10 8,424.00 Forest Park Academy Revenues State Grant Receipts 302 - 000 - 0000 - 0000 -305F- 00000 - 32220 -0 -00 2,887.00 State Grant Receipts 302 - 000 - 0000 - 0000 -322F- 00000 - 32415 -0 -00 25,272.00 Private Foundation 302 - 110- 0000 - 0000 -768F- 00000 - 33808 -0 -00 4,900.00 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: J � Stephanie M. Moon, MMC Davi &AB City Clerk Mayor 1 275 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5t" day of March, 2012. No. 39319- 030512. A RESOLUTION memorializing the late Sloan H. Hoopes, former Chairman of the City of Roanoke's War Memorial Committee and the Mayor's Committee for the Disabled. WHEREAS, Mr. Hoopes was born in Hartford County, Maryland, received a B.A. in Business from the University of Maryland, and undertook graduate study in Marketing at Johns Hopkins University; WHEREAS, Mr. Hoopes was a combat veteran of World War II, where he served in China and was shot down behind enemy lines; WHEREAS, Mr. Hoopes received a number of awards for his military service, including the Purple Heart, the Air Medal, the Distinguished Flying Cross, and the Chinese Government Valor Award; WHEREAS, Mr. Hoopes brought his family to Roanoke in 1958, and spent 25 years as a territorial sales representative for the John Deere Company; WHEREAS, Mr. Hoopes devoted much of his life after the war to leadership roles with veterans advocacy organizations, including Commander of the Disabled American Veterans (DAV) Chapter 3 in Roanoke, DAV Department Commander of Virginia, and several terms as DAV National Deputy Chief of Staff; WHEREAS, Mr. Hoopes was also a Commander of Veterans of Foreign Wars (VFW) Post 1264 in Roanoke, and belonged to American Legion Post 3, the Military Order of the Purple Heart, the POW Roanoke Chapter, was past Chairman of the Roanoke Valley Veterans Council, and provided leadership in the development of the Veterans Care Center in Salem; WHEREAS, Mr. Hoopes was a life member of the Knights of Columbus, for which he served as Past Grand Knight and Past Faithful Navigator; WHEREAS, as a veteran of war Mr. Hoopes offered his service to the City of Roanoke itself through his involvement with the city's War Memorial Committee, of which he had been a member since 1991; 1 276 WHEREAS, Mr. Hoopes was a private person who did not speak much of his accomplishments, but whose contributions will provide a legacy for years to come; and WHEREAS, Mr. Hoopes exemplified the dignity and service of America's armed forces, both as a soldier and as a member of this community. NOW, 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 Sloan H. Hoopes, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to his family. APPROVED ATTEST: B44.,� WT) • b') Stephanie M. Moon, MMC D Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2012. No. 39320 - 030512. A RESOLUTION commending and paying tribute to Dr. Robert "Bob" Roth and Dorothy "Dot" Hubbard Roth for their exemplary public service to the City of Roanoke and its citizens. WHEREAS, Dr. Roth personally delivered the signed Sister Cities International agreement between Wonju, South Korea and the City of Roanoke in 1965, while serving as a medical missionary in Wonju; and on September 19, 1967, Roanoke held its first sister -city celebration; WHEREAS, after becoming President of Roanoke Valley Sister Cities, Dr. Roth oversaw the growth of sister city relationships with the addition of Kisumu, Kenya; Pskov, Russia; Florianopolis, Brazil; Opole, Poland; Lijiang, China; and St. Lo, France; 1 1 1 277 WHEREAS, Dr. Roth has been instrumental in providing many prominent physical reminders of our international friendships to the City of Roanoke, such as the large mural at the Roanoke Civic Center, painted by a Korean artist; a display of artifacts from each of our Sister Cities housed at the Main Library; a display of artifacts from Wonju at Virginia Western Community College; a Friendship Fountain and Sister City flags located on Church Avenue downtown; signage displaying the names and distances of each sister city, two Korean pear trees from Wonju, Korea on Wonju Street; and four additional trees on Mill Mountain; WHEREAS, Dorothy "Dot" Hubbard Roth served as an education missionary in Wonju, South Korea, prior to arriving in Roanoke to become the wife and helpmate to Dr. Roth in 1973, and she has been an integral part of all the sister city activities in the Roanoke community and especially the social activities held at their family home, "Peace Pagodas at the Lake "; WHEREAS, Mrs. Roth has provided a loving home for their three children; she has been an active member of South Roanoke United Methodist Church, where she sings in the choir, attends Sunday School and works with many committees; and many other community activities too numerous to list; WHEREAS, Dr. Roth and Mrs. Roth, with great personal expense and sacrifice, have nurtured the growth of healthy international relationships through visits, exchanges, the Around Our World Newsletter and many other activities; and inasmuch as Dr. and Mrs. Roth will be relocating to Williamsburg, Virginia to be closer to family, their contributions will be greatly missed. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council adopts this means of recognizing and commending Dr. Robert "Bob" Roth and Dorothy "Dot" Hubbard Roth for their exemplary public service to the City of Roanoke and its citizens. ATTEST: Stephanie M. Moon, MMC City Clerk 1 APPROVED S:Ka A. Bowers Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2012. No. 39321 - 030512. A RESOLUTION accepting the FY 2011 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 FY 2011 Assistance to Firefighters Grant to the City of Roanoke Fire -EMS Department, in the amount of $115,200.00 with local matches of $12,672.00 from the City of Roanoke, $12,672.00 from the County of Roanoke, $2,304.00 from the City of Salem, and $1,152.00 from the Town of Vinton, for a total approved project amount of $144,000.00, to be used to purchase training props for the Roanoke Valley Regional Fire -EMS Training Center's burn building, as more particularly described in the report of the City Manager to Council dated March 5, 2012. 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: '44'a.-, 4 v"J Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor E 1 C 279 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2012. No. 39322 - 030512. AN ORDINANCE to appropriate funding from the Federal Emergency Management Agency (FEMA) for the Assistance to Firefighters Program, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 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 FY12— Federal Assistance to Firefighters FY12 —Local Assistance to Firefighters FY12— Roanoke Co Assistance to Firefighters FY12 —Salem Assistance to Firefighters FY12— Vinton 35- 520 - 3752 -9015 $144,000.00 35- 520 - 3752 -3752 115,200.00 35- 520 - 3752 -3753 12, 672.00 35- 520 - 3752 -3754 12, 672.00 35- 520 - 3752 -3755 2,304.00 35- 520 - 3752 -3756 1,152.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: in Stephanie M. Moon, MMC City Clerk APPROVED David A. Bowers Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2012. No. 39323 - 030512. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with a certain bridge replacement and intersection improvement project; authorizing City staff to acquire such property rights by negotiation; authorizing the City Manager to execute appropriate acquisition documents; 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. For a certain bridge replacement and intersection improvement project at the intersection of Hollins Road and Old Mountain Road, the City wants and needs certain real property rights, to include fee simple interests, temporary construction easements, permanent easements, rights of ingress and egress, and licenses or permits, as set forth in the Agenda Report to this Council dated March 5, 2012. The proper City officials and City staff are hereby authorized to acquire by negotiation the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned Agenda Report for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcels for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, and recordation fees, design and construction costs, shall not exceed the funds available in the project account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of a deed, approved as to form and execution by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: A4 -A--� /77 - z)Q.(Nv Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 281 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of March, 2012. No. 39324 - 030512. A RESOLUTION authorizing execution of an agreement for the installation of a live green roof at the main entrance of the Municipal Building upon certain terms and conditions. WHEREAS, the Facilities Management Division and Transportation Division have collaborated on the installation of a "live" green roof at the main entrance of the Municipal Building; WHEREAS, installation of this system is a component of the City of Roanoke's Clean and Green initiatives; WHEREAS, the primary benefit of the system is an extension of the life span of the roof, normally 20 years, to an expected 60 years; and WHEREAS, the system will reduce stormwater runoff from the roof, filter and clean any runoff that is conveyed into the right of way, and reduce heating and cooling loads on the Municipal Building. BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to execute, on behalf of the City of Roanoke, a Certified Installer Agreement with LiveRoof, regarding the live green roof project, and other documents incidental thereto, such agreement and other documents to be approved as to form by the City Attorney, all as more particularly set forth in the City Manager "s letter dated Marc", 2012, to City Council. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk 1 David A. Bowers Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39325 - 031912. A RESOLUTION accepting the Blue Ridge Regional DUI Taskforce 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 Blue Ridge Regional DUI Taskforce 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 March 19, 2012. 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 Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. ATTEST: j*L-0-4-� Stephanie M City Clerk Moon, M C APPROVED Da .Bowers Mayor �1 J we�J IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39326- 031912. 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35- 640 - 3447 -1003 $ 3,019.00 FICA 35- 640 - 3447 -1120 231.00 Revenues DMV Regional DUI Grant FY12 35- 640 - 3447 -3447 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39327 - 031912. A RESOLUTION accepting the Virginia Department of Motor Vehicles Highway 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 Virginia Department of Motor Vehicles Highway Safety Grant in the amount of $3,000.00. The subgrant, which requires no match by the City, is more particularly described in the report of the City Manager to Council dated March 19, 2012. 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 Commonwealth of Virginia, Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39328 - 031912. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a regional Crash Team safety grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 1 285 Appropriations Overtime Wages 35- 640 - 3448 -1003 $ 2,787.00 FICA 35- 640 - 3448 -1120 213.00 Revenues DMV Regional Crash Team Grant FY12 35- 640 - 3448 -3448 3,000.00 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: At�& �- ry), Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39329 - 031912. A RESOLUTION authorizing acceptance of the United States Marshals Service Grant awarded to the Roanoke City Police Department bg the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Marshals Service, the United States Marshals Service Grant in the amount of $3,864.00, 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 grant is more particularly described in the report of the City Manager to Council, dated March 19, 2012. 1 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 to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March 2012. No. 39330 - 031912. 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 2011 -2012 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 2011 -2012 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 FY12 35- 640 - 3666 -2038 $ 3,864.00 35- 640 - 3666 -3666 3,864.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: A:�� M. I WV') Stephanie M. Moon, MMC City Clerk �') avi A Mayor 1 1 287 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39331- 031912. AN ORDINANCE approving and authorizing execution of Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement among the City of Roanoke, the County of Roanoke, and the Town of Vinton; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City of Roanoke, the County of Roanoke, and the Town of Vinton previously entered into a Roanoke Valley Regional Cable Television Committee Agreement dated June 9, 1992, that authorized the Roanoke Valley Regional Cable Television Committee (Cable TV Committee or Committee) to provide for the development, administration, and operation of cable television governmental, educational, and institutional facilities and programming; WHEREAS, the three jurisdictions have enacted Cable Television Franchise Ordinances effective October 31, 2003, and entered into Cable Television Franchise Agreements, pursuant to those Ordinances, with CoxCom, Inc., d /b /a . Cox Communications Roanoke; WHEREAS, the Roanoke Valley Regional Cable Television Committee Agreement (RVRCTVC Agreement) was modified by Amendment No. 1 dated March 10, 2004, to reflect references to the adopted Cable Television Franchise Ordinances and Cable Television Franchise Agreements mentioned above. Amendment No._ 1 was approved by City Council by Ordinance No. 36578- 121503; WHEREAS, the Cable TV Committee has determined that it is desirable to further amend the RVRCTVC Agreement in order to provide more specific notice requirements and other conditions as further described in the City Council Agenda Report dated March 19, 2012; and WHEREAS, the members of the Cable TV Committee have approved a proposed Amendment No. 2 as referred to in the above Agenda Report and have recommended and requested that the respective local governing bodies approve and. adopt such proposed Amendment No. 2. 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 Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement attached to the City Council Agenda Report dated March 19, 2012, to this Council. 2. The City Manager and City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, Amendment No. 2 to the Roanoke Valley Regional Cable Television Committee Agreement in a form substantially similar to the one attached to the above mentioned Agenda Report. 3. The form of the Amendment shall be approved by the City Attorney. 4. The City Manager is authorized to take such further action and execute such additional documents as may be necessary to implement and administer such Amendment No. 2 to the . Roanoke Valley Regional Cable Television Committee Agreement and the Agreement itself, as amended. 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39332 - 031912. A RESOLUTION readopting the Emergency Operations Plan for the City of Roanoke. WHEREAS, this Council is greatly concerned with the health, safety and well- being of its citizens and desires that the best possible emergency services be available to them; WHEREAS, the Commonwealth of Virginia Emergency Services and Disaster Law of 2000, Chapter 3.2 of Title 44 of the Code of Virginia , as amended, requires that each city and county in the Commonwealth maintain an Emergency Operations Plan which addresses its planned response to emergency situations; 1 • WHEREAS, such an Emergency Operations Plan was developed by City staff in coordination with the Virginia Department of Emergency Management, and City Council, by Resolution No. 35688- 121701, authorized the adoption of the Emergency Operations Plan; WHEREAS, the Emergency Operations Plan has been revised and updated and the Commonwealth of Virginia Department of Emergency Management requires the readoption of Emergency Operations Plans every four years; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council does hereby readopt the Emergency Operations Plan for the City of Roanoke in accordance with the recommendation contained in the City Manager's letter to Council dated March 19, 2012. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39333 - 031912. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2012 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, 2012, 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. 1 40011 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 64.75% tax relief. 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only receive 64.75% 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39334 - 031912. AN ORDINANCE to appropriate funding from the federal and state government grants -for various educational programs, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 1 Appropriations Stipends Teacher Stipends — Highland Park Social Security — Highland Park Materials and Supplies — Highland Park Part -time Tutors — Jackson Social Security- Jackson Part -time Tutors — Garden City Social Security— Garden City Contracted Services — Professional Development — Garden City Teacher Stipends— Monterey Social Security- Monterey Materials and Supplies — Monterey Materials and Supplies Revenues Federal Grant Receipts State Grant Receipts Federal Grant Receipts 291 302 - 110 - 0000 - 0000 -930S- 61100 - 41129 -9 -01 $ 44,452.00 302 -110- 0000 - 0110 -133F- 61100- 41129 -2 -01 10,730.00 302 - 110- 0000 - 0110 -133F- 61100- 42201 -2 -01 800.00 302 - 110 -000 0- 0110 -133F- 61100 - 46614 -2 -01 3,757.00 302 - 110- 0000 - 0230 -133F- 61100- 41121 -3 -01 14,000.00 302 - 110- 0000 - 0230 -133F- 61100- 42201 -3 -01 1,287.00 302 - 110- 0000 - 0300 -133F- 61100- 41121 -2 -01 12,100.00 302 - 110- 0000 - 0300 -133F- 61100- 42201 -2 -01 900.00 302-110-0000-0300-133F-61100-43313-2-01 2,287.00 302-110-0000-0370-133F-61100-41129-2-01 9,400.00 302 - 110- 0000 - 0370 -133F- 61100- 42201 -2 -01 600.00 302 -110- 0000 - 0370 -133F- 61100- 46614 -2 -01 5,287.00 302 - 110- 3300 - 0000 -361 F- 62140- 46615 -9 -00 16,094.00 302 - 000 - 0000 - 0000 -133F- 00000 - 38010 -0 -00 61,148.00 302 - 000 - 0000 - 0000 -361 F- 00000 - 32340 -0 -00 16,094.00 302 - 000 - 0000 - 0000 -930S- 00000 - 38410 -0 -00 44,452.00 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: A4L,- " - d Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39335 - 031912. A RESOLUTION repealing Resolution No. 26234- 092782, adopted September 27, 1982, and abolishing the War Memorial Committee. 292 WHEREAS, the duties and responsibilities heretofore conferred on the War Memorial Committee are no longer required by City Council, and Council deems it appropriate and expedient to abolish the War Memorial Committee; and WHEREAS, there are currently no members serving on the War Memorial Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Resolution No. 26234- 092782, adopted September 27, 1982, be and it hereby is REPEALED, and the War Memorial Committee be and it is hereby ABOLISHED. APPROVED ATTEST- Stephanie M. Moon, MMC Qav A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39336- 031912. 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, .by repealing all Proffered Conditions set forth in the First Amended Petition, filed August 17, 1994, and accepted by City Council by the adoption of Ordinance No. 32212 - 102494, as they pertain to the parcel of land at 752 Orange Ave., N. E., and dispensing with the second reading by title of this ordinance. WHEREAS, David O. Williamson, on behalf of RYT, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal all proffered conditions as they pertain to 752 Orange Ave., N. E., bearing Official Tax No. 3042002, and as accepted by City Council with the adoption of Ordinance No. 32212 - 102494 on October 24, 1994; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 1 n 1 1 293 WHEREAS, a public hearing was held by City Council on such application at its meeting on March 19, 2012, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the repeal of certain proffers as they pertain to property located at 752 Orange Ave., N. E., bearing Official Tax No. 3042002, as set forth in the Zoning Application dated January 5, 2012. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Proffered Conditions 1 through 5 set forth in the First Amended Petition, filed August 17, 1994, and accepted by City Council when it adopted Ordinance No. 32212- 102494, on October 24, 1994, with respect to property located at 752 Orange Ave., N. E., bearing Official Tax No. 3042002, be repealed as requested in the Zoning Application dated January 5, 2012, and that such property be zoned CG, Commercial General District; and that §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. 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: Stephanie M. Moon, M City Clerk APPROVED 1�i)-O—Mamow� David A. Bowers Mayor 294 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of March, 2012. No. 39337 - 031912. AN ORDINANCE authorizing the proper City officials to execute a contract to sell to NDRA II, LLC, certain City owned property located at 4412 Huff Lane, N. W., Roanoke, Virginia, and identified as an approximate 5.310 acre portion of Tax Map No. 2370101, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matter on March 19, 2012, pursuant to Sections 15.2- 1800 and 15.2 -1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of such property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized on behalf of the City to execute and attest, respectively, a contract to sell to NDRA II, LLC, certain City owned property located at 4412 Huff Lane, N. W., Roanoke, Virginia, and identified as an approximate 5.310 acre portion of Tax Map No. 2370101, upon certain terms and conditions as set forth in the contract attached to the Agenda Report to this Council dated March 19, 2012. Such contract is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. The purchase price to be paid to the City shall be $1,850,000.00, as set forth in such Agenda Report. 2. The City Manager is further authorized to execute such further documents, including a Deed of Conveyance, and take such further actions as may be necessary to accomplish the above matters and complete the sale of the above - mentioned property to NDRA II, LLC, with the form of such documents to be approved by the City Attorney, and to implement, administer, and enforce the above- mentioned contract and any subsequent documents. 1 1 295 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: Stephanie M. Moon, M& SDavi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of April, 2012. No. 39338 - 040212. A RESOLUTION approving the Roanoke Regional Airport Commission's 2012- 2013 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 2012 - 2013 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 20, 2012. APPROVED ATTEST: Stephanie M. Moon, M OVDadBow City Clerk Mayor N09 • I IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 "d day of April, 2012. No. 39339 - 040212. AN ORDINANCE authorizing the donation of certain City -owned transportation equipment to the Virginia Museum of Transportation, Inc., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, the Virginia Museum of Transportation, Inc., ( "Museum ") has requested that the City donate to it the A -Class 1218 Locomotive, and the J -Class 611 Locomotive, subject to the conditions that Norfolk Southern Railway Company has outlined in its letter dated March 9, 2012, attached hereto as Attachment A. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby donates to the Museum the A -Class 1218 Locomotive, and the J -Class 611 Locomotive as outlined in the City Manager's report to Council dated April 2, 2012. 2. The City Manager is authorized to execute a Donation and Cancellation Agreement with the Museum under such terms as the City Manager deems appropriate and in a 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: y.,r� . az1yJ �� Stephanie M. Moon, MMC Davi . Bowers City Clerk Mayor I� 297 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 "d day of April, 2012. No. 39340- 040212. AN ORDINANCE amending and reordaining subsection (d)(6), of Section 11.4 -3, Applicability, of Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended, for the purpose of expanding an exemption under the City's Stormwater Management Ordinance for linear development projects, 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, Applicability, of Chapter 11.4, Stormwater Management, 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: (i) provided that wheFe less than 5,^� ^�guaFe -feet one (1) acre of land will be disturbed per outfall or watershed, (a) the re6 Elting if} eRS - . ; the peak - low dtscharge fre m n ten-year 6toFm event dE)e.6net exceed 0.5 Gubio foot ner 6eeend er fide (5) nereent of the existing flew, whiehever us greater, and (b) (ii) there will be insignificant increases in peak flow rates; and (iii) there are no existing or anticipated flooding or erosion problems downstream of the discharge point as determined by the administrator. 1 . ;� 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk i I Dav Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of April, 2012. No. 39341 - 040212. AN ORDINANCE to appropriate funding from the Series 2012 Bonds to various capital projects, amending and reordaining certain sections of the 2012 Civic Facilities, Capital Projects, Department of Technology, and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of sections of the 2012 Civic Facilities, Capital School Capital Projects Funds Appropriation s and reordained to read and provide as follows; Civic Facilities Fund Appropriations Civic Center HVAC Improvements the City of Roanoke that the following Projects, Department of Technology, and be;- and the same are hereby, amended 05- 550 - 9956 -9334 $ 750,000.00 1 1 MIMI 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk i I Dav Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of April, 2012. No. 39341 - 040212. AN ORDINANCE to appropriate funding from the Series 2012 Bonds to various capital projects, amending and reordaining certain sections of the 2012 Civic Facilities, Capital Projects, Department of Technology, and School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of sections of the 2012 Civic Facilities, Capital School Capital Projects Funds Appropriation s and reordained to read and provide as follows; Civic Facilities Fund Appropriations Civic Center HVAC Improvements the City of Roanoke that the following Projects, Department of Technology, and be;- and the same are hereby, amended 05- 550 - 9956 -9334 $ 750,000.00 1 1 299 Capital Projects Fund Appropriations Department of Technology Fund Appropriations Digital Radio Upgrade 13- 430 - 9951 -9333 2,000,000.00 School Capital Projects Fund 9th Street SE Bridge Over Roanoke 08- 530 - 9530 -9326 530,000.00 River 31- 060 - 9713 -9205 1,500,000.00 Old Mountain Rd Bridge Renovation 08- 530 -9530 -9336 500,000.00 Neighborhood Storm Drain Projects 08- 530 - 9530 -9337 1,120,000.00 Countryside Master Plan 08- 620 - 9210 -9335 1,500,000.00 Revenues General Obligation Bond Proceeds— 08- 110 - 1234 -1042 3,300,000.00 Par 175,000.00.00 General Obligation Bond Proceeds- 08- 110 - 1234 -1046 350,000.00 Premium Department of Technology Fund Appropriations Digital Radio Upgrade 13- 430 - 9951 -9333 2,000,000.00 School Capital Projects Fund Appropriations Highland Park HVAC Project 31- 060 - 9713 -9205 1,500,000.00 Grandin Court Plumbing Project 31- 060 - 9713 -9206 400,000.00 Revenues General Obligation Bond Proceeds— 31- 110- 1234 -1142 1,725,000.00 Par General Obligation Bond Proceeds— 31- 110 - 1234 -1149 Premium 175,000.00.00 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?C1�� ! `. Stephanie M. Moon, MMC David �ABowers City Clerk Mayor 300 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39342 - 041612. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2012 -2013, 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 2012 -2013, in the amount of $7,940.042 is hereby approved, all as more particularly set forth in a letter to the City Manager dated March 28, 2012, 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: 7tZ)4�- 8 Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA The 16th day of April, 2012. No. 39343 - 041612. A RESOLUTION accepting the Western Virginia Workforce Development Board Workforce Investment Act grant to the City in the amount of $12,672.00 for Program Year 2011, 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 to the City in the amount of $12,672.00 for Program Year 2011, with no local match from the City, to be used during the period of July 1, 2011, through June 30, 2013, 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 April 16, 2012, to City Council, is hereby ACCEPTED. L L 301 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: Stephanie M. Moon, MMC �DavidA. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39344 - 041612. AN ORDINANCE to appropriate additional funding from the Commonwealth of Virginia for the FY12 Workforce Investment Act Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Administrative — Contract Services Adult— Contract Services Dislocated Worker— Contract Services Revenues Workforce Investment Act Grant FY12 35- 633 - 2380 -8057 $ 1,267.00 35- 633 - 2381 -8057 5,245.00 35- 633- 2382 -8057 6,160.00 35- 633 - 2380 -2380 12, 672.00 302 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: g'� rn Stephanie M. Moon, MMC City Clerk QDaPiA. Bo wers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39345 - 041612. AN ORDINANCE to transfer funding from the Capital Improvement - Reserve Contingency to the Fallon Park Pool Repairs Project, 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 Contingency 08- 530 - 9575 -9220 $ (164,000.00) Appropriated from General Revenue 08- 440 - 9658 -9003 164,000.00 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: *4a.- Tno \ Stephanie M. Moon, MMC . City Clerk David A. Bowers Mayor 1 1 303 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39346- 041612. AN ORDINANCE to appropriate funding from the federal and state government grants for various educational programs, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Testing 302- 170 - 3000 - 1160 -119E- 61100- 45584 -3 -03 $ 2,999.00 Supplemental Pay 302 - 110 - 0000 - 0340 -157F- 61100 - 41129 -2 -01 768.00 Stipends Social Security 302 - 110 - 0000 - 0340 -157F- 61100 - 42201 -2 -01 59.00 Purchased Services 302 - 110 - 0000 - 0340 -157F- 61100 - 43313 -2 -01 18,050.00 Supplemental Pay 302- 110- 0000 - 0300 -157F- 61100- 41129 -2 -01 960,.00 Stipends Social Security 302 - 110- 0000 - 0300 -157F- 61100- 42201 -2 -01 74.00 Purchased Services 302 - 110 - 0000 - 0300 -157F- 61100- 43313 -2 -01 25,650.00 Supplemental Pay 302 - 110 - 0000 - 0110 -157F- 61100 - 41129 -2 -01 576.00 Stipends Social Security 302 - 110- 0000 - 0110 -157F- 61100- 42201 -2 -01 45.00 Purchased Services 302 - 110 - 0000 - 0110 -157F- 61100 - 43313 -2 -01 25,650.00 Supplemental Pay 302 - 110- 0000 - 0370 -157F- 61100- 41129 -2 -01 1,344.00 Stipends Social Security 302 - 110 - 0000 - 0370- 157,F- 61100 - 42201 -2 -01 103.00 Purchased Services 302 - 110 - 0000 - 0370 -157F- 61100 - 43313 -2 -01 25,650.00 Supplemental Pay 302 -110- 0000 - 0430 -157F- 61100 - 41129 -2 -01 960.00 Stipends Social Security 302 - 110 - 0000 - 0430 -157F- 61100 - 42201 -2 -01 74.00 Purchased Services 302 - 110 - 0000 - 0430 -157F- 61100- 43313 -2 -01 25,650.00 Supplemental Pay 302 - 110- 0000 - 0350 -157F- 61100- 41129 -2 -01 1,920.00 Stipends Social Security 302 - 110- 0000 - 0350 -157F- 61100- 42201 -2 -01 147.00 Purchased Services 302 - 110 - 0000 - 0350 -157F- 61100 - 43313 -2 -01 25,650.00 Supplemental Pay 302- 110 - 0000 - 0420 -157F- 61100 - 41129 -2 -01 960.00 Stipends Social Security 302 -110- 0000 - 0420 -157F- 61100 - 42201 -2 -01 74.00 304 Purchased Services 302 -110- 0000 - 0420 -157F- 61100- 43313 -2 -01 18,050.00 Supplemental Pay 302 - 110 - 0000 - 0280 -157F- 61100 - 41129 -2 -01 960.00 Stipends Social Security 302 -110- 0000 - 0280 -157F- 61100- 42201 -2 -01 74.00 Purchased Services 302 - 110 - 0000 - 0280 -157F- 61100 - 43313 -2 -01 25,650.00 Supplemental Pay 302 - 110 - 0000 - 0230 -157F- 61100 - 41129 -2 -01 768.00 Stipends Social Security 302 - 110- 0000 - 0230 -157F- 61100 - 42201 -2 -01 59.00 Purchased Services 302- 110- 0000 - 0230 -157F- 61100- 43313 -2 -01 25,650.00 Materials and 302- 110 - 3300 - 0000 -362F- 62140 - 46615 -9 -00 116.00 Supplies Revenues Federal Grant 302 - 000 - 0000 - 0000 - 119E - 00000 - 38048 -0 -00 2,999.00 Receipts Federal Grant 302 - 000 - 0000 - 0000 -157F- 00000 - 38377 -0 -00 225,575.00 Receipts State Grant Receipts 302 - 000 - 0000 - 0000 -362F- 00000 - 32340 -0 -00 116.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC a Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39347 - 041612. AN ORDINANCE to transfer funding from the William Fleming High School Renovation project to the Westside Solar Water Heater, Preston Park Playground, and Virginia Heights Window Replacement projects, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 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 31- 065 - 6070 -9003 $ (121,890.00) Appropriated from General Revenue 31- 065 - 6063 -9003 2,869.00 Appropriated from General Revenue 31- 065 - 6061 -9003 59,021.00 Appropriated from General Revenue 31- 065 - 6062 -9003 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: Stephanie M. Moon, MMC Z QDa3dA Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39348 - 041612. A RESOLUTION in the Council of the City of Roanoke, .to honor Mary. Colette Carver as a Citizen Hero. WHEREAS, on April 16, 2011, the second annual National College Blue Ridge Marathon was held in Roanoke; WHEREAS, Colette Carver and her husband Bob Welsh, residents of Roanoke County, were in the crowd of spectators; WHEREAS, as the marathon runners and walkers were crossing the finish line on Norfolk Avenue, one of the runners, Ed Dietch, collapsed in front of Mrs. Carver and her husband. Mrs. Carver instinctively ran over to Mr. Dietch and checked his vital signs; and finding no pulse, she and a paramedic immediately started CPR on him, awaiting medical crews were able to take over and Mr. Dietch was taken to Carilion Roanoke Memorial Hospital; WHEREAS, the marathon organizers later learned that Mr. Dietch had suffered a massive heart attack and was in full cardiac arrest when he collapsed; C 306 WHEREAS, due to the quick response of Mrs. Carver, the paramedics, the marathon staff doctor, Karen Alldredge, and the cardiac team at Roanoke Memorial Hospital, Mr. Dietch was able to make a full recovery and plans to walk the half marathon of the 2012 National College Blue Ridge Marathon; WHEREAS, Colette Carver is commended for her selfless act of heroism, and her calmness and confidence demonstrated during this emergency. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Mary Colette Carver be named a 2012 Citizen Hero in the City of Roanoke, Virginia. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk Vomw ��ZD A. ers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39349 - 041512. A RESOLUTION paying tribute to the Patrick Henry High School Boys' Varsity Basketball Team for its outstanding 2011 -12 season, including a third consecutive Western Valley District Regular Season and Tournament Championship. WHEREAS, this Patriots team, comprised of four seniors, five juniors, five sophomores, and one freshman, showed great determination by going 6 -2 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 Number One Seed; WHEREAS, the Patriots won their Semifinal District Tournament game 71 -38 over Halifax High School, won their District Final with a 41 -37 victory over Danville's George Washington High School, and defeated Stonewall Jackson High School of Manassas 55 -48 to advance to the Semifinal Northwest Region Tournament where they mounted a brave challenge to Gar -Field High School's 26 -1 Indians; 1 [l 1 307 WHEREAS, 2012 marks the third consecutive year the Patriots have achieved a 20 plus win season, the first time since 1992 when they won the State Tournament in Charlottesville; and WHEREAS, further honor was conferred upon the team this season by virtue of junior guard Marcus Banks being named District Player of the Year, and Honorable Mention All State; and Coach Jack Esworthy, now in his eighteenth year at Patrick Henry, being named Western Valley District Coach of the Year for the fourth consecutive 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 third consecutive Western Valley District Championship and third consecutive 20 plus win season February 2012.. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Patriot's Coach, Jack Esworthy. APPROVED ATTEST: A4& aR Stephanie M. Moon, MMC id A. Bowers City Clerk Mayor IN THE COUNCLL OF THE CITY OF ROANOKE, VIRGINIA, The 1.6th day of April, 2012. .No. 39350 - 041612. A RESOLUTION recognizing and commending the outstanding performance of the 2011 -2012 William Fleming High School Girls Varsity Basketball Team. WHEREAS, the Lady Colonels, comprised of 12 players, proudly and professionally represented William Fleming High School and the entire Roanoke Valley by capturing the Western Valley District Championship on February 7, 2012, defeating Franklin County High School by a score of 64 -56, with Ryjae Anderson as the leading scorer with 27 points; 1 We* WHEREAS, under the leadership of Head Coach Ronald "Champ" Hubbard and assistant coaches, the Lady Colonels always played with great teamwork, confidence, composure and determination, thus reflecting great credit on the City of Roanoke and finishing its season as the Regular Season Western Valley District Champions, VHSL Northwest Region Tournament Number One Seed, and the VHSL State Quarterfinalists with an outstanding 17 -10 record; WHEREAS, further honors were conferred upon the Lady Colonels this season by virtue of team members Ryjae Anderson and Keshonda Haynes being selected to the 1St All Western Valley District Team, Antavia Stevens and Erika Coleman being selected to the 2nd All Western Valley District Team; and Ryjae Anderson and Keshonda Haynes being selected to the 2nd Northwest Regional Team. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council adopts this means of recognizing and commending the outstanding performance of the 2011 -2012 William Fleming High School Varsity Lady Colonels Basketball Team and Coach Ronald "Champ" Hubbard and his assistant coaches for their victory in the Western Valley District Regular Season Championship. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Lady Colonel Coach, Ronald "Champ" Hubbard. APPROVED ATTEST: Stephanie M. Moon, MMC Davi5dA . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39351 - 041612. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. 309 WHEREAS, Fenton Childers, on behalf of Kroger Limited Partnership I, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have property located at 3635 Peters Creek Road, N. W. and 0 Peters Creek Road, N. W., bearing Official Tax Map Nos. 6490807 and 6490814, rezoned from MX, Mixed Use District, subject to certain conditions, to CLS, Commercial Large Site District, with conditions, for use of the property as an office building (existing) and gasoline station (new). The Peters Creek North Neighborhood Plan designates the property for commercial use; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 16, 2012, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the ' . public necessity, convenience, general welfare and good zoning practice, requires the rezoning of the subject property, 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 Map Nos. 6490807 and 6490814, be, and are hereby rezoned from MX, Mixed Use District subject to certain conditions, to CLS, Commercial Large Site District, with conditions, subject to the proffers contained in the Zoning Amended Application No. 3, dated February 21, 2012. 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)-)•rr� -J 9� Stephanie M. Moon, MMC / David A. Bowers City Clerk Mayor 310 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39352 - 041612. AN ORDINANCE to amend §36.2 -100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain property within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, William R. Rakes, on behalf of Roanoke River Associates, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have properties located at 330 Walnut Ave., S. E.; O Walnut Ave., S. E.; 323 Walnut Ave., S. E., bearing Official Tax Map Nos. 4030303, 4030302, 4030306, 4030305, respectively, from 1 -1, Light Industrial District to D, Downtown District, with _a condition; and to rezone properties located at 1412 Mill Street, S. E.; 1600 Jefferson St., S. E.; 1620 Jefferson St., S. E.; and 1700 Jefferson St., S. E., bearing Official Tax Map Nos. 4030501, 4040106, 4040401, and 4040301, respectively, from INPUD, Institutional Planned Unit Development District to D, Downtown District, with a condition. The proposed use of the property is a mixed -use, urban village. The South Jefferson Redevelopment Area plan designates the property for institutional /mixed use and public use /permanent open space. WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 16, 2012, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. [l 311 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 Nos. 4030303, 4030302, 4030306, 4030305, be, and are hereby rezoned from 1 -1, Light Industrial District, to D, Downtown District; and 4030501, 4040106, 4040401, and 4040301, be, and are hereby rezoned from INPUD, Institutional Planned Unit Development District, to D, Downtown District, subject to the proffers contained in the Application dated February 2, 2012. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Q Q Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of April, 2012. No. 39353 - 041612. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Blue Ridge Zoological Society of Virginia, Inc., for the lease .of portions of the following City owned properties, designated as Tax Map Nos. 4070521, 4050306, 4050306A, 4070507, and 4060505, for the purpose of operating and maintaining Mill Mountain Zoo; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on April 16, 2012, pursuant to § §15.2- 1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 312 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 Blue Ridge Zoological Society of Virginia, Inc., for the lease of portions of the following City owned properties, designated as Tax Map Nos. 4070521, 4050306, 4050306A, 4070507, and 4060505, for the purpose of operating and maintaining Mill Mountain Zoo, as further described in the City Manager's report to Council dated April 16, 2012, with the following provisions: A. For an initial term of one (1) year, automatically renewable for four additional one (1) year terms, retroactive to July 1, 2011, provided that either party may terminate with or without cause at anytime during either the initial or renewal term, upon sixty (60) days written notice; B. The City shall provide $33,120.00 annually during the term of the lease towards the operating costs of operating and maintaining the Mill Mountain Zoo; C. Blue Ridge Zoological Society of Virginia, Inc., shall pay an annual rent of $10.00 to the City; and D. Blue Ridge Zoological Society of Virginia, Inc., shall be responsible for all operating and maintenance costs for the Mill Mountain Zoo above the $33,120.00 paid by the City each year. 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: Cafi Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 1 0K IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39354 - 050712. A RESOLUTION memorializing the late Colonel Robert Russ Craig, a resident of the City of Roanoke; WHEREAS, the members of Council learned with sorrow of the passing of Colonel Craig, on 1 April 2012; WHEREAS, Colonel Craig was born on January 27, 1940 to Betty R. and Francis A. Craig; WHEREAS, Colonel Craig earned an B.S. in engineering from the University of Maine, and an M.B.A. from University of Hawaii; WHEREAS, Colonel Craig was commissioned in the United States Marine Corps and served for 28 years in a variety of command and staff positions; and his decorations include the Legion of Merit, Bronze Star with "V" device, Presidential Unit Citation, and Vietnam Campaign Ribbon with Silver Star device; WHEREAS, Colonel Craig taught as an instructor at the Army's Artillery School at Fort Sill, and at several universities in undergraduate and graduate management and financial courses; WHEREAS, Colonel Craig also served as a Comptroller for the IRS and worked as a consultant on various computer systems before moving to Roanoke in 1999; WHEREAS, as a self- described gentleman of leisure, Colonel Craig explored and photographed the back roads and small towns of Virginia, and made his photographs available at the Farmers' Market in downtown Roanoke; WHEREAS, Colonel Craig's other retirement passion was the promotion of effective and efficient local governments and obtaining maximum utility of the taxpayers' money; and 314 WHEREAS Colonel Craig was a regular attendee of City Council meetings and addressed Council members with the goal of holding public officials accountable to the needs of the citizens. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Colonel Robert R. Craig, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Colonel Craig's sons, Michael Craig and Richard Craig. APPROVED ATTEST: )TIJ Stephanie M. Moon, MMC Da A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39355 - 050712. A RESOLUTION proclaiming May 2012 as Bike Month. WHEREAS, May is recognized throughout the United States as Bike Month and provides the opportunity to increase public awareness of bicycling and events that promote the benefits of bicycling such as the Mayor's Bike Ride, Bike to Work events, road and mountain bike rides and races, police bicycle patrols, designated bicycle routes, on and off road bicycle facilities, the City's Greenways and the trails at Carvins Cove and on Mill Mountain; WHEREAS, promotion of bicycling is compatible with the City's interests and goals related to multi -modal transportation, economic development and recreation; and 1 315 WHEREAS, the City of Roanoke is a Bicycle Friendly Community that actively supports, bicycling, strives to provide safe accommodations for bicyclists and encourages residents to bike for transportation and recreation. NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that Council does hereby proclaim May 2012 as Bike Month and encourages citizens to participate in Bike Month activities. APPROVED ATTEST: /Ip�-- Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7t" day of May, 2012. No. 39356- 050712. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2012- 2013 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 2012 -2013 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; 316 WHEREAS, such jurisdictions have agreed to provide funding as stated 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 $185,545.00, 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 $378,813.00, which amount the Cable Committee reduced by $15,000.00 taken from RVTV's Year -End Rollover Account in order to arrive at an amount of $363,813.00 being requested from the member localities for Fiscal Year 2012 -2013, plus an additional amount of $3,360.00 from the City for the cost of providing closed captioning service for televising the monthly 9 a.m. City Council Briefings or Sessions, all as set forth in the letter dated May 7, 2012, to this Council is hereby approved. 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 $188,905.00 (which consists of $185,545.00 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 2012 -2013 as requested in the above letter dated May 7, 2012, to this Council. APPROVED ATTEST: 7 Stephanie M. Moon, MM C Davi Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39357 - 050712. A RESOLUTION accepting the Public Safety Answering Point (PSAP) Grant to the City from the Virginia Wireless E -911 Services Board, and authorizing execution of any required documentation on behalf of the City. 317 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Public Safety Answering Point Grant offered by the Virginia Wireless E -911 Services Board in the amount of $58,000.00, with no local match required, beginning July 1, 2012, to purchase equipment or services to support the enhancement of the City of Roanoke's wireless E -911 capabilities, as more particularly described in the report of the City Manager to Council, dated May 7, 2012. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, on behalf of the City, any necessary documents to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: *A,-, �-n. Stephanie M. Moon, MMC DavWA. wers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39358 - 050712. AN ORDINANCE to appropriate funding from the Virginia E -911 Services Board Grant to the E -911 Upgrades Hardware /Software project, amending and re- ordaining certain sections of the 2012 -2013 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 2012 -2013 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 13- 430 - 9870 -9007 $ 58,000.00 Revenue E -911 Wireless Board State Grant 13- 430 - 9870 -9870 58,000.00 318 Pursuant 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, MM David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39359 - 050712. 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 $177,924.00; 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 $177,924.00, with a required local in -kind dollar for dollar match of supportive services, such match to be provided by the City of Roanoke and various external agencies, for a one year period, beginning July 11, 2012, through July 10, 2013, to provide rental assistance and supportive services to disabled, homeless individuals and their families, as more particularly described in the report of the City Manager to Council, dated May 7, 2012. 2. The City of Roanoke is authorized to be the fiscal agent for this grant and shall be responsible for distributing the grant proceeds. 1 al'J 3. The City Manager is hereby authorized to execute any and all requisite documents, in a 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. ATTEST: "b APPROVED Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39360- 050712. 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Shelter Plus Care 35- 630 - 5304 -2159 $ 177,924.00 Revenues Shelter Plus Care FY13 35- 630 - 5304 -5304 177,924.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MM6 David A. Bowers City Clerk Mayor ,two] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39361- 050712. A RESOLUTION authorizing acceptance of additional funding for 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: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs, the additional funding for the FY2011 Fire Programs Funds Grant in the amount of $4,281.00, with no local match required, to be used to purchase equipment and mounting hardware for new pieces of apparatus for the Fire Department, such additional funding being more particularly described in the report of the City Manager to Council dated May 7, 2012. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the additional funding 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 additional funding. APPROVED ATTEST: 'ivl-� o�" Stephanie M. Moon, MMk David A. Bowers City Clerk Mayor P 1 l7 1 321 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39362- 050712. AN ORDINANCE appropriating additional funding from the Commonwealth of Virginia for the Fire Program Grant, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000.00 Revenues Fire Program FY11 35- 520 - 3340 -2035 $ 4,281.00 35- 520 - 3340 -3340 4,281.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39363- 050712. AN ORDINANCE amending and reordaining Section 12 -3, Technical prevention division generally, Section 12 -16, Adoption of Virginia Statewide Fire Prevention Code, and Section 12 -18, Amendments, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. 322 BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 12 -3. Technical prevention division generally. The fire prevention division of the fire /EMS department, which has heretofore been established, shall continue to be operated under the supervision of the chief of the fire /EMS department. It shall be empowered to enforce all ordinances of the city dealing with the protection of life and property from fire and explosion and the safe escape therefrom, and the handling, storage and use of all dangerous or combustible materials. As provided in section 27 -97 of the Code of Virginia, the minimum standards established shall be not less than and shall include, but shall not be limited to, regulations as prescribed by the 2009 1996 Virginia Statewide Fire Prevention Code Act adopted by the city. Such division shall have such other powers and duties as may be conferred or imposed from time to time by ordinance or by the fire chief or city manager. Sec. 12 -16.. Adoption of Virginia Statewide Fire Prevention Code Pursuant to the provisions of section 27 -97 of the Code of Virginia (1950), as amended, the city hereby adopts and incorporates by reference as if fully set forth herein the Virginia Statewide Fire Prevention Code (2009 2006 edition), as amended (hereinafter referred to in this chapter as the "Statewide Fire Prevention Code "), as the same has been promulgated by the State Board of Housing and Community Development. The Statewide Fire Prevention Code, as adopted by the city, and regulations promulgated in connection therewith, shall be known as the "City Fire Prevention Code ". Sec. 12-18. Amendments The Statewide Fire Prevention Code adopted by the city is hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section numbers appearing in this section refer to such numbers as they appear in the Virginia Statewide Fire Prevention Code adopted by the city. 323 Section 302.1 is added to read as follows: 302.1 Camp Fire. A camp fire shall not be more than two (2 ) feet by two (2) feet by two (2) feet. Wood shall be clean, dry seasoned fire wood. Section 307.1.2 is added to read as follows: 307.1.2 Prohibited Open Burning. No person shall ignite or maintain or cause or permit to be ignited or maintained, any open fire on public or private property outside any building. Salvage, demolition operations or disposal of waste materials by burning is prohibited. Exceptions: 1. Fires may be used for cooking food in an approved device, provided no smoke violation or other nuisance is created. 2. Salamanders and similar heating devices may be used for heating by outdoor workers provided no smoke hazard or other nuisance is created and provided that such devices are used not less than fifteen (15) feet from any structure. 3. Recreational fires as defined in section 302.1 4. Camp fires by permit. 5. Open fires may be set in the performance of official duties by the chief of the Fire -EMS Department or his designee when necessary for any of the following purposes: a. For abatement of fire hazard which cannot be abated by other means. b. For training in firefighting: C. In an emergency or other extraordinary circumstances when open burning is determined by the chief of the Fire -EMS Department to be in the best interest of the public. Section 307.2 is added to read as follows: 307.2 Permit required. A permit shall be obtained from the fire code official in accordance with Section 107.2 prior to kindling a fire for recognized silvicultural or range or wildlife management practices prevention or control of disease or pests, bonfire, or a campfire. Application for such approval shall only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. 3. This ordinance shall be effective on May 7, 2012. 324 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: t�A/11NU01% Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39364- 050712. A RESOLUTION authorizing the appropriate City officials to approve the Substantial Amendment to the 2011 -2012 Annual Update of the 2010 -2015 Consolidated Plan for additional funding and to authorize execution of all necessary documents to accept such funding for the Emergency Shelter Grant in the amount of $45,940.00. WHEREAS, the City previously adopted the 2011 -2012 Annual Plan Amendment to the 2010 -2015 Consolidated Plan which included an original allocation of $81,671.00 of Emergency Shelter Grant ( "ESG ") funds; WHEREAS, the City has been allocated an additional $45,940.00 in ESG funds; and WHEREAS, with the additional $45,940.00 of ESG funds, total ESG funds for fiscal year 2011 -2012 will be $127,611.00. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Substantial Amendment to the 2011 -2012 Annual Update of the 2010- 2015 Consolidated Plan for additional funding in the amount of $45,940.00 is approved. u 325 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, any and all documents required by HUD pertaining to such grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by HUD in connection with the grant. APPROVED ATTEST: V Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of May, 2012. No. 39365- 050712. A RESOLUTION appointing Mae G. Huff, Todd A. Putney, and Dick Willis, Jr., as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2012, and ending June 30, 2015. WHEREAS, pursuant to §9 -24, Code of the City of Roanoke (1979), as amended, a public hearing was held April 16, 2012, relating to the appointment of School Board Trustees; and WHEREAS, this Council is desirous of appointing Mae G. Huff, Todd A. Putney, and Dick Willis, Jr., 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. Mae G. Huff, Todd A. Putney, and Dick Willis, Jr., are hereby appointed as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2012, and ending June 30, 2015. 1 326 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 Mae G. Huff, Todd A. Putney, and Dick Willis, Jr. APPROVED ATTEST: Stephanie M. Moon MMT City Clerk S�avid A. Bowers Mayor 1 C 327 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14t° day of May, 2012. No. 39366-051412. AN ORDINANCE amending Section 20 -89, Penalties for Unlawful Parking of Division 3, Duties of Police Officers; Penalties for Unlawful Parking, and Section 20- 76(h) of Section 20 -76, Parking Spaces Reserved for Persons With Disabilities, of Article IV, Stoppina. Standing and Parking, of Chapter 20, Motor Vehicles and Traffic Code of the City of Roanoke (1979) as amended, by the placement of additional references to the City Code in the parking violation fine summary chart, providing for an increase to the amount of the fine for certain parking violations from $10.00 to $20.00, and the addition of language to clarify the amount of fines that are owed for disabled parking violations; adding new Section 20 -91, Appeals of Parking Violations, to Division 3, Duties of Police Officers; Penalties for Unlawful Parking, of Article IV, Stopping, Standing and Parking, Chapter 20, of the Code of the City of Roanoke (1979) as amended; providing for an effective date; amending the fee compendium; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 20 -89, Penalties for Unlawful Parking, Division 3. .-. Duties of Police Officers Penalties for Unlawful Parking, Article IV, Stoppina Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, to read and provide as follows: Sec. 20 -89. - Penalties for unlawful parking. 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, or such issuance by an officer, or such other city employees as the city other city employees as the manager may designate, of a city manager may designate, notice of violation of a notice of violation 20 =65 65(3); 2065 65(6); $20.00 $35.00 20 =65 65(7); 2065 65(10); 20 =65 65(12); 2065 65(13); 20 -70; 20 -72; 20 -73 or 20 -75 20= 6565(14)or2068 WarningTicket N/A 328 First violation 20= 6565(14) or 2068 20.00 35.00 Second violation, but the first violation on that calendar day 20 =65 65(14) or 2068 30.00 45.00 Second violation on the same calendar day 20 =65 65(14) or 202068 45.00 60.00 For the third or more violation on that calendar day 20 =65 65(1); 2065 65(2); 20.00 35.00 20 =65 65(5); 20- 65(8); 20 =65 65(9); 20 -66; 20- 67; or 20 -71 20 =65 65(15) 25.00 40.00 20 =65(4) 50.00' 65.00 20 -74 50.00 65.00 2020 =76 (a) 125.00 140.00 20 -76(bl 20 -76(el 25.00 40.00 Includes $30.00 processing fee. (h) Every person tried and convicted of a violation of section 20 -76(e) shall be fined twenty -five dollars ($25.00), inclusive of the penalty set forth above for a violation of this section, which shall be paid upon conviction. 2. New Section 20 -91 is hereby added which shall read and provide as follows: n 329 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412 - 032795, ` adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fines to be charged for the aforesaid violations. 4. This Ordinance shall be in full force and effect on and after July 1, 2012. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED UNO&W Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14" day of May, 2012. No. 39367-051412. A RESOLUTION amending the Fee Compendium to include a new rental fee for sectional athletic fencing; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 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 addition of a new rental fee for sectional athletic fencing at $150.00 per section per day. 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. 330 4. This Resolution shall be in full force and effect on July 1, 2012. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 2012. No. 39368- 051412. A RESOLUTION amending the Fee Compendium to include an Open Space Rental fee and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance rv' 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 fee for Open Space Rental of $150.00 per day. 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 July 1, 2012. APPROVED ATTEST: ��� � � _ Stephanie M. Moon, MIMIC Da \1- l�V"J� vid .Bowers City Clerk Mayor I 331 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14" day of May, 2012, No. 39369-051412. A RESOLUTION amending the Roanoke Fire -EMS Inspection Fees to be charged by the Roanoke Fire -EMS Department; providing for an effective date; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fee 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, as since amended, shall be amended to reflect the amendment of the Roanoke Fire -EMS Inspection Fees from $25.00 to $35.00 for the following types of inspections: Aerosol Products Hazardous Materials Amusement Buildings HPM Facilities Aviation Facilities High Pile Storage Carnivals and Fairs Hot Work Operations Battery Systems Industrial Ovens �- Combustible Dust- Liquid or Gas Fueled Producing Operations Vehicles or Combustible Fibers Equipment in Compressed Gas Assembly Buildings Cryogenic Fluids LP Gas Dry Cleaning Plants Magnesium Exhibits and Trade Miscellaneous Shows Combustible Storage Flammable and Organic Coatings Combustible Liquids Assembly /Education Floor Finishing Private Hydrants Pyroxylin Plastics Refrigeration Equipment Repair Garages and Storage of Scrap Tires and Tire By Products Temporary Membrane Structures, Tents and Canopies Tire Rebuilding Plants Waste Handling Records Verification Site Studies) 332 2. Resolution No. 32412 - 032795, is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. This Resolution will be in full force and effect July 1, 2012. APPROVED ATTEST: ���yyy���,,, Stephan �'" ' �r David A. Bowers City Clerk v Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14'" day of May, 2012. No. 39370-051412. A RESOLUTION amending the Roanoke Fire -EMS Explosives Permit Fees to be charged by the Roanoke Fire -EMS Department; providing for an effective date; and ..� directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fee 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, as since amended, shall be amended to reflect the addition of the Roanoke Fire -EMS Stand -by fee for use of explosives or blasting operations of $25.00 per hour. 2. Resolution No. 32412- 032795, is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. This Resolution will be in full force and effect July 1, 2012. APPROVED ATTEST: AF;- Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 333 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1411 day of May, 2012. No. 39371-051412. A RESOLUTION amending the Roanoke Fire -EMS Fumigation /Fogging Permit Fee to be charged by the Roanoke Fire -EMS Department; providing for an effective date; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fee 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, as since amended, shall be amended to reflect the amendment of the Roanoke Fire -EMS Fumigation /Fogging Permit Fee from $5.00 to $25.00. 2. Resolution No. 32412 - 032795, is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. This Resolution will be in full force and effect July 1, 2012. APPROVED ATTEST: b-).� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1411 day of May, 2012. No. 39372-051412. A RESOLUTION amending the Roanoke Fire -EMS Fireworks Permit fees to be charged by the Roanoke Fire -EMS Department; establishing an effective date; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke that: 334 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, as since amended, shall be amended to reflect the following fees. FEE CURRENT AMOUNT NEW AMOUNT Fireworks Permits $250.00 . $250.00 — 30+ days prior to show; $250.00 for each additional identical show for the same event • $500.00 — 15 -29 days prior to show; $250.00 for each additional identical show for the same event • $750.00 — 8 -14 days prior to show; $750.00 for each additional identical show for the same event • $1,000.00 — 3 -7 days prior to show; $1,000.00 for each additional identical show for the same event • $1,500.00 — 0 -2 days prior to show; $1,500.00 for each additional identical show for the same event 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 be effective July 1, 2012 and shall remain in effect until amended by this Council. APPROVED ATTEST: Stephanie M. Moon, MMC David­—A. Bowers City Clerk Mayor ^ 335 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14" day of May, 2012. No. 39373 - 051412. A RESOLUTION amending the Roanoke Fire -EMS Emergency Medical Services fees to be charged by the Roanoke Fire -EMS Department; establishing an effective date; and directing amendment of the Fee Compendium. 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, as since amended, shall be amended to reflect the following fees. FEE CURRENT AMOUN NEW AMOUNT EMS Basic Life Support Fee $350.00 $375.00 EMS Advanced Life Support 1 Fee $450.00 $450.00 EMS Advanced Life Support-2 Fee $600.00 $650.00 EMS Mileage $9.00 $9.00 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 be effective July 1, 2012 and shall remain in effect until amended by this Council. APPROVED ATI�TES�T:�� Stephanie M. Moon, MMC � Davowers City Clerk Mayor 336 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 141" day of May, 2012. No. 39374-051412. 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, 2012, and ending June 30, 2013; 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, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics and Grant Funds in the fiscal year beginning July 1, 2012, and ending June 30, 2013, 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: General Fund Revenues General Property Taxes $103,789,000.00 Other Local Taxes 71,231,000.00 Permits, Fees and Licenses 1,013,000.00 Fines and Forfeitures 1,392,000.00 Revenue from Use of Money and Property 210,000.00 Intergovernmental Revenue - State & Federal 64,415,000.00 Charges for Current Services 10,399,000.00 Miscellaneous 471,000.00 Total Revenues $252,920,000.00 Appropriations Treasurer $ $1,054,772.00 Clerk of Circuit Court 1 1,518,940.00 1 337 Juvenile and Domestic Relations Court Clerk 35,545.00 Magistrate 5,377.00 �. General District Court 32,062.00 Circuit Court 538,385.00 Commissioner of the Revenue 1,028,681.00 Sheriff $2,758,892.00 Jail 14,733,290.00 17,492,182.00 Commonwealth's Attorney $1,591,078.00 Cost Collections Unit 84,320.00 1,675,398.00 City Council $223,677.00 Mayor Bowers 13,053.00 Vice -Mayor Rosen 3,875.00 Council Member Lea 3,700.00 Council Member Bestpitch 2,500.00 Council Member Price 7,926.00 Council Member Trinkle 2,500.00 Council Member Ferris 3,700.00 260,931.00 City Attorney 1,028,076.00 ` City Clerk 447,229.00 Municipal Auditing 684,689.00 Department of Finance $2,254,490.00 Office of Billings and Collections 1,008,319.00 Real Estate Valuation 1,028,894.00 Board of Equalization 11,567.00 4,303,270.00 Residual Fringe Benefits 2,587,561.00 Miscellaneous 50,000.00 Transfers to School Fund 72,770,400.00 Transfers to Greater Roanoke Transit Company 1,654,105.00 Transfers to Debt Service Fund 14,005,255.00 Transfer to Other Funds 3,800,833.00 Funding for Reserves 625,000.00 Electoral Board 329,483.00 Office of Communications 382,475.00 City Manager 788,547.00 Roanoke Arts Commission 269,220.00 r,_ Economic Development 1,636,259.00 Memberships and Affiliations 1,666,236.00 Personnel Lapse (2,340,146.00) Contingency 2,891,386.00 Department of Management and Budget 508,454.00 Human Resources $1,036,549.00 Employee Health Services 557,300.00 1,593,849.00 E911 Center $2,265,939.00 E911 Wireless 538,565.00 2,804,504.00 Director of General Services and $163,184.00 Sustainability Management Services 53,484.00 Purchasing 394,848.00 611,516.00 Building Maintenance $4,199,146.00 Custodial Services 687,426.00 4,886,572.00 Fire Administration $635,620.00 Fire Support 1,047,341.00 Fire Operations 15,708,110.00 Emergency Management 104,333.00 Emergency Medical Services 1,320,861.00 18,816,265.00 Director of Public Works $148,976.00 Solid Waste Management 6,257,189.00 Transportation- Streets and Traffic 4,973,409.00 Transportation- Paving 3,279,728.00 Transportation -Snow Removal 110,597.00 Transportation- Street Lighting 1,155,989.00 Transportation- Engineering & Operations 1,820,012.00 Environmental Management 181,916.00 Engineering 1,440,088.00 19,367,904.00 Planning and Development $1,195,997.00 Building Inspections 753,529.00 Neighborhood Support 95,013.00 Neighborhood Services 1,253,840.00 3,298,379.00 n Revenues Operating $2,440,126.00 Non - Operating 2,026,136.00 Total Revenues $4,466,262.00 339 Parks $2,860,652.00 Parks & Recreation Administration 1,182,419.00 School Playground Services 108,213.00 Recreation 1,663,568.00 5,814,852.00 Director of Human Services /Social Services $1,967,855.00 Benefits 5,429,127.00 Social Services - Services 14,765,777.00 Employment Services 1,318,123.00 Foster Parent Training 176,200.00 Human Services Support 276,265.00 23,933,347.00 Youth Haven $635,046.00 Outreach Detention 256,862.00 891,908.00 Health Department 1,473,975.00 Mental Health 448,890.00 Human Services Committee 409,052.00 Comprehensive Services Act (CSA) 10,630,000.00 CSA - Administration 155,511.00 Police Administration $657,489.00 ' Police Investigation 3,939,614.00 Police Patrol 12,523,835.00 Police Services 2,711,129.00 Police Training 610,781.00 Police Animal Control 1,129,145.00 21,571,993.00 Libraries $3,213,227.00 Law Library 118,821.00 Virginia Cooperative Extension 67,267.00 3,399,315.00 Total Appropriations $252,920,000.00 Civic Facilities Fund Revenues Operating $2,440,126.00 Non - Operating 2,026,136.00 Total Revenues $4,466,262.00 340 Appropriations Operating Expenses $3,105,996.00 Debt Service 1,360,266.00 Total Appropriations $4,466,262.00 Parking Fund Revenues Operating $3,295,000.00 Total Revenues $3,295,000.00 ADDrooriations Campbell Garage 127,303.00 Market Garage 210,980.00 Elmwood Park Garage 235,425.00 Center in the Square Garage 156,300.00 Church Avenue Garage 368,524.00 Tower Garage 337,969.00 Gainsboro Garage 184,084.00 Market Lot 22,692.00 Elmwood Lot 31,069.00 Warehouse Row Lot 16,789.00 Williamson Lot 24,428.00 Higher Ed Center Lot 25,846.00 Operating 303,492.00 Debt Service 1,250,098.00 Total Appropriations $3,295,000.00 Department of Technology Fund Revenues Operating $6,005,511.00 Total Revenues $6,005,511.00 M Appropriations Technology - Operating Technology - Capital Outlay Radio Technology - Operating Radio Technology - Capital Outlay Total Appropriations Fleet Manaaement Fund Revenues Operating Non - Operating Total Revenues Appropriations Operating Expenses Capital Outlay Total Appropriations Risk Management Fund Revenues Operating Total Revenues Appropriations Risk Management Administration Risk Management - Other Expenses Total Appropriations 341 $4,484,499.00 600,000.00 645,753.00 275,259.00 $6,005,511.00 $6,432,939.00 100,000.00 $6,532,939.00 $4,619,689.00 1,913,250.00 $6,532,939.00 $15,453,770.00 $15,453,770.00 $1,096,452.00 14,357,318.00 $15,453,770.00 342 School General Fund Revenues $148,553,053.00 Appropriations $148,553,053.00 School Food Services Fund Revenues $6,050,000.00 Appropriations $6,050,000.00 School Athletics Fund Revenues $1,350,000.00 Appropriations $1,350,000.00 Grant Fund Revenues Total Revenues $247,258.00 Aoorooriations Regional Drug Prosecutor $30,535.00 Victim Witness 29,386.00 Virginia Juvenile Community Crime Control 124,170.00 Act Homeless Assistance Team 36,927.00 Grant Match (Additional Local Share for 26,240.00 Compensation) Total Appropriations $247,258.00 343 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, 2012, are re- appropriated to the 2012 -13 fiscal year to the same department and account for which they are encumbered in the 2011 -12 fiscal year. 5. That this ordinance shall be known and cited as the 2012 -13 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 141" day of May, 2012. No. 39375- 051412. AN ORDINANCE to adopt and establish a Pay Plan for officers, employees and Constitutional Officers of the City effective July 1, 2012; providing for certain salary adjustments, merit increases; authorizing various annual salary increments and supplements for certain officers and employees; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: I FA I 1. Pursuant to §2 -69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1, 2012, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: Pay Grade Minimum Annual Salary Maximum Annual Salary _ 4 $18,678.40 $29,885.70 _ 5 $19,612.84 $31,380.44 6 $21,082.88 $33,732.92 7 $22,711.26 $36,338.12 8 $25,092.60 $40,148.16 9 $27,726.66 $44,363.02 10 $30,640.22 $49,024.30 11 $32,798.48 $52,477.62 12 $36,570.04 $58,511.96 13 $_40,776.58 $65,242.32 14 $45,464.64 $72,743.58 15 $50,693.50 $81,109.60 16 $57,262.14 $91,619.58 17 $63,846.64 $102,155.04 18. $71,189.04 $113,902.88 19 $80,361.58 $128,578.32 20 $89,602.76 $143,364.52 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 3. Pursuant to §2 -68, Code of the City of Roanoke (1979), as amended, effective July 1, 2012, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 4. Performance increases, of up to three percent (3 %) of the employees' current base salary, may be awarded officers and employees according to their performance scores. Effective July 1, 2012, for officers and employees appointed or hired after July 1, 2011, performance increases shall be prorated based on the number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 345 5. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his or her pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 6. Annual salary increments payable on a bi- weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE ANNUAL SALARY INCREMENT Appraiser 1 $ 2,000.00 Appraiser II $ 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 City Clerk $ 2,500.00 City Manager $ 6,000.00 Deputy Director of Real Estate Valuation $ 2,000.00 Director of Economic Development $ 2,000.00 Director of Finance $ 2,500.00 Director of Planning, Building and Development $ 2,000.00 Director of Real Estate Valuation $ 2,000.00 Municipal Auditor $ 2,500.00 Tax Compliance Supervisor $ 2,000.00 Supervising Appraiser $ 2,000.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. The City Manager is authorized, within the limits of funds appropriated therefore, to provide for similar salary increments for other employees of the City Manager. 7. In order equitably to compensate sworn police officers assigned duties in a non - uniform capacity and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual salary increment of $600.00 payable on a bi- weekly basis as a uniform allowance. 346 8. Each employee of the Fire - Emergency Medical Services Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participates in the City's First Responder Program shall be accorded an annual salary increment of $1,200 payable on a bi- weekly basis. 9. Each employee of the Fire - Emergency Medical Services Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary increment of $1,200 payable on a bi- weekly basis. 10. Each employee of the Fire - Emergency Medical Services Department who has been certified and performs Fire Inspector duties as part of the Fire Prevention Program assigned by the Fire -EMS Chief shall be accorded an annual salary supplement of $1,500.00 payable on a bi- weekly basis. 11. The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $2,131.00 to $4,755.00 payable on a bi- weekly basis. 12. The City Manager is authorized to continue a Community Policing �. Specialist program to provide pay incentives to police officers. Such program may include consideration for training and community participation. The annual pay -+ supplement is two percent (2 %) of base salary, payable on a bi- weekly basis. 13. The City Manager is authorized to continue a merit pay program for Firefighter /Emergency Medical Technicians who attain an EMT -I or Paramedic certificate. The annual pay supplement shall be in the amount of $4,000.00 payable on a bi- weekly basis. If a qualified employee is receiving an EMT stipend, pursuant to the provisions of Paragraph 8, above, then the employee shall, in addition to the EMT stipend, receive the difference between such stipend and the merit pay authorized hereby. 14. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, 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. 347 15. 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). 16. When any salary increase provided in paragraphs 4, 10, 11, 12 or 13 of this Ordinance would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position, such officer or employee shall receive a salary increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. 17. Regular full -time, permanent, City employees who donate to the 2013 United Way Campaign will earn paid leave as follows: Permanent part-time employees who donate to the 2013 United Way Campaign will earn prorated paid leave. City employees who are engaged in performing emergency services or other necessary and essential services for the City whose normal work schedule is 24 hours, who donate to the 2013 United Way Campaign will earn paid leave as follows: Donation Per Pay Period Total Paid Leave Allotted $5.00 per a eriod/$130 Donation Per Pay Period Total Paid Leave Allotted $5.00 per pay period/ $130 per year 4.0 hours of leave $10.00 per pay period/ $260 per year 8.0 hours of leave Permanent part-time employees who donate to the 2013 United Way Campaign will earn prorated paid leave. City employees who are engaged in performing emergency services or other necessary and essential services for the City whose normal work schedule is 24 hours, who donate to the 2013 United Way Campaign will earn paid leave as follows: Donation Per Pay Period Total Paid Leave Allotted $5.00 per a eriod/$130 per ear 6.0 hours of leave $10.00 per pay period /$260 per year 1 12.0 hours of leave All time earned through donations to the 2013 United Way Campaign must be used by June 24, 2013. 18. 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 %). 0Atoo] 19. Each employee of the Sheriff's office who participates in the Virginia Retirement System (VRS) shall receive a five percent (5 %) increase of the employee's current base salary to offset the mandatory five percent (5 %) employee contribution to their VRS retirement. 20. The City's General Registrar shall be eligible July 1, 2012, for a salary increase equal to the base raise percentage increase approved by City Council for City employees. 21. 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 $20,000.00 Vice -Mayor $16,560.00 Council Members $15,560.00 22. Effective July 1, 2012, the salaries of the Clerk of Circuit Court, Commonwealth's Attorney, Commissioner of the Revenue, City Sheriff, and City Treasurer, the City's Constitutional Officers, shall be their then current salary increased by three percent (3 %), unless subsequently modified by ordinance duly adopted by Council. . . 23. The City Manager is authorized to continue 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 voice and $50.00 for data. 24. Any increase in compensation due to any officer or employee due under this ordinance shall be first paid beginning with the paycheck of July 3, 2012. 25. The provisions of this ordinance shall be in full force and effect on and after July 1, 2012. 26. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: i Stephanie M. Moon�Cj City Clerk v""""�� Davi . Bowers Mayor .. 349 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14" day of May, 2012. No. 39376- 051412. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Director of Finance, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2012; 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. For the fiscal year beginning July 1, 2012, and ending June 30, 2013, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of the Council- appointed officers identified above shall be the salary received by each during the fiscal year July 1, 2011, ending June 30, 2012, increased by three percent (3%). 2. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July, 2012. 3. The Director of Finance shall continue to pay on an installment basis the sum of $8,000.00 per calendar year to ICMA -RC as deferred compensation on behalf of the City Attorney, City Clerk, Director of Finance, and Municipal Auditor. The sum shall be paid in equal quarterly installments on the first pay day of each calendar quarter. Each installment is paid to the seated Council- appointed officer as of the first day of that quarter. 4. The Director of Finance shall continue to pay on an installment basis the sum of $15,000.00 per calendar year to ICMA -RC an employer contribution on behalf of the City Manager. The sum shall be paid in equal quarterly installments on the first pay day of each calendar quarter. Each installment is paid to the seated City Manager as of the first day of that quarter. 5. In no calendar year shall amounts of deferred compensation contributed by the City to ICMA -RC on behalf of the Council- appointed officers exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax -free basis annually. 6. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by ICMA -RC to implement this ordinance. 350 7. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 8. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC avid A. ETowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 2012. No. 39377 - 051412. A RESOLUTION recommending the employee contribution for the Sheriff's ^+ employees who participate in the Virginia Retirement System (VRS) of five percent (5 %) with an offsetting five percent (5 %) salary increase be implemented effective July 1, 2012. WHEREAS, General Assembly legislation requires localities to make certain decisions regarding employer and member retirement contributions for the Sheriff and the Sheriff's Department employees who participate in the Virginia Retirement System (VRS); WHEREAS, the City must choose either the VRS certified retirement contribution rate of 17.27 %, or 12.12% which is computed as a phase -in approach over three biennia; WHEREAS, the Director of Finance recommends that the City choose the 17.27% VRS certified retirement contribution rate; and WHEREAS, pursuant to Chapter 822 of the 2012 Acts of Assembly (Senate Bill Department employees who 497) a member contribution of five percent (5 %) is required by January 1, 2016. THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke as follows: "` 351 1. Council authorizes an employee contribution for the Sheriff and Sheriff's Department employees who participate in the Virginia Retirement System (VRS) of five percent (5 %) with an offsetting five percent (5 %) salary increase effective July 1, 2012, all as more fully set out in the report of the Director of Finance to this Council, dated May 14, 2012. 2. The City Clerk is directed to forward a certified copy of this resolution to the Virginia Retirement System Board of Trustees. APPROVED ATTEST: Stephanie M. Moon, MMC D'dVttl A. Bowers City Clerk Mayor IN THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14th day of May, 2012. No. 39378 - 051412. AN ORDINANCE providing for certain supplemental benefits under the City of Roanoke Pension Plan to certain members of such Plan and certain of their surviving spouses; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The retirement allowance payable on account of certain members of the City of Roanoke Pension Plan being defined in Paragraph 2 infra who retired on or before July 1, 2011, shall effective July 1, 2012, be increased by one and one -half percent (1.50%) of itself, not including any incentive payments made under the Voluntary Retirement Incentive Program established by Ordinance No. 30473 - 41591, adopted April 15, 1991, and not including any Retirement Supplement, as provided for in §22.2 -61, Retirement Supplement, of the Code of the City of Roanoke (1979), as amended (hereinafter "City Code "), calculated as of July 1, 2012. 352 2. The increase in benefits provided for in Paragraph 1 of this ordinance shall 1 apply to the following categories of persons entitled to receive benefits under the City of Roanoke Pension Plan only: a. Any member of the Employees' Supplemental Retirement System (hereinafter "ESRS ") or of the Employees' Retirement System (hereinafter "ERS ") retired under §22.2 -43, Normal Service Retirement, or under §22.2 -47, Retirement and Service Retirement Allowance Generally, respectively, of the City Code. b. Any member of ESRS or ERS retired under §22.2 -50, Nonoccupational Disability Retirement Allowance, of the City Code; or C. Any member of ESRS or ERS retired under §22.2 -51, Occupational Disability Retirement Allowance, of the City Code; or d. Any member of the ESRS retired under §22.2 -44, Early Service Retirement Allowance, or §22.2 -45, Vested Allowance, or any member of ERS retired under §22.2 -48, Early Service Retirement Allowance, or §22.2 -49, Vested Allowance, of the City Code; or e. Any surviving spouse of a member, provided such surviving spouse is entitled to benefits under Article IX, Payment of Benefits, of Chapter 22.2, Pensions and Retirement, of the City Code, and further provided that the deceased member through whom the surviving spouse is entitled to benefits would qualify, if alive, under paragraph 2.a., 2.1b., 2.c., or 2.d. of this ordinance; or f. Any member retired under §22.2 -75, Pensions for Members of Police and Fire Departments as of December 31 1945, of Chapter 22.2, Pensions and Retirement, of the City Code, or the surviving spouse of any such member. 3. This ordinance shall be in full force and effect on July 1, 2012. 353 4. Pursuant to the provisions of Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED mill Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14" day of May, 2012. No. 39379- 051412. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 14, 2012. WHEREAS, by letter of May 14, 2012, the City Manager has presented an update to the City's Five -Year Capital Improvement Program for Fiscal Years 2013- 2017 in the recommended amount totaling $99,022,223.00; 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 update to the Five -year Capital Improvement Program for the City of Roanoke for Fiscal Years 2013 -2017, and the related funding recommendations, as set out in the letter of the City Manager dated May 14, 2012. APPROVED ATTEST: Stephanie M. Moon, MMC Daw owers City Clerk Mayor 354 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 141" day of May, 2012. No. 39380 - 051412. AN ORDINANCE to appropriate funding for the FY 2013 -2017 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2012- 2013 General, Capital Projects, Department of Technology and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012 -2013 General, Capital Projects, Department of Technology and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Appropriated from One -Time Cash Funding 01- 300 - 9410 -9027 $ 308,064.00 Appropriated from One -Time Cash Funding 01- 440 - 4330 -9027 288,104.00 Appropriated from One -Time Cash Funding 01- 530 - 4120 -9027 250,000.00 Appropriated from One -Time Cash Funding 01- 620- 7110 -9027 108,000.00 Miscellaneous 01- 300 - 9410 -2170 (954,168.00) Capital Projects Fund Appropriations Appropriated from General Revenue 08- 300 - 9552 -9003 500,000.00 VDOT Match 08- 300 - 9575 -9210 125,900.00 Appropriated from General Revenue 08- 300 - 9608 -9003 600,000.00 Appropriated from General Revenue 08- 300 - 9609 -9003 100,000.00 Appropriated from General Revenue 08- 300 - 9610 -9003 100,000.00 Appropriated from One -Time Cash Funding 08- 530 - 9792 -9026 200,000.00 Appropriated from One -Time Cash Funding 08- 620 - 9753 -9026 200,000.00 Appropriated from General Revenue 08- 620 - 9757 -9003 100,000.00 Appropriated from One -Time Cash Funding 08- 620- 9575 -9026 450,000.00 Revenues Market Building Developer Fees 08- 110 - 1234 -1535 1,407,485.00 Transfer from General Fund 08- 110 - 1234 -1037 968,415.00 Department of Technoloav Fund Appropriations Appropriated from One -Time Cash Funding 13- 430 - 9949 -9026 287,173.00 Appropriated from One -Time Cash Funding 13- 430 - 9908 -9026 150,000.00 Appropriated from One -Time Cash Funding 13- 430 - 9866 -9026 218,000.00 Revenues Transfer from General Fund 13- 110 - 1234 -0951 655,173.00 Fleet Management Fund Appropriations Appropriated from One -Time Cash Funding Revenues Transfer from General Fund 17- 440 - 2642 -9027 17 -110- 1234 -0951 355 $ 250,000.00 250,000.00 Grant Fund Appropriations Appropriated from One -Time Cash Funding 35- 300 - 9700 -9026 200,000.00 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 Stephanie M. Moon, MMC �`✓ David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14`" day of May, 2012. No. 39381 - 051412. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Fagade Grant Program project, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 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 - 9736 -9003 $200,000.00 Fund Balance Economic and Community Development 08 -3365 (200,000.00) Reserve - Unappropriated < 356 Pursuant 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, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 14" day of May, 2012. No. 39382-051412. A RESOLUTION approving the 2012 -2013 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 to the United States Department of Housing and Urban Development ( "HUD ") for final review and approval, and authorizing the execution of all necessary documents pertaining to such Annual ^ Update. WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, and Emergency Shelter Grant funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5 -year Consolidated Plan and Annual Updates; WHEREAS, opportunities for community input regarding the Annual Update were provided at public meetings held November 16, 2011, and April 3, 2012, and at a City Council public hearing on April 26, 2012, by a 30 -day public review and comment period beginning April 5, 2012, and ending May 7, 2012, 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, 2012, 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 357 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 2012 -2013 Annual Update to HUD to the 2010 -2015 Consolidated Plan 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 14, 2012, to this Council. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor c IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21� day of May, 2012. No. 39383 - 052112. AN ORDINANCE to appropriate funding from 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 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations DoJ Expendable Equipment 35- 640- 3304 -2035 $ 42,811.00 DoT Expendable Equipment 35- 640- 3307 -2035 11.00 Revenues DoJ Federal Asset Forfeiture 35- 640 - 3304 -3305 40,017.00 DoJ Federal Asset Forfeiture- Interest 35- 640- 3304 -3306 2,794.00 DoT Federal Asset Forfeiture - Interest 35- 640- 3307 -3308 11.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: } Stephanie M. Moon, MMC �Davi A. Bowers City Clerk Mayor .w 359 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of May, 2012. No. 39384- 052112. AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment 35- 640 - 3302 -2035 $ 88,809.00 Revenues State Asset Forfeiture - Interest 35- 640 - 3302 -3299 742.00 State Asset Forfeiture 35- 640 - 3302 -3300 88,067.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED IgNVG111 Stephanie M. Moon, MM C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2151 day of May, 2012. No. 39385 - 052112. A RESOLUTION authorizing the City Manager to file an application to rezone Official Tax No. 3070322 to bring such lot into conformity with Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended. Me WHEREAS, prior to 2002, the Public Works Service Center, located at 1802 Courtland Road, N. E., extended from Noble Avenue to the north to Carver Avenue to the south (collectively referred to as the "Parcel'); WHEREAS, the Parcel has been subdivided into three (3) lots, Official Tax Nos. 3080433, 3070322 and 3070316; WHEREAS, Official Tax No. 3070322 was zoned, D, Downtown Conditional, for possible use as a stadium /amphitheater; WHEREAS, plans to build the stadium /amphitheater on Official Tax No. 3070322 are no longer being pursued; WHEREAS, Official Tax No. 3070322 contains an active part of the Public Works Service Center which includes fueling stations, underground storage tanks, a wash house, and vehicle /equipment storage areas, which would have been relocated if the stadium /amphitheater project had proceeded; WHEREAS, Official Tax No. 3070322 needs to be rezoned from D, Downtown Conditional, to 1 -1, Light Industrial, in order to bring the uses which include the fueling stations, underground storage tanks, a wash house, and vehicle /equipment storage areas, into conformity with the zoning ordinance; and WHEREAS, it is the desire of City Council to consider the rezoning of Official Tax No. 3070322 from D, Downtown Conditional, to 1 -1, Light Industrial. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That public necessity, convenience, general welfare and good zoning practice require the filing of a petition to rezone Official Tax No. 3070322 from D, Downtown Conditional, to 1 -1, Light Industrial, for the purpose of bringing the existing uses on Official Tax No. 3070322 into conformity with Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended. 361 2. That the City Manager is authorized to file an application with this Council, similar in form and content to the application attached to the report dated May 21, 2012, approved as to form by the City Attorney, to rezone the subject property from D, Downtown Conditional, to 1 -1, Light Industrial, with any proffers, if deemed appropriate, for consideration. APPROVED ATTEST Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of May, 2012. No. 39386 - 052112. A RESOLUTION accepting a Virginia Department of Transportation (VDOT) Safe Routes To School (SRTS) Grant; authorizing the City Manager to execute a Grant agreement between the City and VDOT for such Grant funds; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT Grant in the amount of $417,435.00 to provide funds for the Garden City Elementary School SPITS Project, all as set forth in the City Council Agenda Report dated May 21, 2012, to this Council. 2. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement substantially similar to the one attached to the above mentioned Agenda Report, such Agreement to be approved as to form by the City Attorney. 362 3. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such VDOT Grant, with any such documents to be approved by the City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21"day of May, 2012, No. 39387-052112. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Safe Routes to Schools Program to the Safe Routes to Schools- Garden City Elementary project, 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 State Grant Funds 08- 530 - 9532 -9007 $ 417,435.00 Revenues VDOT —SRTS (Garden City 08- 530 - 9532 -9532 417,435.00 Elementary) M rw 363 a Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED It1119:wl Ak'Y).n L�' ') Stephanie M. Moon, MMC Vf/D A Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of May, 2012. No. 39388-052112. A RESOLUTION authorizing the City Manager to execute certain Revised Appendix A documents in connection with two Virginia Department of Transportation (VDOT) Safe Routes to School (SPITS) Grants in order to transfer Grant funds from one project to the other project; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to accomplish this transfer and to implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute a VDOT Revised Appendix A, UPC: 87187, for the Lucy Addison Middle School SRTS Project and a VDOT Revised Appendix A, UPC: 93194, for the Monterey Elementary School to Breckinridge Middle School SRTS Project, each in a form substantially similar to the documents attached to the City Council Agenda Report dated May 21, 2012, with such documents to be approved as to form by the City Attorney. The purpose of such documents is to transfer unused funds from the first Project (UPC: 87187) to the second Project (UPC: 93194). .v 2. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to transfer, implement, administer, and use such Grant funds as set forth in the above mentioned Agenda Report, with any such documents to be approved by the City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21� day of May, 2012. No. 39389 - 052112. AN ORDINANCE to transfer funding from the Commonwealth of Virginia Department of Transportation for the Safe Routes to School Program from the Addison Middle School Project to the Monterey Elementary School - Breckinridge Middle School Project, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from State Grant Funds 08- 530 - 9523 -9007 $ (92,558.00) Revenues Safe Routes to School Grant 08- 530 - 9523 -9523 (92,558.00) Grant Fund Appropriations Construction - Other 35- 530 - 8181 -9065 92,558.00 Revenues Safe Routes to School Grant FY10 35- 530 -8181 -8181 92,558.00 06V Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED r all Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21"day of May, 2012. No. 39390 - 052112. 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 Museum of Art to provide educational programming to the Roanoke City Schools, and dispensing with the second reading of this ordinance by title. WHEREAS, in 2011 the Museum 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. To date the program has been highly successful and both the Museum and the City would like to continue with the Grant program; and WHEREAS, the City wishes to make a grant to the Museum for services to be provided for a one year term beginning May 22, 2012. that: NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke 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 May 21, 2012. ON 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. y APPROVED ATTEST: Stephanie M. Moon, MMC David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of May, 2012. No. 39391- 052112. 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 2011- 2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Taubman Art Museum 01- 300 - 7220 -3910 $ 100,000.00 Contingency 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 367 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 � day of May, 2012. No. 39392 - 052112. AN ORDINANCE to appropriate funding from the Federal government grant for various educational programs, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 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 Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech - Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Speech- Language Pathologist Incentive Pay Social Security Revenues Federal Grant Receipts 302 - 234 -0000- 0350 -164F- 62240 - 41129 -2 -01 302 - 234 - 0000 - 0350 -164F- 62240 - 42201 -2 -01 302 - 234 - 0000 - 0280 -164F- 62240 - 41129 -3 -01 302 - 234 - 0000 - 0280 -164F- 62240 - 42201 -3 -01 302 - 234 - 0000 - 0220 -164F- 62240 - 41129 -2 -01 302- 234 - 0000 - 0220 -164F- 62240 - 42201 -2 -01 302 - 234 - 0000 - 0230 -164F- 62240 - 41129 -3 -01 302 - 234 - 0000 - 0230 -164F- 62240- 42201 -3 -01 302 - 234 -0000- 0420 -164F- 62240 - 41129 -2 -01 302 - 234 - 0000 - 0420 -164F- 62240 - 42201 -2 -01 302 - 234- 0000 - 0380 -164F- 62240 - 41129 -2 -01 302 - 234 - 0000 - 0380 -164F- 62240 - 42201 -2 -01 302 - 234 - 0000 - 0090 -164F- 62240 - 41129 -2 -01 302 - 234- 0000 - 0090 -164F- 62240 - 42201 -2 -01 302 - 234 - 0000 - 0060 -164F- 62240 - 41129 -2 -01 302 - 234 - 0000 - 0060 -164F- 62240- 42201 -2 -01 302 - 234 - 0000 - 0050 -164F- 62240 - 41129 -2 -01 302 - 234 - 0000 - 0050 -164F- 62240- 42201 -2 -01 4,180.00 320.00 418.00 32.00 1,951.00 149.00 418.00 32.00 1,672.00 128.00 1,115.00 85.00 1,393.00 107.00 1,951.00 149.00 836.00 64.00 302 - 000 -0000- 0000 -164F- 00000 - 38027 -0 -00 15,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: A~, 4�) o Stephanie M. Moon, MMC City Clerk Davl Bowers Mayor 0.: IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, n The 21" day of May, 2012. No. 39393 - 052112. AN ORDINANCE permanently vacating, discontinuing and closing certain public rights -of -way in the City of Roanoke, as more particularly described hereinafter. WHEREAS, 806 Wasena Avenue, LLC (formerly Ice House, LLC) filed an application with the Council of the City of Roanoke, Virginia ( "City Council'), in accordance with law, requesting City Council to permanently vacate, discontinue and close the public rights -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on May 21, 2012, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens .. were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject rights -of -way have been properly notified; and WHEREAS, from all of the foregoing, City Council considers that no inconvenience will result to any individual or to the public from permanently vacating, discontinuing and closing such public rights -of -way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public rights -of -way situate in the City of Roanoke, Virginia, and more particularly described as follows: Permanently vacate a portion of Wasena Avenue, S. W., located between 81" Street, S. W., and the Norfolk Southern Railroad right -of -way; and a portion of Howbert Avenue, S. W., and 81" Street, S. W., at the intersection of the two rights -of -way, containing approximately 828.01 square feet. I Me be, and are hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the rights -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public rights -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public rights -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the rights -of -way to be vacated in a manner consistent with law, retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the rights -of -way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. 370 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 §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 1�).�� i_ ° Stephanie M. Moon, MMC David . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of May, 2012. No. 39394 - 052112. AN ORDINANCE exempting from real estate property taxation certain property of Straight Street Roanoke Valley, Inc., located in the City of Roanoke, an organization devoted exclusively to charitable or benevolent purposes on a non - profit basis; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, Straight Street Roanoke Valley, Inc., (hereinafter "the Applicant "), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X, Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on May 21, 2012; WHEREAS, the provisions of subsection B of Section 58.1 -3651, Code of Virginia (1950), as amended, have been examined and considered by the Council; WHEREAS, the Applicant agrees that the real property to be exempt from taxation is certain real estate, including the land and any building located thereon, identified by Roanoke City Tax Map No. 1012019, commonly known as 339 Luck 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 371 WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Straight Street Roanoke Valley, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified by Roanoke City Tax Map No. 1012019, commonly known as 339 Luck 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 to continue to pay the Downtown 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 July 1, 2012, 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 Keith Farmer, Director, and the authorized agent of Straight Street Roanoke Valley, Inc. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. A ATTEST: , aJ „- �” '. Stephanie M. Moon, MMC City Clerk David A. Bowers� Mayor 372 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 21" day of May, 2012, No. 39395- 052112. A RESOLUTION authorizing the issuance of not to exceed fourteen million dollars ($14,000,000.00) 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 (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the 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 not to exceed $14,000,000.00 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment 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: 373 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 the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City, set forth in Section 7, the City is authorized to contract a debt and to issue not to exceed $14,000,000.00 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the 'Bonds "). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 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 of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section 1(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000.00) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. 374 (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at the address of such registered owner 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) 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. 375 SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar'). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (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. 376 (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. The principal of the Bonds shall be payable upon presentation and surrender hereof at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book -entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (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 registered owner of such Bond in person or by the duly authorized attorney for such registered owner, 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 the duly authorized attorney for such registered owner, 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. „� 377 (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. SECTION 5. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof (including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. WOO, SECTION 6. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees that it shall comply with the provisions of Sections 103 and 141 -150 of the Internal Revenue Code of 1986 and the applicable Treasury Regulations promulgated under such Sections 103 and 141 -150 so long as any such Bonds are outstanding. SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $14,000,000.00 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 Amount Public Schools $2,000,000.00 Parks and Recreation 4,925,000.00 Digital Radio Project 2,110,000.00 Bridge Renovation Projects 1,100,000.00 Stormwater Management Projects 1,120,000.00 Civic Center Improvements 1,000,000.00 Curbs, Gutter and Sidewalk Improvements 500,000.00 ... Streetscape Improvements 400,000.00 Public Libraries 210.000.00 _.. Total $13,365,000.00 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. (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. 379 (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 %). 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 %). 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. 0:1 (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 -� 381 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 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. 382 SECTION 13.All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. " EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED REGISTERED No. R -_ $ MATURITY INTEREST DATE: RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS I 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 383 Company ( "DTC'), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable upon presentation and surrender hereof, at the office of Regions Bank, as the Registrar and Paying Agent, in the City of Richmond, Virginia. 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 (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment 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. 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: M 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 the address of such Registered Owner 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. Kl: "7 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 the attorney for such Registered Owner duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated the date first above written. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within - mentioned proceedings. REGIONS BANK, as Registrar By: Authorized Signatory Date of Authentication: ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) I 387 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 (Signature of Registered Owner) guaranteed by a member firm of The NOTICE: The signature above must New York Stock Exchange, Inc. or a correspond with the name of the commercial bank or trust company. Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 sr day of May, 2012. No. 39396 - 052112. AN ORDINANCE to appropriate funding to be provided by the issuance of general obligation Bonds to the Civic Center Building Upgrades, 91" St. over Norfolk Southern Rail Way - Bridge Rehabilitation, Franklin Road over Norfolk Southern Rail Way - Bridge Replacement, Main Library 1" Floor Improvements, Parks & Rec Master Plan - Phase II, Neighborhood Storm Drains, Elmwood Park Improvements, City -wide Curb /Gutter /Sidewalk FY13, Williamson Rd /Elmwood Park Streetscapes, James Madison Middle School Improvements, Garden City Elementary Plumbing 388 Improvements and Lighting Replacement — Phase I, amending and reordaining certain sections of the 2011 -2012 Civic Facilities, Capital Projects and School Capital Projects Funds, and dispensing with the 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 Civic Facilities, Capital Projects and School Capital Projects Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2013 Bond Funds 05- 550 - 8631 -9339 $1,000,000.00 Civic Center Upgrades 05 -550- 9954 -9340 (1,000,000.00) Capital Projects Fund Appropriations Appropriated from 2013 Bond Funds 08- 530 - 9964 -9339 700,000.00 9` St over NSRW Bridge (700,000.00) Rehabilitation 08- 530 - 9532 -9341 Appropriated from 2013 Bond Funds 08 -530- 9965 -9339 400,000.00 Franklin Rd over NSRW — Bridge 08- 530 - 9532 -9342 (400,000.00) Replacement Appropriated from 2013 Bond Funds 08 -530- 9975 -9339 210,000.00 Main Library 1 n Floor Improvements 08 -530- 9532 -9343 (210,000.00) Appropriated from 2013 Bond Funds 08- 620 - 9770 -9339 500,000.00 Parks & Rec Master Plan - Phase II 08- 530 - 9532 -9344 (500,000.00) Appropriated from 2013 Bond Funds 08- 530 - 9734 -9339 1,120,000.00 Neighborhood Storm Drain Projects 08 -530- 9532 -9337 (1,120,000.00) Appropriated from 2013 Bond Funds 08- 620 - 9667 -9339 1,625,000.00 Appropriated from 2014 Bond Funds 08- 620 - 9667 -9352 2,800,000.00 Elmwood Park Improvements 08 -530- 9532 -9345 (4,425,000.00) Appropriated from 2013 Bond Funds 08- 620- 9954 -9339 500,000.00 City -wide Curb, Gutter, Sidewalks (500,000.00) FY13 08- 530 - 9532 -9346 Appropriated from 2013 Bond Funds 08 -530- 9551 -9339 400,000.00 Williamson Rd /Elmwood Park 08 -530- 9532 -9347 (400,000.00) Streetscapes School Capital Projects Fund Appropriations Appropriated from 2013 Bond Funds 31- 065 - 6032 -9339 1,300,000.00 James Madison MS Improvements 31- 060 - 9714 -9348 (1,300,000.00) Appropriated from 2013 Bond Funds 31- 065 - 6033 -9339 325,000.00 Garden City Plumbing Improvements 31- 060 - 9714 -9349 ( 325,000.00) Appropriated from 2013 Bond Funds 31- 065- 6034 -9339 375,000.00 Lighting Replacement — Phasel 31- 060 - 9714 -9351 ( 375,000.00) r Pursuant 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, MMC DaI�V Vi A Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21"day of May, 2012. No. 39397-052112. AN ORDINANCE authorizing the proper City officials to execute a contract for the provision of a Turn Key On -Site Parts and Related Items Operation for various City departments through the City's Fleet Division at the City's Public Works Service Center (PWSC), which will include a license for such contractor to use a section of the PWSC for such Operation; authorizing the City Manager to implement, administer, and enforce such contract; and dispensing with the second reading by title of this ordinance. WHEREAS, the City issued a Request for Proposal (RFP) for the above matter and received two responses; WHEREAS, several items in the contract documents as well as the final scope of services are subject to further negotiations between the apparent successful offeror, Genuine Parts Company, and City staff; and WHEREAS, on May 21, 2012, at Council's regular 7:00 p.m. meeting, a public hearing was held, pursuant to § §15.2 - 1800(13) and 1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on this matter. 390 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized on to execute, in a form approved by the City Attorney, a contract for the provision of a Turn Key On -Site Parts and Related Items Operation for various City departments through the City's Fleet Division at the City's PWSC. Such contract may provide for a license for such contractor to use a section of the PWSC for such Operation and shall contain substantially similar terms and provisions as set out in the draft contract and Revocable License Terms and Conditions attached to the City Council Agenda Report dated May 21, 2012, except that those matters still subject to negotiation may be addressed by providing for such terms and provisions as the City Manager deems appropriate, whether or not similar to those in the draft documents. 2. The City Manager is further authorized to take such further actions and execute such documents, approved as to form by the City Attorney, as may be necessary to implement, administer, and enforce such contract, including any change to the amount involved, subject to the amount of funds available and appropriated, and /or the time of performance, including any extensions to such contract, as provided in the RFP. 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: A44.'-) Stephanie M. Moon, MIMIC DavicFA. Bowers City Clerk Mayor 391 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4 1 day of June, 2012. No. 39398-060412. 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; 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 (TANF) Participants grant from the Virginia Department of Social Services, for the purpose of maintaining and improving existing services to eligible TANF recipients, in the amount of $363,000.00, for the period commencing July 1, 2012, until June 30, 2013, as set forth in the City Council Agenda Report dated June 4, 2012, 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: rq Stephanie M. Moon, M Qdowers City Clerk Mayor 392 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 41h day of June, 2012. No. 39399 - 060412. 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 2011 -2012 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 2011 -2012 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 - 8864 -2010 $363,000.00 Revenues SWVA Regional Employment Coalition FY13 35- 630 - 8864 -8864 363,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. }'Moon, MM DDaviers City Clerk Mayor I I 393 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of June, 2012. No. 39400-060412. A RESOLUTION accepting a donation of funds from The Lamar Company, L.L.C., a/k/a Lamar Outdoor Advertising (Lamar), in the amount of $20,000.00 to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE) Program; authorizing the City Manager to take any necessary actions in order to obtain, accept, and administer such donation, and to execute a landscaping maintenance agreement with the Commonwealth of Virginia, Department of Transportation ( "VDOT "). WHEREAS, Lamar has offered to donate to the City $20,000.00, to be provided in $4,000.00 annual increments over a 5 -year period beginning May 2012, as part of the BRITE Program to assist the City with the maintenance of the landscaping located in one quadrant of the 1- 581 /Route 220 corridor, which right of way is owned by VDOT; and WHEREAS, it is necessary that the City enter into a new landscaping maintenance agreement with VDOT to govern the terms and conditions over which the City will maintain the landscaping in such right of way, when the City's current landscaping maintenance agreement with VDOT will end in May 2013. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the donation from Lamar in the amount of $20,000.00, to be provided the City in $4,000.00 annual increments over a 5 -year period commencing May 2012, in connection with the BRITE Program, all as more particularly set forth in the City Council Agenda Report dated June 4, 2012. 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, in a form approved by the City Attorney. 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Lamar for its generous donation as part of the BRITE program to assist the City with the maintenance of the landscaping as described above. 394 4. The City Manager is authorized to enter into a new landscaping maintenance agreement with the Commonwealth of Virginia, Department of Transportation, to govern the terms and conditions of the City's responsibility to maintain the landscaping in the 1 -581/ Route 220 corridor, for a term commencing May 2013, and continuing as long as such landscaping is in effect, in a form approved by the City Attorney. 5. The City Clerk is directed to transmit a copy of this Resolution to Lamar expressing the City's appreciation for its donation. APPROVED ATTEST: Stephanie M. Moon, MMC Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of June, 2012. No. 39401- 060412. AN ORDINANCE to appropriate funding from The Lamar Company L.L.C. to the VDOT Comprehensive Roadside project, 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 Third Party 08- 530 - 9841 -9004 $ 20,000.00 Revenues Roadside Management Program 08- 530 - 9841 -9821 Contribution —Lamar Outdoor Advertising 20,000.00 I 395 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC Dwers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of June, 2012. No. 39402-060412. AN ORDINANCE to appropriate funding from the Western Virginia Water Authority to the GIS Study project, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from Third Party 13- 430 - 9804 -9004 $ 15,000.00 Revenues WVWA- Aerial Photography Reimbursement 13- 430 - 9804 -9803 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: Stephanie M. Moon, MM6 S David A-Bowers City Clerk Mayor M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of June, 2012. No. 39403-060412. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia to the Department of Social Services for the operation of the Virginia Institute for Social Services Training Activities (VISSTA) program, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations VISSTA — Regular Employee Salaries VISSTA —City Retirement VISSTA —FICA VISSTA— Termination Leave Wages VISSTA — Telephone VISSTA — Cellular Telephone VISSTA —Other Rental Revenues VISSTA 01- 630 - 5318 -1002 $ 2,408.00 01- 630 -5318 -1105 434.00 01- 630 - 5318 -1120 787.00 01- 630 -5318 -1150 7,873.00 01- 630 -5318 -2020 527.00 01- 630 - 5318 -2021 205.00 01- 630 - 5318 -3075 15,837.00 01- 110 - 1234 -0671. 28,071.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor r MOM IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'" day of June, 2012. No. 39404- 060412. AN ORDINANCE to increase Police Off -Duty Earnings expense and revenue budget estimates, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Off -Duty Earnings - Police Administration 01- 640- 3111 -1015 $18,000.00 Off -Duty Eamings - Police Investigation 01- 640 - 3112 -1015 65,000.00 Off -Duty Earnings - Police Patrol 01- 640 - 3113 -1015 390,000.00 Off -Duty Earnings - Police Services 01- 640 -3114 -1015 17,000.00 Off -Duty Earnings - Police Training 01- 640 - 3115 -1015 31,000.00 Revenues Off-Duty Billings-Police 01 -110- 1234 -1298 521,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MM& David A.—Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of June, 2012. No. 39405 - 060412. AN ORDINANCE to de- appropriate funding from the Commonwealth of Virginia to the Department of Social Services, amending and reordaining certain sections of the 2011 -2012 General Fund Appropriations, and dispensing with the second reading by title of this ordinance. .0 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Subsidized Adoption IV -E Day Care Services Independent Living ETV Revenues Independent Living Foster Care Day Care 01- 630 - 5314 -3155 $600,000.00 01- 630 - 5314 -3159 (1,930,460.00) 01- 630 - 5314 -3162 5,362.00 01- 110 - 1234 -0668 5,362.00 01- 110 - 1234 -0675 600,000.00 01- 110 - 1234 -0686 (1,930,460.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'" day of June, 2012. No. 39406-060412. A RESOLUTION concurring in and approving the recommendations of the Roanoke Arts Commission's ( "Arts Commission') allocation of City funds to various nonprofit agencies for Fiscal Year 2012 -2013. WHEREAS, the Fiscal Year 2012 -2013 budget approved by City Council for the Roanoke Arts Commission provides for funding in the amount of $269,220.00; WHEREAS, in order for nonprofit agencies to obtain an allocation for such funds, it was necessary for such agencies to file applications with the Arts Commission Agency Funding Advisory Committee; WHEREAS, requests for City funding in the total amount of $417,350.00 were received by the Committee from twenty (20) agencies; and A • • WHEREAS, after studying each application and holding allocation meeting hearings, the Committee recommended and the Arts Commission approved allocation • of funding in the amount of $269,220.00 to such agencies for Fiscal Year 2012 -2013, subject to City Council approval. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke thatCouncil concurs in and approves the recommendations of the Roanoke Arts Commission's allocations for funding in the amount of $269,220.00 for various nonprofit agencies for Fiscal Year 2012 -2013, as more particularly set forth in the City Council Agenda Report dated June 4, 2012, to Council, and the attachment to that report. APPROVED ATT. -BEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'" day of June, 2012. No. 39407- 060412. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Subsidies 01-310- 5221 -3700 $(269,220.00) Center in the Square 01- 310- 5221 -3706 10,000.00 Virginia Museum of Transportation 01- 310 -5221 -3714 22,000.00 Roanoke Symphony Society 01 -310- 5221 -3736 27,000.00 Mill Mountain Theatre 01- 310 - 5221 -3749 7,500.00 Opera Roanoke 01- 310 -5221 -3762 19,000.00 Science Museum of Western Virginia 01- 310 - 5221 -3774 20,000.00 Roanoke Ballet Theatre 01- 310 - 5221 -3779 8,000.00 Southwest Virginia Ballet 01- 310 - 5221 -3794 8,000.00 Arts Council of the Blue Ridge 01- 310- 5221 -3909 16,000.00 -- Taubman Museum 01- 310 -5221 -3910 30,000.00 M Harrison Museum /African- American Culture Jefferson Center Foundation LTD Roanoke Arts Commission Roanoke Valley Community Band Community High School Grandin Theatre Eleanor D. Wilson Museum Roanoke Children's Theatre Studio Roanoke 01- 310 - 5221 -3913 23,000.00 01- 310 -5221 -3944 25,000.00 01- 310- 5221 -3961 1,720.00 01- 310 - 5221 -3962 2,000.00 01- 310 - 5221 -3972 5,000.00 01- 310 -5221 -3973 9,000.00 01- 310- 5221 -3975 22,000.00 01- 310- 5221 -3984 9,000.00 01- 310- 5221 -3985 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC Davi owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'" day of June, 2012. No. 39408-060412. 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 Ivy View, LLC, (Ivy View) that provides for certain undertakings by the parties in connection with the continued development and retenanting of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W., in the City of Roanoke; and dispensing with the second reading by title of this Ordinance. WHEREAS, Ivy View has proposed the continued development and retenanting of certain property located at the northwest corner of Franklin Road and Wonju Street, S. W.; WHEREAS, such continued development and retenanting of the site will require significant infrastructure cost and other costs for the continued development of the Project in order to attract high quality retail activity; I 401 WHEREAS, Ivy View has requested an annual economic development grant through the EDA to assist in the unusual expense for continued development and retenanting of the Project; WHEREAS, City staff has advised Council that such project will benefit economic development within the City and the Roanoke Valley; and WHEREAS, the City and the EDA wish to encourage Ivy View to complete the Project in order to enhance and promote economic development within the City and the Roanoke Valley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Performance Agreement among the City, the EDA, and Ivy View, as set forth in the attachment to the City Council Agenda Report to Council dated June 4, 2012, which provides for certain undertakings and obligations by Ivy View, as well as certain undertakings by the City and the EDA. City Council further finds that the annual economic development grant provided for by the Performance Agreement will promote economic development within the City and the Roanoke Valley and will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute a Performance Agreement among the City, the EDA, and Ivy View, upon certain terms and conditions as set forth in the City Council Agenda Report to Council dated June 4, 2012. The Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement. 4. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. AT,/jTEEST: �n.Noo Stephanie M. Moon, MMC City Clerk APPROVED ':�Davi . Bowery Mayor 402 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, y The 181h day of June, 2012. No. 39409-061812. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from 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 that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Health, a Summer Food Program Grant in the amount of $175,000.00, 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 report dated June 18, 2012, to City 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 ^ pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by the Virginia Department of Health in connection with the grant. APPROVED ATTEST: Stephanie M. Moon, MMC �' Dav�A.Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of June, 2012. No. 39410- 061812. AN ORDINANCE to appropriate funding from the Federal government, through the Virginia Department of Health, for the Summer Food Program, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 403 BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2011 -2012 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 FY13 35- 620 -5273 -2066 $ 175,000.00 35- 620 -5273 -5273 175,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST,: &ES[�-- ,,�,� _I - _ M -W'' Stephanie M. Moon, MMC David. Bowers es, City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of June, 2012. No. 39411-061812. A RESOLUTION accepting the FY 2011 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 FY 2011 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $50,000.00, to be used for HAZMAT Team Equipment and Training. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated June 18, 2012. 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. 404 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of June, 2012. No. 39412- 061812. 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 Heavy Tactical Rescue Team ^ equipment, amending and reordaining certain sections of the 2011 -2012 Grant Fund y Appropriations, and dispensing with the 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 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment 35 -520- 3536 -2035 $ 50,000.00 Revenues SHS Heavy Tactical Rescue Team FY12 35- 520- 3536 -3536 50,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 405 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of June, 2012. No. 39413-061812. 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 local cash match of $39,218.00 from the City, for a total program budget of $176,887.00, for a one year period beginning February 1, 2012, as more particularly set forth in the City Council Agenda Report dated June 18, 2012, is hereby ACCEPTED. 2, The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents required to accept such grant. All documents shall be upon form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: 4A� 0. � Stephanie M. Moon, MIMIC d A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18`" day of June, 2012. No. 39414-061812. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant, amending and reordaining certain sections of the 2011 -2012 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. U$lie BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary 35- 630 - 5353 -1002 $ 100,050.00 Temporary Employee Wages 35 -630- 5353 -1004 13,567.00 City Retirement 35- 630 - 5353 -1105 15,608.00 FICA 35- 630 - 5353 -1120 8,692.00 Medical Insurance 35- 630 - 5353 -1125 15,561.00 Dental Insurance 35- 630 -5353 -1126 969.00 Life Insurance 35- 630 -5353 -1130 887.00 Disability Insurance 35- 630 -5353 -1131 336.00 Telephone 35- 630 -5353 -2020 1,667.00 Telephone - Cellular 35- 630 - 5353 -2021 1,667.00 Administrative Supplies 35- 630 - 5353 -2030 1,750.00 Expendable Equipment <$5000.00 35- 630 - 5353 -2035 500.00 Motor Fuel Billed Through Fleet 35- 630 - 5353 -2039 2,500.00 Program Activities 35- 630 -5353 -2066 11,433.00 Postage 35- 630 - 5353 -2160 300.00 Fleet Management Vehicle Repair 35- 630 - 5353 -7026 1,400.00 Revenues Homeless Assistance Team FY12 35- 630 -5353 -5353 137,669.00 Homeless Assistance Team FY12- Local 35- 630 -5353 -5354 39,218.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David Bowers City Clerk Mayor 407 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18`" day of June, 2012. No. 39415-061812. AN ORDINANCE to increase Parks and Recreation Programs expense and revenue budget estimates, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages 01- 620 - 7110 -1004 $ 12,200.00 Special Events 01- 620 - 7110 -2125 60,000.00 Youth Activities 01- 620 - 7110 -2157 7,800.00 Roanoke 100 Miler 01- 620 - 7110 -2307 8,000.00 Revenues Facility Rentals 01- 110 -1234 -0523 2,000.00 Fitness and Wellness Programs 01 -110- 1234 -1390 1,000.00 Youth Development Programs 01 -110- 1234 -1393 6,000.00 Recreation Special Events 01- 110 - 1234 -1533 66,000.00 Roanoke 100 Miler 01 -110- 1234 -1536 13,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �. � Stephanie M. Moon, MMC n10 David A. Bowers City Clerk Mayor R 1 • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of June, 2012. No. 39416- 061812. AN ORDINANCE to increase the Roanoke City Public Schools transfer expense and Real Estate Tax revenue budget estimates, amending and reordaining certain sections of the 2011 -2012 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 2011 -2012 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Transfer to Schools Revenues Real Estate Tax 01- 250- 9310 -9530 $ 571,212.00 01- 110 - 1234 -0101 571,212.00 ... Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2012. No. 39417 - 061812. AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and the School Board of the City of Roanoke in order to enhance the cultural, recreational, athletic and educational opportunities offered to the citizens of the City of Roanoke, and dispensing with the second reading of this ordinance by title. M BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, an Agreement with the School Board of the City of Roanoke in order to enhance the cultural, recreational, athletic and educational opportunities offered to the citizens of the City of Roanoke, such Agreement beginning June 11, 2012, and continuing for a ten (10) year period, unless terminated by notice from either party, upon such terms and conditions as are more particularly described in the City Council Agenda Report dated June 18, 2012. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of June, 2012. No. 39418-061812. 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, 2012, with the Roanoke Valley Convention and Visitors Bureau for a term of one year, from July 1, 2012, through June 30, 2013, 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 Council Agenda Report dated June 18, 2012, to this Council. 410 2. The contract amount authorized by this resolution shall not exceed $781,251.00 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 Council Agenda 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: ��. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of June, 2012. No. 39419-061812. 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 2012 -2013, 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 2012 -2013 budget approved by City Council for the Board provides for funding in the amount of $409,052.00 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 $663,181.00 were received by the Board from thirty -two (32) agencies (42 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 2012 -2013; and 411 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 2012 -2013 as more particularly set forth in the City Council Agenda Report dated June 6, 2011, and the attachment to that report. 2. The City Manager or his designee is authorized to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all funded programs by such agencies; all such contracts to be approved as to form by the City Attorney. APPROVED ATTEST Stephanie M. Moon, MMC if David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE,, VIRGINIA, The 18'" day of June, 2012. , No. 39420 - 061812. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency Shelter Grant Program (ESG), amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME Down Payment Assistance Program 35- 090 - 5313 -5399 $ 97,328.00 HOME BRHDC Project GOLD 35- 090 - 5313 -5449 (97,328.00) HOME Down Payment Assistance Program 35- 090 - 5366 -5399 102,672.00 HOME BRHDC New Gilmer CHDO Project 35- 090 -5366 -5492 (101,293.00) HOME BRHDC New Gilmer CHDO Operating 35- 090 -5366 -5493 (15,129.00) HOME BRHDC New Gilmer Project 35- 090 -5366 -5494 (209,805.00) HOME BRHDC New Gilmer Administration 35- 090 - 5366 -5495 (25,953.00) HOME Reserve Rehabilitation Project 35- 090 - 5366 -5527 148,215.00 HOME Bridge Year Home Ownership - TAP 35- 090 -5366 -5571 101,293.00 HOME Reserve Home Ownership Project Funds 35- 090- 5368 -5526 (2,674.00) HOME Reserve Rehabilitation Project 35- 090 -5368 -5527 2,674.00 HOME Reserve Rehabilitation Project 35- 090 -5370 -5527 33,259.00 HOME Reserve Rehabilitation Project 35- 090 -5375 -5527 32,017.00 HOME Unprogrammed Funds 35- 090 -5375 -5482 (9,599.00) HOME Bridge Year Home Ownership - Habitat 35- 090 - 5375 -5570 9,599.00 HOME Program - Regular Employee Wages 35- 090 -5380 -1002 34,371.00 HOME Program -City Retirement 35- 090 - 5380 -1105 5,423.00 HOME Program -FICA 35- 090 -5380 -1120 2,629.00 HOME Program - Medical Insurance 35- 090 -5380 -1125 3,695.00 HOME Program - Dental Insurance 35- 090 - 5380 -1126 231.00 HOME Program -Life Insurance 35- 090 - 5380 -1130 282.00 HOME Program - Disability Insurance 35- 090 - 5380 -1131 96.00 HOME Down Payment Assistance Program 35- 090 - 5380 -5399 25,000.00 HOME Unprogrammed Funds 35- 090 -5380 -5482 60,276.00 HOME Reserve Rehabilitation Project 35- 090 - 5380 -5527 133,835.00 HOME Bridge Year Home Ownership- Habitat 35- 090 - 5380 -5570 177,243.00 HOME Unprogrammed CHDO Funds 35- 090 -5380 -5572 73,779.00 ESG -TRUST 35 -E12 -5282 -5251 20,000.00 ESG -TAP Transitional Living Center 35 -E12- 5282 -5253 22,000.00 ESG- Roanoke Valley Interfaith Hospitality 35 -E12 -5282 -5254 24,000.00 Network ESG— Unprogrammed FY12 Funds 35 -E12- 5282 -5557 14,000.00 Planning Assistance for Target Neighborhoods 35 -G04- 0421 -5405 (31,750.00) Hotel Roanoke 108 35 -G04- 0430 -5135 31,750.00 BRHDC Project Gold 35 -G06- 0620 -5449 (487.00) Hotel Roanoke 108 35 -GO6- 0630 -5135 32,340.00 Unprogrammed CDBG Carryover 35 -GO6- 0640 -5184 (31,853.00) Hotel Roanoke 108 35 -G07- 0730 -5135 21,200.00 Unprogrammed CDBG Carryover 35 -G07- 0740 -5184 (21,200.00) BRHDC Market Rate Officer at Home 35 -G08- 0820 -5457 (8,560.00) BRHDC New Gilmer 35 -G08- 0820 -5485 (10,866.00) Hotel Roanoke 108 35 -GOB- 0830 -5135 19,426.00 Old Southwest Spruce Up 35 -G09- 0920 -5521 (1,316.00) 413 Hotel Roanoke 108 35 -G09- 0930 -5135 22,041.00 Unprogrammed CDBG Carryover 35 -G09- 0940 -5184 (20,725.00) RRHA Loan Loss Mitigation 35 -G10- 1020 -5543 (36,000.00) RRHA Property Acquisition Fund 35 -G10- 1020 -5551 (303,500.00) Hotel Roanoke 108 35 -G10- 1030 -5135 339,500.00 Demolition 35 -G11- 1119 -5108 85,000.00 RRHA Hurt Park Property Acquisition 35 -G11- 1119 -5580 3,937.00 Empowering Individuals with Disabilities - Project 35 -G12- 1219 -5057 75,000.00 Emergency Home Repair— TAP - Project 35 -G12- 1219 -5470 95,000.00 Emergency Home Repair— TAP - Delivery 35 -G12- 1219 -5483 30,000.00 World Changers- Project 35 -G12- 1219 -5486 60,000.00 World Changers - Delivery 35- G12- 1219 -5498 15,000.00 Habitat Bridge Year Home Ownership 35 -G12- 1219 -5570 23,108.00 TAP Bridge Year Home Ownership- Project 35 -G12- 1219 -5571 5,000.00 TAP Bridge Year Owner /Rental Rehab - Project 35- G12- 1219 -5573 119,700.00 TAP Bridge Year Owner /Rental Rehab- Delivery 35- G12- 1219 -5574 41,155.00 Habitat Bridge Year Owner Occupied Rehab 35- G12- 1219 -5575 17,000.00 RTR Bridge Year Owner Occupied Rehab- 35- G12- 1219 -5576 64,000.00 Project RTR Bridge Year Owner Occupied Rehab- 35 -G12- 1219 -5577 16,000.00 Delivery CHP Home Energy Improvement- Project 35- G12- 1219 -5578 59,000.00 CHP Home Energy Improvement - Delivery 35 -G12- 1219 -5579 6,000.00 RRHA Hurt Park Property Acquisition- Project 35 -G12- 1219 -5580 71,063.00 RRHA Hurt Park Property Acquisition - Delivery 35 -G12- 1219 -5581 15,000.00 RRHA New Target Property Acquisition- Project 35 -G12- 1219 -5582 70,476.00 RRHA New Target Property Acquisition - Delivery 35- G12- 1219 -5583 12,000.00 Empowering Individuals with Disabilities - Delivery 35 -G12- 1219 -5585 6,250.00 Fair Housing 35 -G12- 1221 -5284 5,000.00 Historic Review Services 35 -G12- 1221 -5403 10,000.00 Environmental Review Services 35- G12- 1221 -5565 25,000.00 RRHA Property and Loan Portfolio Management 35 -G12- 1221 -5584 25,000.00 HUD Admin - Regular Employee Wages 35 -G12- 1222 -1002 151,851.00 HUD Admin -City Retirement 35- G12- 1222 -1105 25,603.00 HUD Admin -FICA 35 -G12- 1222 -1120 12,412.00 HUD Admin-Medical Insurance 35- G12- 1222 -1125 12,540.00 HUD Admin-Dental Insurance 35 -G12- 1222 -1126 1,001.00 HUD Admin -Life Insurance 35- G12- 1222 -1130 1,331.00 HUD Admin - Disability Insurance 35 -G12- 1222 -1131 454.00 HUD Admin - Professional Services 35 -G12- 1222 -2010 750.00 HUDAdmin - Advertising 35 -G12- 1222 -2015 3,500.00 HUD Admin - Telephone 35 -G12 -1222 -2020 1,068.00 HUD Admin-Administrative Supplies 35 -G12- 1222 -2030 2,100.00 HUD Admin-Expendable Equipment 35- G12- 1222 -2035 1,500.00 HUD Admin- Training & Development 35 -G12- 1222 -2044 2,000.00 HUD Admin —Local Travel 35 -G12- 1222 -2046 250.00 HUD Admin- Printing 35 -G12- 1222 -2075 2,500.00 HUD Admin- Records Management 35 -G12 -1222 -2082 150.00 HUD Admin- Postage 35 -G12- 1222 -2160 1,000.00 HUD Admin -Xerox Lease 35- G12- 1222 -3045 250.00 HUD Admin —DoT Billings 35 -G12- 1222 -7005 4,144.00 HUD Admin —Risk Management 35 -G12- 1222 -7017 500.00 Code Enforcement - Regular Employee Wages 35- G12- 1223 -1002 71,211.00 Code Enforcement -City Retirement 35 -G12- 1223-1105 11,105.00 Code Enforcement -FICA 35 -G12- 1223 -1120 5,383.00 Code Enforcement - Medical Insurance 35 -G12- 1223 -1125 9,092.00 Code Enforcement - Dental Insurance 35 -G12- 1223 -1126 570.00 Code Enforcement -Life Insurance 35 -G12- 1223 -1130 578.00 Code Enforcement - Disability Insurance 35- G12- 1223 -1131 197.00 Code Enforcement - Administrative Supplies 35- G12- 1223 -2030 864.00 EEA Home Rehab - Regular Employee Wages 35 -G12- 1224 -1002 73,585.00 EEA Home Rehab -City Retirement 35 -G12- 1224 -1105 11,612.00 EEA Home Rehab -FICA 35 -G12- 1224 -1120 5,630.00 EEA Home Rehab - Medical Insurance 35 -G12- 1224 -1125 8,063.00 EEA Home Rehab - Dental Insurance 35- G12- 1224 -1126 506.00 EEA Home Rehab -Life Insurance 35- G12- 1224 -1130 604.00 Rehabilitation Reserve — Project Funds 35 -G12- 1224 -5527 33,452.00 Down Pymt Assist Prog - Regular Employee 35- G12- 1225 -1002 7,587.00 Wages Down Pymt Assist Prog -City Retirement 35- G12- 1225 -1105 1,197.00 Down Pymt Assist Prog -FICA 35 -G12- 1225 -1120 580.00 Down Pymt Assist Prog - Medical Insurance 35 -G12- 1225 -1125 1,140.00 Down Pymt Assist Prog - Dental Insurance 35- G12- 1225 -1126 72.00 Down Pymt Assist Prog -Life Insurance 35 -G12- 1225 -1130 62.00 Down Pymt Assist Prog - Disability Insurance 35 -G12- 1225 -1131 21.00 Down Pymt Assist Prog -Costs 35- G12- 1225 -5399 48,838.00 Hotel Roanoke 108 35 -G12- 1230 -5135 31,776.00 Apple Ridge Farms 35 -G12- 1238 -5084 25,000.00 CSA Program Services —Reg Employee Salaries 35- G12- 1239 -1002 69,843.00 CSA Program Services —City Retirement 35 -G12- 1239 -1105 11,021.00 CSA Program Services —FICA 35 -G12- 1239 -1120 5,308.00 CSA Program Services — Medical Insurance 35 -G12- 1239 -1125 4,560.00 CSA Program Services — Dental Insurance 35 -G12- 1239 -1126 282.00 CSA Program Services —Life Insurance 35 -G12- 1239 -1130 212.00 CSA Program Services — Disability Insurance 35 -G12- 1239 -1131 110.00 CSA Program Services — Cellular Telephone 35 -G12- 1239 -2021 744.00 CSA Program Services— Administrative Supplies 35- G12- 1239 -2030 100.00 CSA Program Services — Expendable Equipment 35- G12- 1239 -2035 500.00 CSA Program Services— Training & Development 35 -G12- 1239 -2044 4,250.00 CSA Program Services —Local Mileage 35 -G12- 1239 -2046 3,600.00 I 415 CSA Program Services— Program Activities 35 -G12- 1239 -2066 200.00 CSA Program Services — Business Meals & 35- G12- 1239 -2144 400.00 Travel Unprogrammed -Other 35- G12- 1241 -5189 13,937.00 Hurt Park Bike Patrol- Overtime 35- G12- 1242 -1003 30,421.00 Hurt Park Bike Patrol -FICA 35 -G12- 1242 -1120 2,327.00 Community Based Prevention Svcs —Reg 35 -G12- 1243 -1002 64,629.00 Salaries Community Based Prevention Svcs — Retirement 35 -G12- 1243 -1105 10,198.00 Community Based Prevention Svcs —FICA 35 -G12- 1243 -1120 4,944.00 Community Based Prevention Svcs — Medical Ins 35 -G12- 1243 -1125 10,080.00 Community Based Prevention Svcs — Dental Ins 35- G12- 1243 -1126 577.00 Community Based Prevention Svcs —Life Ins 35 -G12- 1243 -1130 181.00 Community Based Prevention Svcs — Disability 35- G12- 1243 -1131 181.00 Ins Community Based Prevention Svcs — Cellular 35- G12- 1243 -2021 1,680.00 Community Based Prevention Svcs —Local 35- G12- 1243 -2046 2,400.00 Mileage Community Based Prevention Svcs —Rent 35 -G12- 1243 -3075 3,600.00 Old Southwest -NDG 35- G12- 1244 -5028 700.00 Loudon /Melrose Neighborhood -NDG 35 -G12- 1244 -5245 10,700.00 Hurt Park Neighborhood Alliance -NDG 35- G12- 1244 -5371 700.00 Melrose /Rugby Neighborhood Forum -NDG 35- G12- 1244 -5410 14,270.00 Fairland Civic Organization -NDG 35 -G12 -1244 -5440 700.00 Southeast Action Forum- NDG 35- G12- 1244 -5515 4,920.00 Fleming Court Neighborhood Watch -NDG 35 -G12- 1244 -5517 700.00 Nazarene Neighborhood Watch -NDG 35 -G12- 1244 -5545 700.00 Mt View Neighborhood Association -NDG 35 -G12- 1244 -5567 1,180.00 Gainsboro Southwest Community Organization 35- G12- 1244 -5586 13,200.00 Northwest Neighborhood Improvement Council 35 -G12 -1244 -5587 700.00 Revenues HOME Program Income 09 -10 35- 090 - 5370 -5371 4,174.00 HOME Program Income 09- 10 -SEBD 35- 090 - 5370 -5372 4,574.00 HOME Program Income 09 -10 -TAP 35 -090- 5370 -5373 24,511.00 HOME Program Income 10 -11 35- 090 - 5375 -5376 32,017.00 HOME Entitlement 11 -12 35- 090 -5380 -5380 491,860.00 HOME Program Income 11 -12 35- 090 - 5380 -5381 25,000.00 ESG Entitlement 11 -12 35 -E12- 5282 -5282 80,000 00 Hotel Roanoke Section 108 Repayment 35 -G11 -1100 -3134 88,937.00 CDBG Entitlement 35- G12- 1200 -3201 1,310,303.00 Other Program Income —RRHA 35 -G12- 1200 -3203 5,000.00 Lease Payment - Cooper Industries 35 -G12- 1200 -3206 13,333.00 Hotel Roanoke Section 108 Repayment 35- G12- 1200 -3207 400,000.00 Rental Rehab Repayment 35 -G12- 1200 -3208 500.00 Home Ownership Assistance 35 -G12- 1200 -3222 5,000.00 416 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: A�­n- Step anie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181h day of June, 2012. No. 39421 - 061812. AN ORDINANCE to appropriate funding from the Federal government grant for various educational programs, amending and reordaining certain sections of the 2011- 2012 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. Appropriations Classroom Sets & Library Texts - Addison 302-110-1302-0280-165F-61100-46613-3-01 $ 27,973.00 Classroom Sets & Library Texts - Breckinridge 302 - 110 - 1302 - 0210 -165F- 61100 - 46613 -3 -01 27,973.00 Classroom Sets & Library Texts - Jackson 302 - 110 - 1302 - 0230 -165F- 61100 - 46613 -3 -01 27,973.00 Classroom Sets & Library Texts- Wilson 302 - 110 - 1302 - 0150 -165F- 61100 - 46613 -3 -01 27,973.00 Classroom Sets & Library Texts- Madison 302 - 110 -1302- 0450 -165F- 61100 - 46613 -3 -01 27,973.00 Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 -165F- 00000 - 38371 -0 -00 139,865.00 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2011 -2012 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 417 Pursuant 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, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of June, 2012. No. 39422 - 061812. A RESOLUTION concurring in the recommendation of the School Board for the City of Roanoke for the employee contribution of the School Board's employees who participate in the Virginia Retirement System (VRS) of one percent (1 %) with an offsetting hold harmless salary increase and adoption of the Certified Rate of 7.49 %, to be implemented effective July 1, 2012. WHEREAS, General Assembly legislation requires localities to make certain decisions regarding employer and member retirement contributions for the employees of the School Board for the City of Roanoke who participate in the Virginia Retirement System (VRS); WHEREAS, the School Board by resolution adopted June 12, 2012, recommended the election of the 7.49% VRS certified retirement contribution rate; and WHEREAS, pursuant to Chapter 822 of the 2012 Acts of Assembly (Senate Bill 497) the School Board by resolution adopted June 12, 2012, recommended a member /employee contribution of one percent (1 %) with an offsetting hold harmless salary increase to be implemented effective July 1, 2012. THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke as follows: . • ^ 1. Council hereby concurs in the election of the School Board for the City of Roanoke and authorizes an employee contribution for School Board employees who participate in the Virginia Retirement System (VRS) of one percent (1 %) with an offsetting hold harmless salary increase effective July 1, 2012, all as more fully set out in the report of the Director of Finance to this Council, dated June 18, 2012. 2. Council hereby concurs in the election of the School Board for the City of Roanoke and therefore elects the 7.49% VRS certified retirement contribution rate for School Board employees who participate in the Virginia Retirement System (VRS) effective July 1, 2012, all as more fully set out in the report of the Director of Finance to this Council, dated June 18, 2012. 3. The City Clerk is directed to forward a certified copy of this resolution to the Virginia Retirement System Board of Trustees and to the Clerk of the School Board. APPROVED ATTEST: % Stephanie M. Moon, MMC David A. Bowers ^ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of June, 2012. No. 39423-061812. A RESOLUTION of the Council for the City of Roanoke, to congratulate and honor City Manager Christopher P. Morrill for being selected to serve as President of the Government Finance Officers Association for 2012 -2013. WHEREAS, Mr. Morrill has served as the City Manager for the City of Roanoke since March 2010 and, over the past two years has successfully implemented a Budgeting for Outcomes model to enhance efficiency in the City's budget process; WHEREAS, prior to his arrival in Roanoke, Mr. Morrill served as the Director of Research and Budget for the City of Savannah, Georgia and as Savannah's Assistant City Manager; 419 WHEREAS, Mr. Morrill served as Senior Municipal Finance Advisor for the Research Triangle Institute, Research Triangle Park, N. C. where he advised the South African National Treasury on local government finance reform; WHEREAS, Mr. Morrill has maintained an active role with the Government Finance Officers Association, including serving as an instructor for national courses such as 'Budgeting Best Practices," 'Budget Academy," and "Capital Budgeting and Financial Planning "; WHEREAS, Mr. Morrill has served on various boards relating to finance and fiscal responsibility in local government including the National Standing Committee on Economic Development and Financial Planning and the National Standing Committee on Budget and Management; WHEREAS, Mr. Morrill is the author of several articles including The Savannah Story: The Road to Equity and Sustainable Community Development; with Henry Moore published in Economic Development in American Cities: the Pursuit of an Equity Agenda; 'Best Practices: Ellis Square Public /Private Partnership in Savannah," published in Government Finance Review, October 2006; "Capital Program Considerations in Challenging Times," published in Government Finance Review, June 2009; and The Financial Responsibilities of Local Governments in Emerging Issues in Government Financing, published by Thomson Reuters /Aspatore in 2009; and WHEREAS. Mr. Morrill has been selected to serve as President of the Government Finance Officers Association for 2012 -2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke hereby congratulates Christopher P. Morrill on the honor of being selected to serve as the national President of the Government Finance Officers Association for 2012 -2013. APPROVED ATTEST: Stephanie M. Moon, ,MMC David A. Bowers City Clerk Mayor 420 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of June, 2012. No. 39424 - 061812. 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 properties within the City, subject to a certain condition proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, Thomas Properties, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have properties located at 5025 and 5033 Valley View Boulevard, N. W., bearing Official Tax Map Nos. 2490116 and 2490117, rezoned from CG, Commercial - General District, to CLS, Commercial -Large Site District, subject to a certain condition proffered by the applicant; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 18, 2012, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the joint 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 as follows: 421 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 Nos. 2490116 and 2490117, be, and are hereby rezoned from CG, Commercial - General District, to CLS, Commercial - Large Site District, subject to the proffer contained in the Amended Application No. 1 dated April 27, 2012. 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: tephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18' day of June, 2012. No. 39425-061812. AN ORDINANCE amending and reordaining §32- 102.2, Defined, of Division 6, Downtown Service District, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to amend the definition of the downtown service district to expand such district; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32- 102.2, Defined, of Division 6, Downtown Service District, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: §32- 102.2. Defined. (a) The boundaries of the downtown service district shall be defined to include the following areas: EAM BEGINNING at the northeast corner of 5th Street and Marshall Avenue, S. W., thence with the east side of 5th Street, S.W. in a northerly direction crossing the Norfolk and Western Railway tracks at the 5th Street Bridge to the north boundary line of the Wometco property, thence with the north boundary line of Wometco as it meanders in an easterly direction to the north right -of -way line of Loudon Avenue, N. W., thence with the north right -of -way line of Loudon Avenue, N. W., in an easterly direction to its intersection with the west right -of -way line of 1st Street, N. W., thence with the west right -of -way line of 1st Street, N. W., to its intersection with the south right -of -way line of Wells Avenue, N. W. (and shall include Official Tax Map Nos. 2012947, 2012942, 2012941, 2012940, 2012949, 2012923, and 2012922 fronting on the west side of 1st Street, N. W.), thence with the south right -of -way line of Wells Avenue, N. W., in an easterly direction crossing Jefferson Street to its intersection with the west right -of -way line of Williamson Road, N. W. (except for property fronting on the south side of Wells Avenue identified by Official Tax Map Nos. 2013004, 2013005, 2013006, 2013007, and 2013008), thence with the west right -of -way line of Williamson Road, N. W., in a southerly direction to its intersection with the south right -of -way line of the Norfolk and Western Railway, thence with the south right -of -way line in an easterly direction to its intersection with the west right -of -way line of Route 581, thence with the west right -of -way line of Route 581 and 220 (Southwest Expressway) in a southerly direction as it crosses Tazewell Avenue, S. E., and Elm Avenue, S. E., to a point where the south right -of -way line of Highland Avenue intersects the west right -of -way line of Route 581 and 220 (Southwest " Expressway), thence with the south right -of -way line of Highland Avenue, S. E., in a westerly direction to its intersection of Jefferson Street, thence with the west right -of -way line of Jefferson Street in a northerly direction to its intersection with Mountain Avenue, S. W., thence with the north right -of -way line of Mountain Avenue, S. W., in a westerly direction to its intersection with 1st Street, S. W., thence with the east right -of -way line of 1st Street, S. W., in a northerly direction to its intersection with Elm Avenue, S. W., thence with the north right -of -way line of Elm Avenue in a westerly direction to its intersection with Franklin Road, S. W., thence with the east right -of -way line of Franklin Road, S. W., in a northerly direction to its intersection with Marshall Avenue, S. W., thence with the north right -of -way line of Marshall Avenue to its intersection with 5th Street, S. W., the place of BEGINNING; and BEGINNING at a point at the southwesterly corner of Marshall Avenue and 5th Street, S. W., thence traveling with the southern right -of -way line of Marshall Avenue in a westerly direction approximately 648.00 ft., thence crossing 6th Street, S. W., approximately 50.00 ft. to a point being the southwest corner of 6th Street and Marshall Avenue, thence continuing along the southerly right -of -way line of Marshall Avenue approximately 517.00 ft., thence crossing in a northerly .. direction approximately 50.00 ft. to the northeast corner of Marshall Avenue and 7th Street, thence with the east right -of -way line of 7th Street approximately 423 636.00 ft. to the southeast corner of Campbell Avenue and 7th Street, thence in a northwesterly direction approximately 112.00 ft. to the southeast corner of 7th Street and Patterson Avenue, thence along the east right -of -way line of 7th Street approximately 130.00 ft. to an alley, thence along the southerly right -of- way of said alley approximately 511.00 ft. to 6th Street, thence crossing 6th Street approximately 52.00 ft. to the southerly right -of -way line of said alley, thence approximately 644.00 ft. to the west right -of -way line of 5th Street, thence with the westerly right -of -way line of 5th Street approximately 1001.00 ft. to the Place of BEGINNING, and «zI (b) References to street names and official tax numbers set out in paragraph (a) of this section are based upon the City of Roanoke Official Appraisal Maps as of October 28, 1986. The above described areas are fully shown on a map, dated November 3, 1986, entitled "Downtown Service District, Roanoke, Virginia," and a map, dated May 24, 2004, entitled "Expansion of Downtown Service District effective July 1, 2004 ", and map dated June 18, 2012, entitled "Downtown Service District Expansion" copies of which are on file and available for public inspection in the Office of the City Clerk for the City of Roanoke, Room 456, Noel C. Taylor Municipal Building, 215 Church Avenue, S.W., Roanoke, Virginia. 2. The purpose of the Downtown Service District is to allow for the provision of additional governmental services and benefits within such service district, not offered uniformly throughout the City, such services and benefits to include, but not be limited to, economic and business development and promotional activities intended to foster business retention, business recruitment and developer recruitment, planning for the development or revitalization of downtown, and for the transportation and public facility and public space needs of downtown, and those public purposes enumerated in Section 15.2 -2403 of the Code of Virginia (1950), as amended. 3. The additional governmental services and benefits to be provided within the Downtown Service District shall be provided by a private, third party organization contracted with by the City of Roanoke for the purpose of providing such services and benefits, or by such other entity as the City shall designate, as allowed pursuant to Section 15.2 -2403 of the Code of Virginia (1950) as amended. 4. This ordinance shall be in full force and effect on and after July 1, 2012. 425 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: Stephanie M. Moon, MMC v Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of June, 2012. No. 39426-061812. AN ORDINANCE to increase the Downtown Service District expense and revenue budget estimates, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Downtown Service District 01- 300 - 7220 -3712 $135,000.00 Revenues Downtown Service District Tax 01- 110 - 1234 -0103 135,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: jA- �� Stephanie M. Moon, M C David A. Bowers City Clerk Mayor Mdv IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2n° day of July, 2012. No. 39427- 070212. A RESOLUTION paying tribute to the Honorable David Trinkle, and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice -Mayor of the City. WHEREAS, Dr. Trinkle was elected as Vice -Mayor in May 2010, having served on Council since 2006; WHEREAS, Dr. Trinkle has worked diligently on the Audit Committee, Legislative Committee, Personnel Committee, RVTV Committee, Roanoke Valley Alleghany Regional Stormwater Management Committee, Roanoke Valley Alleghany Regional Commission - Comprehensive Economic Development Strategy, and Greater Roanoke Transit Company Board of Directors. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable David Trinkle, as Vice - Mayor. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable David Trinkle. APPROVED ATTEST- Stephanie M. Moon, MMC City Clerk � ck% / David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 "d day of July, 2012. No. 39428-070212. 427 A RESOLUTION recognizing the Honorable Court Rosen to be a member of the City Council and Vice -Mayor of the City of Roanoke. WHEREAS, the Honorable Court Rosen 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, 2012, and was, therefore, elected Vice -Mayor of the City for a two - year term, which will commence July 1, 2012, as provided by §4 of the Charter of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable Court Rosen be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1' day of July, 2012, 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, 2012, and continuing for a period of two years and until his successor shall have been elected and qualified. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2012. No. 39429-070212. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2012, and terminating June 30, 2013. BE IT RESOLVED by the Council of the City of Roanoke as follows: M 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2012, and terminating June 30, 2013. 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p.m. Council may recess between the 9:00 a.m. session and the 2:00 p.m. session. (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. When any regularly scheduled Monday meeting shall fall on a holiday of the City, such meeting shall be held on Tuesday next following. 4. 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. 5. 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 6, 2012, which shall be held in the Media Center at Patrick Henry High School located at 2102 Grandin Road, Roanoke, Virginia. 6. 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. 429 8. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. APPROVED ATTEST: Stephanie o M \ / D'LVfd A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2ntl day of July, 2012. No. 39430- 070212. A RESOLUTION confirming the City Managers declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. WHEREAS, the Council of the City of Roanoke finds that the City has sustained a disaster because of Derecho (severe straight line wind event) which began Friday, June 29, 2012, and will result in substantial property damage and significant costs to the City in dealing with the effects of this disaster; WHEREAS, pursuant to the provisions of §44- 146.21, Code of Virginia, on July 2, 2012, the City Manager as Director of Emergency Management, declared a local emergency commencing on June 29, 2012, which Council must confirm at its next regularly scheduled meeting, or at a special meeting within fourteen days of such declaration; and WHEREAS, a condition of extreme peril to life and property existed which necessitated the declaration of the existence of a local emergency. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 430 1. Council confirms that a local emergency existed throughout the City commencing June 29, 2012. 2. The Council hereby ratifies and confirms that, during the period of the emergency confirmed by this resolution, the City Manager, as Director of Emergency Management, possessed and held those powers, functions and duties prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council, in order to further the public health, safety and welfare, address the needs of the people of the City of Roanoke, and mitigate the effects of such emergency. 3. The City Manager is hereby authorized for and on behalf of the City to execute applications for Federal and State public assistance as is necessary and proper to meet this emergency and to provide to Federal and State agencies for all matters relating to Federal and State disaster assistance the assurances and agreements required by the Federal Emergency Management Agency and other agencies of the State and Federal government. 4. Ann Shawver, the City's Director of Finance, is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this resolution, and is hereby designated as the City agent for executing and submitting appropriate documentation and information regarding Federal and State reimbursement for this emergency. 5. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke and to the persons and business concerns and other organizations and agencies suffering injury and damage from this disaster such public aid and assistance as is necessary and proper to meet this emergency. 6. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. APPROVED ATTEST: Stephanie M. Moon, MMC City Clerk ZQaIMn qA Mayor 431 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2 "tl day of July, 2012. No. 39431 - 070212. A RESOLUTION authorizing the acceptance of Virginia Recreational Trail Funds from the Virginia Department of Conservation and Recreation, and 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts from the Virginia Department of Conservation and Recreation a grant in the amount of $73,416.00, as more particularly set forth in the report dated July 2, 2012, from the City Manager to City Council. 2. The City Manager and City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, an agreement with the Virginia Department of Conservation and Recreation, and to execute such additional documents as may be necessary to obtain, accept, implement and administer such grant funds, all of such documents to be in form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of such grant. APPROVED ATTEST: Stephanie M. Moon, MIMIC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2ntl day of July, 2012. No. 39432 - 070212. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Virginia Recreational Trails Grant, amending and reordaining certain sections of the 2012 -2013 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. 432 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012 -2013 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Transfer to Grant Fund 08 -530- 9712 -9535 $ 18,354.00 Appropriated from General Revenue 08- 620 - 9753 -9003 (18,354.00) Grant Fund Appropriations Construction - Other 35- 620- 4366 -9065 91,770.00 Revenues Virginia Recreational Trails Grant FYI 35- 620 - 4366 -4366 73,416.00 Virginia Recreational Trails Grant FYI 35- 620- 4366 -4367 18,354.00 Local Match Pursuant 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, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2012. No. 39433-070212, A RESOLUTION accepting and expressing appreciation for the donation of a piece of art titled 'Bon Voyage' from the Dorothy M. Gillespie Foundation for the Public Art Collection. 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 Dorothy M. Gillespie Foundation for the Public Art Collection ^ all as more particularly described in the report of the City Manager, dated July 2, 2012. 433 2. The City Clerk is directed to forward an attested copy of this resolution to Gerry McCarthy, Board Member, Dorothy M. Gillespie Foundation. APPROVED ATTEST: Stephanie M / D A ' we City Clerk / Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2rtl day of July, 2012. No. 39434-070212. A RESOLUTION approving the purchase of a piece of art for the Public Art Work Plan 2012 for placement in the Vic Thomas Park. BE IT RESOLVED that the Council of the City of Roanoke approves the purchase of "In Flux ", by All Creations (Bland Hale and Matt Rink), a piece of art for the Public Art Work Plan 2012 for placement in the Vic Thomas Park, as more fully set out in the City Manager's Report to Council dated July 2, 2012. APPROVED ATT%ESST:�� s� y,,., Stephanie M. Moon, MMC ( David A. Bowers City Clerk Mayor 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2n' Day of July, 2012. No. 39435- 070212. AN ORDINANCE to transfer funding from the Temporary Public Art Exhibition II and the Percent for the Arts capital projects to the General Fund for the purchase of a piece of art work, amending and reordaining certain sections of the 2012 -2013 General and 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 2012 -2013 General and Capital Projects Fund Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Capital Projects Fund Appropriations Transfer to General Fund Appropriated from General Revenue Appropriated from General Revenue General Fund Appropriations Art Revenue Transfer from Cap Project - Govt 08- 530 - 9712 -9509 $10,000.00 08- 610 - 9929 -9003 (7,897.00) 08- 610 - 9942 -9003 (2,103.00) 01- 610 - 8110 -9051 10,000.00 01- 110 - 12341237 10,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, 7M David A. Bowersg City Clerk Mayor 435 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 "tl day of July, 2012. No. 39436- 070212. A RESOLUTION authorizing the City Manager to enter into an agreement with Roanoke County Parks, Recreation and Tourism for the continuation of therapeutic recreation services, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized, on behalf of the City, to execute and attest, respectively, an Agreement Between Roanoke County Parks, Recreation and Tourism for the continuation of therapeutic recreation services, for citizens with disabilities for fiscal year 2013, similar in form to the Agreement attached to the City Manager's letter dated July 2, 2012, to City Council, and approved as to form by the City Attorney. 2. Funding for such therapeutic recreation services for citizens with disabilities for the fiscal year 2013 shall not exceed $62,000.00 ATTEST: P1 ry� Stephanie M. Moon, MMC / DAY � id Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 I day of July, 2012. No. 39437- 070212. 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 r 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 "); 436 WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code "); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.2, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 437 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC Dav-id-K. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of July, 2012. No. 39438- 070212. AN ORDINANCE amending §7 -7, Building code board of appeals created; composition, of Article II, Building Code, of Chapter 7, Building Regulations, and §12 -8, Amendments, of Article Il, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended; changing the name of the Building Code Board of Appeals and creating the Building and Fire Code Board of Appeals; 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 -7, Building code board of appeals created: composition, of Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, is hereby amended by changing the name and composition of the Building Code Board of Appeals, a permanent Board of City Council, and shall read and provide as follows: Sec. 7 -7. Building and fire code board of appeals created: composition. Pursuant to the building code, there is hereby created a building and fire code board of appeals, which shall consist of 4venine (59) members and W o ^ �e who shall be appointed by city council. The building and fire code board of appeals shall have jurisdiction to consider appeals pursuant to the building code, as the same is amended from time to time by the state board of housing and community development. • 2. Section 12 -18, Amendments, of Article ll, Fire Prevention Code, of Chapter 12, Fire Prevention and Protection, of the Code of the City of Roanoke (1979), as amended, is hereby amended by creating the Building and Fire Code Board of Appeals, and shall be amended to read and provide as follows: Sec. 12 -18. Amendments. The Statewide Fire Prevention Code adopted by the city is hereby amended as set out in the following paragraphs of this section. Unless indicated to the contrary, section numbers appearing in this section refer to such numbers as they appear in the Virginia Statewide Fire Prevention Code adopted by the city. Sec. 112.1.1 is added to read as follows: 3. Pursuant to Chapter 12 of the Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: At-P"- o�- D� Stephanie M. Moon, MMC avid A. Bowers City Clerk Mayor Y S', IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of July, 2012. No. 39439 - 071612. 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, 2013. 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 2012 -2013 shall be in the amount of $30,535.00. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: Ate' Stephanie M. Moon, MMC City Clerk Da; vid A. Bowers Mayor MR ' IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161" day of July, 2012. No. 39440-071612. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 150 - 4506 -1002 $87,368.00 City Retirement 35- 150 - 4506 -1105 13,629.00 FICA 35- 150- 4506 -1120 6,684.00 Medical Insurance 35- 150- 4506 -1125 10,584.00 Dental Insurance 35 -150- 4506 -1126 661.00 Life Insurance 35- 150- 4506 -1130 1,009.00 Disability Insurance 35- 150- 4506 -1131 286.00 Administrative Supplies 35- 150- 4506 -2030 1,459.00 Other Rental 35- 150- 4506 -3075 9,000.00 Revenues Regional Drug Prosecutor FY13 -Comp Board 35- 150 - 4506 -4506 96,975.00 Regional Drug Prosecutor FY13 -Local Match 35- 150 - 4506 -4507 33,705.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC QDavi A City Clerk Mayor r� J 441 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16'" day of July, 2012. No. 39441- 071612. AN ORDINANCE amending and reordaining Sec. 10 -64, Same -- Voting place, Code of the City of Roanoke (1979), as amended, to provide for the temporary relocation of the polling location for the Raleigh Court Precinct No. 4; and dispensing with the second reading by title of this ordinance. WHEREAS, the Raleigh Court Elementary School, 2202 Grandin Road, S. W., is the regular polling place for the Raleigh Court Precinct No. 4; WHEREAS, the polling place no longer meets the required standards set by the Americans With Disabilities Act and can no longer be used as a polling site; WHEREAS, by Resolution dated March 29, 2012, the Roanoke City Electoral Board has recommended the temporary relocation of the polling place for the Raleigh Court Precinct No. 4, to the Lakeland Masonic Lodge #190, 2742 Grandin Road, S. W., Roanoke, Virginia, such polling place being located within such precinct as required by §24.2 -310, Code of Virginia (1950), as amended; and WHEREAS, the Electoral Board will give notice of this change in polling place by mail to all registered voters in the Raleigh Court Precinct No. 4, 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 -64. Same - Voting place. The voting place in Raleigh Court Precinct No. 4 shall be the Lakeland Masonic Lodge #190, 2742 Grandin Road, S. W. , Roanoke, Virginia. 442 2. The City Clerk is directed to forward attested copies of this ordinance to Lavern Shepherd, General Registrar, so that notice of this change in polling place can be mailed to all registered voters of Raleigh Court Precinct No. 4, and to the Chief, Voting Section, Civil Rights Division, United States Department of Justice for preclearance. 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: Stephanie M. Moon, MMC - Davi AA. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16`" day of July, 2012. r No. 39442- 071612. A RESOLUTION authorizing acceptance of the Internet Crimes Against Children (ICAC) Grant 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 Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services, the Internet Crimes Against Children (ICAC) Grant in the amount of $8,203.00, with no local match from the City required, to be used to enhance investigation and prosecution of internet crimes against children by the Roanoke City Police Department, as more particularly described in the City Council Agenda Report dated July 16, 2012. 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. 443 3. The City Manager is further directed to furnish such additional information +- as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC Dowers owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of July, 2012. No. 39443-071612. AN ORDINANCE to appropriate funding from the U.S. Department of Justice through the Commonwealth of Virginia Department of Criminal Justice Services for the Internet Crimes Against Children grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (< 5,000.00) 35- 640- 3652 -2035 $ 5,496.00 Training and Development 35- 640 - 3652 -2044 2,707.00 Revenues Internet Crimes Against Children Grant FY13 35- 640 - 3652 -3652 8,203.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �n, .- �- Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 444 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of July, 2012. No. 39444-071612. A RESOLUTION authorizing the acceptance of a FY 2012 Urban and Community Forestry Grant 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the FY 2012 Urban and Community Forestry Grant in the amount of $12,935.00, with a $13,074.00 local match from the City and 500 hours of in -kind volunteer work by the Roanoke Tree Stewards, for total Grant amount of $26,009.00, 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 Council Agenda Report dated July 16, 2012. 2. The City Manager is hereby authorized to execute 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: A a`�_C ^- Stephanie M. Moon, MIMIC David A. Bowers City Clerk Mayor a 445 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161h day of July, 2012. No. 39445-071612. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages 01- 620 - 4340 -1004 ($12,410.00) Transfer to Grant Fund 01- 250 - 9310 -9535 12,410.00 Grant Fund Appropriations Regular Employee Salaries 35- 620- 4372 -1002 18,674.00 City Retirement 35- 620 - 4372 -1105 2,913.00 FICA 35- 620 - 4372 -1120 1,428.00 Medical Insurance 35- 620 - 4372 -1125 2,594.00 Dental Insurance 35- 620 - 4372 -1126 161.00 Life Insurance 35- 620 - 4372 -1130 239.00 Revenues Urban & Community Forestry Grant FY13 35- 620 - 4372 -4372 12,935.00 Urban & Community Forestry Grant FY13 35- 620 - 4372 -4373 13,074.00 Local Match Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Stephanie M. Moon, MMC 1 City Clerk APPROVED Qav Mayor 446 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of July, 2012. No. 39446-071612. AN ORDINANCE to appropriate funding from Capital Improvement Reserve Contingency for the Wells Avenue Crosswalks Project, amending and reordaining certain sections of the 2012 -2013 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012 -2013 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Capital Improvement Reserve Contingency 08 -530- 9575 -9220 ($ 200,000.00) Wells Avenue Crosswalks 08- 530 - 9558 -9003 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: A-64 i- Y)-r�l� ' mo o,.....,`. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 447 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of July, 2012. No. 39447 - 071612. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and Roanoke River Associates, LLC, (RRA) that provides for certain undertakings by the parties in connection with the development of certain property located east of South Jefferson Street and adjacent to the Roanoke River, in the City of Roanoke; and dispensing with the second reading by title of this Ordinance. WHEREAS, RRA has proposed the development of approximately twenty -two (22) acres of property located east of South Jefferson Street and adjacent to the Roanoke River, as set forth in the City Council Agenda Report dated July 16, 2012; WHEREAS, such development of the site will require significant infrastructure costs and other costs for the development of the Project; WHEREAS, RRA has requested economic development grants through the EDA to assist in the unusual expenses for the development of the Project; WHEREAS, City staff has advised Council that such Project will benefit economic development within the City and the Roanoke Valley; and WHEREAS, the City and the EDA wish to encourage RRA to complete the Project in order to enhance and promote economic development within the City and the Roanoke Valley. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the Performance Agreement among the City, the EDA, and RRA, as set forth in the attachment to the City Council Agenda Report dated July 16, 2012, which provides for certain undertakings and obligations by RRA, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grants provided for by the Performance Agreement will promote economic development within the City and the Roanoke Valley and will be of economic benefit to the City and its citizens. 448 2. The City Manager is hereby authorized on behalf of the City to execute a - Performance Agreement among the City, the EDA, and RRA, upon certain terms and conditions as set forth in the City Council Agenda Report dated July 16, 2012. The Performance Agreement shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Performance Agreement. 4. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: �� Stephanie M. Moon, MMC L David A 5owers City Clerk Mayor .. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, .,. The 16'" day of July, 2012. No. 39448-071612. AN ORDINANCE authorizing the City Manager to negotiate and execute a Temporary Intergovernmental Agreement ( "Agreement'), with the City of Charlotte, North Carolina Charlotte Police Department ( "City of Charlotte ") concerning use of Police Department personnel for the 2012 Democratic National Convention ( "Convention "), 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 is authorized to negotiate and execute on behalf of the City of Roanoke, in a form approved by the City Attorney, an Agreement with the City of Charlotte that governs the obligations of the parties with respect to security and police related services from the Roanoke City Police Department for the Convention during the period of September 1, 2012, through September 7, 2012, in a form substantially similar to the Agreement attached to the agenda report to Council dated July 16, 2012. •I MW �- 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2012. No. 39449-071612. A RESOLUTION authorizing the waiver of the City's sovereign immunity in connection with the City's emergency rental of a 2006 International 4300 Peterson Lightning Loader to aid in the removal of yard debris after the storm event of June 29, 2012, and authorizing and ratifying a rental agreement dated July 9, 2012, with Power Line Rent -E -Quip, Inc., to rent such equipment. 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 rental of a 2006 International 4300 Peterson Lightning Loader to aid the City in cleanup of the damages and debris caused by the June 29, 2012, storm event that hit the City of Roanoke, as more particularly described in the City Council Agenda Report dated July 16, 2012. 2. This Council hereby ratifies and authorizes the City's execution of the Rental Agreement with Power Line Rent -E -Quip, Inc., dated July 9, 2012. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 450 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of July, 2012. No. 39450 - 071612. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Chapter 22.2, Pensions and Retirement, consisting of § §22.2 -1 through § §22.2 -75, and enacting a new Chapter 22.3, Pensions and Retirement, consisting of § §22.3 -1 through § §22.3 -79, 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. Chapter 22.2, Pensions and Retirement, consisting of § §22.2 -1 through § §22.2 -75 of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. The Code of the City of Roanoke (1979), as amended, is amended and reordained by enacting a new Chapter 22.3. Pensions and Retirement, consisting of § §22.3 -1 through 22.3 -79, to read and provide as follows: Chapter 22.3 PENSIONS AND RETIREMENT ARTICLEL GENERAL Sec. 22.3 -1. Preamble. On August 30, 1926, the City of Roanoke established its first retirement system covering employees of the fire and police departments (fire and police system). Effective July 1, 1946, another pension plan, the employees'retirement system (ERS), was established to cover employees of the fire and police departments, as well as other employees of the city. The fire and police system covered only those fire and police employees of the city whose date of hire was on or before December 31, 1945. The fire and police system shall exist until such time as all payments promised to its covered retirees and beneficiaries have been made, and no other liabilities for payment exist. Those retirees and beneficiaries of the fire and police system shall remain under the terms and conditions of the fire and police system. The employees'retirement system (ERS) has been amended from time to time in order to increase retirement benefits, eliminate mandatory employee contributions, and voluntarily comply with certain provisions of the Employee Retirement Income Security Act of 1974. ,.� 451 By Ordinance No. 27061, adopted on June 18, 1984, City Council amended and restated the ERS effective July 1, 1984. The ERS was replaced for certain active members by the employees' supplemental retirement system (ESRS) which covers employees of participating employers (1) who voluntarily elected to cease membership in the ERS and begin participation in the ESRS, and (2) new employees of participating employers whose date of hire or rehire is on or after July 1, 1984. ESRS did not affect the rights of any current beneficiaries as of June 30, 1984. The fire and police system, ERS and ESRS shall share one (1) common trust fund from which all benefits shall be paid without distinction as to the source of the funds and which shall be administered by one (1) board of trustees. By Ordinance No. 35880 - 052002, adopted on May 20, 2002, city council amended and restated the pensions and retirement chapter generally effective June 1, 2002. Certain provisions had retroactive effective dates as indicated in the text in order to comply with federal tax laws. The purpose of that amendment and restatement was to assure compliance with federal tax laws and to streamline the administration of the benefits provided under this chapter. Nothing in the amendment and restatement of the pensions and retirement chapter decreased creditable service or earnable compensation under the terms of the chapter as it existed prior to its amendment and restatement. By Ordinance No. 39450 - 071612, adopted on July 16, 2012, city council amends and restates the pensions and retirement chapter generally effective July 16, 2012. Certain provisions have retroactive effective dates as indicated in the text in order to comply with federal tax laws. The purpose of the amendment is to establish an Internal Revenue Code Section 401(h) retirement health savings account within the pension plan, effective July 1, 2013, as well as new tiers of benefits within the Employees Supplemental Retirement System (ESRS) and a defined contribution plan, effective July 1, 2014. Nothing in this amendment and restatement of the pensions and retirement chapter shall decrease creditable service or earnable compensation under the terms of the chapter as it existed prior to its amendment and restatement. The fire and police system, ERS and ESRS shall hereafter collectively be referred to as the City of Roanoke Pension Plan (city plan). Sec. 22.3 -2. Definitions. The following words and phrases, as used herein, shall have the following meanings, unless a different meaning is plainly required by the context. Words importing male gender shall be construed to include female, and singular words shall be deemed to include plural and plural words shall be deemed to include singular, whenever appropriate. As used in this chapter., 452 Accrued benefit shall mean the amount of a member's monthly pension - - computed at any time according to the terms and conditions which are applicable to the member, the equivalent value of which is payable for the lifetime of a member beginning at his normal retirement age. Accrued benefits shall be based on the formula in section 22.3 -43 for ESRS members and in section 22.3 -47 for ERS members. Creditable service and average final compensation applicable to the member as of the effective date of the calculation shall be used. Accumulated contributions means the sum of all amounts deducted from the compensation of a member and credited to his individual account in the member contribution account and all interest credited to the member contribution account pursuant to section 22.3 -276). Actuarial equiva lent shall generally be computed based on five percent (5%) interest and 125% of the RP 2000 mortality table for males and females except where different factors are specifically set forth in this chapter, or are adopted by the board and set forth in the Administrative Procedures Manual maintained by the board. Beneficiary shall mean any person entitled to benefits under this chapter. A beneficiary for purposes of a payment made in the event of death (other than a contingent beneficiary under an annuity option form pursuant to section 22.3 -62 or the �. survivor allowance payable pursuant to article X) shall be that person named by the member in a beneficiary designation form filed with the city. if no designation is filed, the beneficiary shall be the members' spouse or, if none, the member's estate. Board or Board of Trustees shall mean the board of trustees provided for in article 11 of this chapter. City shall mean the City of Roanoke, Virginia. City council shall mean the Council of the City of Roanoke. City of Roanoke Pension Plan or City Plan is a collective term referring to three (3) pension systems, as fol lows: (a) The police and fire department pension plan as in effect on July 1, 1946, including any subsequent amendments; (b) The employees'retirement system (ERS) as in effect on June 30, 1984, including any subsequent amendments; and, (c) The employees' supplemental retirement system (ESRS) as in effect on ^�+ July 1, 1984, including any subsequent amendments. 453 ►. Creditable service shall mean service as described in article VI of this chapter. Defined contribution board shall mean the board established pursuant to section 22.3 -78 as the trustee and administrator of the defined contribution plan. Defined contribution plan shall mean the plan established pursuant to section 22.3 -79. Disability retirement shall mean a retirement that is based upon a disability and not upon a member's age and service. Earnable compensation shall mean all usual and regular compensation from a participating employer plus salary supplements and the participating employer's contribution to the deferred compensation plan established under Section 457 of the Internal Revenue Code of 1986, as amended, excluding overtime pay, imputed income under Section 79 of the Internal Revenue Code of 1986, as amended, and any lump sum payment made upon separation from service for unused paid time off or for unused extended illness leave pursuant to regulations promulgated by the city manager, in the case of a city employee (or by the governing body of any other participating employer in the case of an employee of such other participating employer), in whatever manner F' paid. In cases where compensation is not all paid in money, the board shall fix the value of that part of the compensation not paid in money. Earnable compensation shall include compensation subject to a salary reduction or deferred compensation agreement between an employee and the participating employer pursuant to Section 125, 132(f)(4) of the Code (for plan years and limitation years beginning on or after January 1, 2001), 402(g)(3) or 457(b) of the Internal Revenue Code (and elective deferrals or contributions under any other sections of the Internal Revenue Code covered by Section 415(c)(3)(D) of the Internal Revenue Code), which compensation is not actually or constructively received by the employee. In the case of a member, other than a member of city council, whose regular work schedule is less than that of an employee considered to be full -time under the participating employer's personnel policies, such member's earnable compensation, as defined above, shall be deemed to be the employee's actual earnable compensation, as defined above, multiplied by a fraction consisting of.. (1) the number of hours in the regular work schedule of an employee considered to be full -time under the participating employer's personnel policies, over (2) the number of hours in the member's regular work schedule. Employee shall mean any person employed in any capacity by a participating employer. 454 Eligible employee shall mean (a) Any officer or employee of the City, the Roanoke Regional Airport Commission, or the Roanoke Valley Detention Commission; except a part -time officer or employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), and 1946; (b) Police and fire personnel employed on or after the first day of January, (c) The city manager, city attorney, director of finance, municipal auditor, and the city clerk (the `council appointed officers'); (d) Every officer and other person employed by the city school board prior to July 1, 2006, who is not eligible for membership in the Virginia Retirement System or successor plan except a part -time officer or employee (one who is customarily employed less than twenty (20) hours per week or not more than five (5) months in a calendar year), or, an employee who is employed solely as a bus driver. No employee of the city school board hired on or after July 1, 2006 shall be eligible to participate in the city plan; (e) Every Employee of the Roanoke Valley Resource Authority who became an employee of such Authority upon its creation pursuant to the terms of the distribution ... and indemnification agreement dated October 23, 1991. No additional employees of the Roanoke Valley Resource Authority shall be eligible to participate in the city plan; (f) Every Employee of the Roanoke Valley Detention Commission who became an eligible employee pursuant to the terms of the agreement dated October 7, 1998, whether or not such employees meet the criteria set forth in clause (1) of this Section; and, (g) Constitutional officers and employees of constitutional officers who by contract with the city are included in the city plan. (h) Every employee of the city who becomes an employee of the Western Virginia Water Authority as of July 1, 2004, shall continue to be a member of the city plan. No additional employees of the Western Virginia Water Authority hired on or after July 1, 2004, shall be eligible to participate in the city plan. The sheriff of the city and all deputies and employees in said office, and their successors and all subsequent employees in such office are not eligible employees. Members of city council shall be deemed "eligible employees ". 455 Employees of the Virginia Supreme Court and of the Juvenile District Court who, in 1982, made the irrevocable election to remain in the city plan are eligible employees. Such an employee shall remain subject to the irrevocable election for so long as he or she remains employed by the court system, without a separation from employment. Employees of the city as of July 1, 2000, whose positions are funded by grants shall be deemed "eligible employees" if they have elected to become a member by making an irrevocable election to do so in the manner set forth by the board of trustees. Employees hired by the City after July 1, 2000, whose positions are funded by grants shall be deemed "eligible employees ". In all cases of doubt, the board shall determine who is an "eligible employee" within the meaning of this chapter, subject however, to review by city council. Hybrid Member shall mean a member who elects pursuant to section 22.3 -76 to participate in the hybrid retirement program described in section 22.3 -77. Hybrid Program shall mean the retirement program established pursuant to section 22.3 -77. Medical examiner shall mean those persons designated pursuant to section 22.3 -18. Member shall mean any person included in the membership of the city plan as provided in Article V. Member contribution account means the account established under the plan to hold the member's contributions and earnings thereon credited pursuant to section 22.3 -27. Amounts paid to purchase service pursuant to Section 22.3 -39 will not be held in the member contribution account. Participating employer shall mean the city and any employer who with the consent of the city council upon recommendation by the board shall adopt the city plan; provided that the employer is a governmental employer as defined in Section 414(d) of the Internal Revenue Code of 1986 as amended. The current participating employers are: the city, City of Roanoke School Board; Roanoke Regional Airport Commission; Roanoke Valley Resource Authority; Western Virginia Water Authority; and Roanoke Valley Detention Commission. The board shall keep a record of the dates participation began. 456 Person who becomes a member after June 30, 2014 means a person who is hired or rehired after June 30, 2014 as an eligible employee as defined herein. Pension shall mean annual payments for life, payable in monthly installments continuing up to the last payment which shall be made for the month in which the date of death occurs, except as otherwise provided in this chapter. Service shall mean service as an employee of a participating employer. Service retirement shall mean a normal or early retirement that is based upon a member's age and service alone and not upon disability or death. Sec. 22.3 -3. Falsifying statements, reports or records. Whoever, with intent to deceive, shall make any statements or reports required under this chapter which are untrue, or shall falsify or permit to be falsified any record or records of the plan shall be guilty of a Class I misdemeanor. Sec. 22.3 -4. Rights, benefits and plan money not subject to assignment, execution, garnishment, etc. The right of a person to a pension, any optional benefit or death benefit, any ... other right accrued or accruing to any person under the provisions of this chapter and the money in the various accounts created by this chapter shall not be subject to execution, garnishment, attachment, the operation of bankruptcy or insolvency law or any other process of law whatsoever, and shall be unassignable. The provisions of this section prohibiting the assignment or alienation of benefits shall not apply to a domestic relations order which is determined by the secretary - treasurer of the city plan or his designee to be an approved domestic relations order as defined by Section 414(p) of the Internal Revenue Code, as applicable to governmental plans. The board shall establish procedures for review, approval and administration of such orders. Sec. 22.3 -5. City employees who are subsequently reclassified as employees of the Commonwealth of Virginia. Should any member of the city plan be voluntarily or involuntarily reclassified as an employee of the Commonwealth of Virginia such individual may elect to remain as a member of the city plan or elect to participate in another retirement plan if such option is available. Should the member join any other retirement plan he will be treated as having terminated active membership in the city plan and be entitled to receive only his vested benefits earned prior to termination of active membership. 457 Sec. 22.3 -6. Right to accrued benefits upon termination of city plan. In the event of termination of the city plan, the rights of each member to benefits accrued to such date shall be non - forfeitable to the extent then funded. If all accrued benefits are not funded they shall be paid in the following order: (a) Present value of benefits to those currently receiving or eligible to receive benefits; (b) All others. Sec. 22.3 -7. Amendments to chapter and effect on participating employers. (a) The city council shall have the continuing right and power to amend or supplement this chapter at any time, which right and power is hereby expressly reserved, but no amendment shall be adopted which will reduce the then accrued benefits of members or beneficiaries below the extent they are then covered by city plan assets. (b) Such amendments shall apply to all employees of participating employers unless city council specifically provides that such amendments may be rejected by participating employers. ARTICLE 11. ADMINISTRATION Sec. 22.3 -8. Board of trustees generally. (a) The general administration and the responsibility for the proper operation of the city plan and for making effective the provisions of this chapter are hereby vested in the board of trustees. Each board member shall discharge his duties with the care, skill, prudence, and diligence of a prudent man acting in like capacity and familiar with such matters. (b) The board shall be appointed by city council and consist of nine (9) trustees as follows: (1) The mayor, ex officio. (2) The city manager, or his designee, ex officio. (3) The director of finance, ex officio. 458 (4) Two (2) trustees, each of whom shall be a member of the city plan and an employee of a participating employer (but only one (1) of the two (2) shall be an employee of a participating employer other than the city), but not a member of any of the departments specified in paragraph (5) of this subsection. A participating employer representative shall be appointed as of the next board vacancy occurring after the effective date of the plan restatement. Each successor shall be appointed for a four -year term. (5) One (1) trustee, who shall be a member of the city plan and either of the city's police or the city's fire department. Successors shall each be appointed for a two -year term. Successors shall be appointed from the alternate department not represented by the incumbent trustee. (6) One (1) trustee who is a retired member of the city plan, who need not be a resident of the city. Successors shall be appointed for two - year terms. (7) Two (2) trustees who are residents of the city but not members of the city plan. Such trustees shall have demonstrated experience in either investment of institutional funds or pension administration. -.. Such trustees shall serve staggered four -year terms. (c) If a vacancy occurs in the office of a trustee, the vacancy shall be filled for the unexpired term in the same manner as the office was previously filled. (d) The trustees, as such, shall serve without compensation. (e) Each trustee shall, within ten (10) days after his appointment, take the oath prescribed by section 59 of the City Charter. (f) Each trustee shall be entitled to one (1) vote on the board. Five (5) concurring votes shall be necessary for a decision by the trustees at any meeting of the board, and five (5) trustees shall constitute a quorum of the board. Sec. 22.3 -9. Application of Conflict of Interest Act. The provisions of the State and Local Government Conflict of Interest Act (section 2.2 -3100 et seq., Code of Virginia) shall apply to members of the board. 459 Sec. 22.3 -10. Election and appointment of officers of board; employment of services. The board shall elect from its membership a chair and a vice - chair. The board may employ such actuarial, medical and other services as shall be required. Sec. 22.3 -11. Rules and regulations of board. Subject to the limitations of this chapter, the board shall, from time to time, establish rules and regulations for the administration of the city plan and for the transaction of its business. Sec. 22.3 -12. Board's records and reports. (a) The board shall keep in convenient form such data as shall be necessary for actuarial valuation of the city plan and for checking the experience of each system. (b) The board shall keep a record of all its proceedings, which shall be open to public inspection. It shall submit to the city council, annually, a report showing the fiscal transactions of the city plan for the preceding year, the amount of the accumulated cash and securities of the city plan, and the financial report indicating the financial condition of the city plan. Such report shall be made in the form and contain the information required by the current financial accounting standards applicable to public pension funds. Sec. 22.3 -13. Board's legal advisor. The city attorney shall be the legal advisor of the board. Sec. 22.3 -14. Secretary- treasurer; duties. The director of finance shall be the secretary- treasurer of the board. It shall be the duty of the secretary- treasurer to submit to the board records deemed necessary to administer properly the city plan. Sec. 22.3 -15. Correction of errors in benefit payments. Should any change or error in the records of the city plan result in any member or beneficiary receiving more or less than he would have been entitled to receive had the records been correct, the board shall have the power to correct such error, and as far as practicable, to adjust the payments in such a manner that the actuarial equivalent of the -- benefit to which such member or beneficiary was correctly entitled shall be paid. M•1 Sec. 22.3 -16. Written application for retirement benefits. In order to receive payment for any benefit which becomes payable from the city plan, a member or his beneficiary shall complete the application and other forms prescribed by the secretary- treasurer of the city plan. The board shall have the authority to establish reasonable procedures governing the application for any benefits payable under the city plan. Such procedures shall be set forth in the administrative procedures manual maintained by the board. Sec. 22.3 -17. Requirement to use employee's social security number. A member shall be required to disc lose his social security account number as a condition of membership. The board and secretary- treasurer shall be authorized to use such number for the purpose of member identification. Sec. 22.3.18. Designation and duties of medical examiners. The secretary- treasurer of the city plan shall designate as medical examiners licensed medical doctors or other health care professionals who are not eligible to participate in the city plan. A medical examiner shall arrange for and conduct all medical examinations required to determine whether a member is disabled, shall review medical records of the member's personal physicians, shall review all essential statements and certificates by or on behalf of a member in connection with application for disability retirement and shall report in writing to the board his conclusions and recommendations upon all the matters referred to him. Sec. 22.3 -19. Designation and duties of actuary; certification of contribution rates; adoption of tables; etc. (a) The board shall designate an actuary or actuarial consulting firm who shall be the technical advisor of the board on matters regarding the operation of the city plan and who shall perform such other duties as are required. Such actuary or actuarial firm must have at least one (1) actuary who is a fellow of the Society of Actuaries. (b) The board shall certify, from time to time, the rates of contribution payable under the provisions of this chapter, and shall adopt for the systems, from time to time, such mortality, service and other actuarial tables as shall be deemed necessary; and on the basis of such tables, the actuary shall make annually an actuarial valuation of the assets and liabilities of the systems. At least once in each five -year period, the board shall cause an actuarial investigation to be made into the mortality, service and compensation experience of the members and beneficiaries of the systems. Such investigation shall be used as a basis for revisions to existing actuarial tables or the adoption of additional actuarial tables to be used to value the assets and liabilities of the systems. w 461 ~ Sec. 22.3 -19.1. Benefit and Competitiveness Study. To support the goal of providing competitive benefits that are fiscally sustainable, the Director of Finance shall conduct a review of retirement benefits at least once every five years. A formal study of benefits shall be conducted periodically as considered necessary. In the conduct of such study the Director of Finance is authorized to utilize the services of providers previously contracted with by the board. ARTICLE Ill. TRUST FUND AND INVESTMENTS Sec. 22.3 -20. Accumulated assets. The board may invest the assets of any system or program it administers on a pooled or consolidated basis. Sec. 22.3 -21. Investment of assets; standard of care. (a) The members of the board shall be trustees of all the assets of the city plan and shall have the full power and authority to invest and reinvest such assets, and to change such investments and reinvestments from time to time as authorized by law. (b) Pursuant to the standards set forth in Section 803 of Title 51.1 of the Code of Virginia, the board shall discharge its duties with respect to the city plan solely in the interest of the members and beneficiaries thereof and shall invest the assets of the city plan with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and like aims. The board shall also diversify such investments so as to minimize large losses unless under the circumstances it is clearly prudent not to do so. Sec. 22.3 -22. Exemption from Public Procurement Act. The selection of services related to the management, purchase, or sale of authorized investments, including but not limited to actuarial services shall be governed by the standard of care in section 22.3 -21 and shall not be subject to the provisions of the Virginia Public Procurement Act. Sec. 22.3-23. Reserved. Sec. 22.3 -24. Custodian of assets; payments from funds. (a) The board shall designate a bank or trust company to be the custodian of the assets of the city plan. 462 (b) When the board shall have designated a bank or trust company to be custodian of certain or all of the assets of the city plan, the board may, by resolution adopted by the board, authorize such bank or trust company to hold all or any of the stock or registered securities of the city plan entrusted to the custody of such bank or trust company in the name of a nominee of such bank or trust company as provided in the first paragraph of section 6.1 -31 of the Code of Virginia, (1950), as amended, and the resolution of the board providing such authorization may further designate the nominee of such bank in whose name such stock and securities may be so held by the bank. Sec. 22.3 -25. Limitation on use of assets. No member or employee of the board shall have any direct or indirect interest in the gains or profits of any investment made by the board, nor as a member of the board receive any pay or compensation for his service. No member or employee of the board shall, directly or indirectly, for himself or as an agent, in any manner use the assets of the city plan, except to make such current and necessary payments as are authorized by the board. Sec. 22.3 -26. Diversion of city plan assets. Upon no circumstances at any time prior to the satisfaction of all liabilities with respect to members and their beneficiaries under the trust shall an "r y part of the trust corpus or income of the city plan be used for or diverted to any purpose other than for the exclusive benefits of the members and their beneficiaries and for the reasonable administrative expenses of the city plan. Sec. 22.3 -26.1. Establishment of 401(h) account, contributions, investment and use. (a) There is hereby established a 401(h) account which shall be a separate account within the trust fund of the plan and which is established pursuant to Section 401(h) of the Code. The system shall separately account for the funds contributed to the 401(h) account by members and by each participating employer and the earnings and expenses relating to the investment and administration of those funds. The trustees shall not be obligate to commingle the 401(h) account assets for investment but instead may segregate such funds into a subtrust and accounted for such assets on a member account level. The trustees are authorized to permit members to direct the investment of the member level account in accordance with procedures and within the parameters established by the board. The board is authorized to delegate to the defined contribution board the authority to contract on behalf of the board with an investment provider to administer the participant level accounts and investment direction -+ .r 463 (b) Effective July 1, 2013, each member, including a police officer, a firefighter �-- and a hybrid member, shall contribute one (1) percent of his earnable compensation each pay period to the 401(h) account. Such contribution shall be credited to the 401(h) account and accounted for in a separate member level account. The member contributions, although designated as employee contributions hereunder, will be paid by the participating employers and shall be treated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code of 1986, as amended, and shall not be included as gross income of the employee until such time as they are distributed or made available to the employee. The city shall "pick-up "the employee contributions by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis. Any other participating employer shall "pick- up" the employee contributions either in lieu of future salary increases or by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis, as indicated by such participating employer in the authorization passed by its governing body. (c) Effective July 1, 2013, each participating employer shall contribute one (1) percent of earnable compensation on behalf of each person who becomes a member after June 30, 2013 and each other member who elects pursuant to section 22.3 -61 to forego the supplement described therein. Such contribution shall be credited to the 401(h) account and accounted for in a separate member level account. If the member ceases to be an employee prior to accumulating at least 5 years of creditable service, the funds held in the member level 401(h) account attributable to the employer contribution and the earnings thereon shall be forfeited. Forfeitures of the employer contributions and the earnings thereon shall be used to pay expenses of the 401(h) account or to reduce future contributions required by the employer, as determine by the defined contribution board. (d) Contributions to the 401(h) account must be subordinated to the contributions to the plan for retirement benefits. Accordingly at all times the aggregate contribution by the participating employer (made after June 30, 2013) to fund the 401(h) account and to furnish any life insurance protections shall not exceed twenty -five (25) percent of the total aggregate actual contribution made by the participating employer (made after June 30, 2013) to the plan (excluding any contributions to fund the purchase of past service credited). For this purpose: life insurance protection includes benefits paid under the plan on behalf of members as a result of such member's death to the extent the payment exceeds the amount of the reserve to provide retirement benefits for the member existing at his death; and 2) contributions made by participating employers to the plan include contributions that have been properly picked up under section 414(h) of the Internal Revenue Code. The board shall determine annually whether the twenty -five (25) percent test has been met. If at any time the 401(h) account contributions exceed the limitation that participant employer will be notified immediately and the excess amount not accepted. Any affected participating employer shall immediately give the board direction as to the disposition of the excess contributions. I I (e) After a member who is a person who becomes a member after June 30, 2013 has ceased to be any employee, the plan shall reimburse members for medical care expenses as defined in section 213(d) of the Internal Revenue Code after proper substantiation has been provided, first from the portion of the member account attributable to the member contributions and the investment earnings thereon and only after that has been exhausted, from the portion of the account attributable to the participating employer's contributions and the investment earnings thereon. (0 Such member's spouse and dependent children may continue to request reimbursement for such medical care expenses after the member's death. (g) Following the death of such member's spouse and dependent children of the members or the last dependent ceasing to be a dependent, any remaining funds in the 401(h) account of such member shall be forfeited. The forfeiture shall apply to reduce the future contributions by the participating employer to fund the 401(h) account. (h) The board is authorized to contract with a third party to provide recordkeeping services to the plan for the member level 401(h) accounts and to provide claims processing services in connection with the payment of reimbursements for the 401(h) account. I (i) The board shall establish more detailed guidelines for the maintenance ... and use of the 401(h) account consistent with the requirements of Section 401(h) of the Internal Revenue Code and consistent with the provisions of this section. 6) For purposes of this section a person who becomes a member after June 30, 2013 means a person who is hired or rehired after June 30, 2013 as an eligible employee as defined herein. ARTICLE IV CONTRIBUTIONS Sec. 22.3 -27. Contributions and member's contribution account (a) Each person who becomes a member after June 30, 2014, including a police officer or firefighter but excluding a hybrid member, shall contribute five percent (5%) of his earnable compensation each pay period. Except as described in the preceding sentience, no contributions were deducted after May 31, 1973 from the compensation of members. The participating employers shall deduct the contribution payable by the member and every employee accepting or continuing employment shall be deemed to consent and agree to any deductions from his earnable compensation required by this section. ^� :• ►. Notwithstanding the foregoing, the member contributions, although designated as employee contributions hereunder, will be paid by the participating employers and shall be treated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code of 1986, as amended, and shall not be included as gross income of the employee until such time as they are distributed or made available to the employee. The city shall "pick -up" the employee contributions by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis. Any other participating employer shall "pick -up" the employee contributions either in lieu of future salary increases or by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis, as indicated by such participating employer in the authorization passed by its governing body. (b) Contributions payable by the participating employer shall be determined as provided in this section. The contributions to the city plan made each year by the participating employers shall consist of a certain percentage of the earnable compensation of each member to be known as the "normal contribution" and the "accrued liability contribution ". (c) The normal contribution for each participating employer shall be determined after each actuarial valuation and shall be based on the normal cost determined under the actuarial cost method used to complete the valuation. The actuarial cost method shall be any generally accepted actuarial cost method adopted by the board for the purposes of completing the valuation. (d) The accrued liability contribution of each participating employer shall be determined after each actuarial valuation and shall be based on the accrued liability determined under the actuarial cost method used to complete the valuation. The unfunded or overfunded accrued liability, and any changes in the unfunded or overfunded accrued liability due to plan amendments, assumption changes, or experience gains or losses, shall be amortized as a level percent of pay over a period not to exceed thirty (30) years in accordance with acceptable GASB standards. (e) The total amount payable by each participating employer in each year shall be sufficient, when combined with the assets of the system, to provide the benefits payable to members and beneficiaries then current. (r) For valuation purposes the value of the assets must reflect current market value as of June 30 of each year, however, unrealized gains and losses or appreciation /depreciation may be phased in over a period of time at the board's discretion. UT 901 I The actuary shall show separately the cost for each of the systems and, if requested by the board, shall separate the cost of the deputized police officers and firefighters from all other employees within each system, and , if requested by the board, shall show separately the cost for each participating employer. (h) All reasonable administrative expenses shall be paid from the trust. (i) The board shall file with the city manager and the governing body of each additional participating employer its certification of the amount of appropriations necessary to pay the required contribution as certified by the city plan's actuary and such amount shall be included in the participating employer's budget in accordance with budget procedure. (j) All member contributions and interest allowances shall be credited to the member contribution account. Accumulated contributions required to be returned to the member or required to be paid on account of the member's death shall be paid from the member contribution account. As of each June 30, the member contribution account of each active member shall be credited with interest at a rate to be determined annually by the council. Initially, the rate shall be three percent (3 %) annually. Interest shall accrue on any contribution beginning on the first day of the fiscal year following the year in which the contribution was made. No interest shall be credited to the member contribution account after the effective date of the member's retirement. ARTICLE V. MEMBERSHIP Sec. 22.3 -28. Membership generally. (a) Any eligible employee shall become a member of the city plan. (b) A member of ERS on June 30, 1984 and who has not elected during election periods provided at various times between June 30, 1984 and July 1, 2000 to transfer to ESRS may continue as an ERS member. No other person is eligible to become an ERS member. (c) Members or beneficiaries of the police and fire department pension plan shall continue as part of that system, and shall not be eligible to transfer to the ESRS. (d) On and after July 1, 1986, members of city council shall be members of ESRS. City council members shall be accorded creditable service for all service as a member of city council, whether continuous or not, including service prior to July 1, 1986. (e) A member of the city plan may earn a benefit from only one (1) system. 467 �- Sec. 22.3 -29. Election of benefit under ERS or ESRS for members of ESRS having forty -two (42) or more years of creditable service. Any member of the ERS on June 30, 1984, who subsequently elected to transfer to ESRS and who thereafter attains forty -two (42) or more years of creditable service shall have his accrued benefit at the time of retirement calculated pursuant to the terms of ERS and ESRS, and such member shall elect to be paid his accrued benefit under either ERS or ESRS prior to the commencement of payment of any benefits under the city plan. - Sec. 22.3 -30. Employees of constitutional offices and judges of courts of record not to receive benefits while being compensated by city for services rendered. Notwithstanding any provision contained in this article, no assistant, deputy or employee in any constitutional office and no employee of any judge of a court of record shall receive any benefit under this chapter during any period of time in which such person may also receive from the city any compensation for services rendered as an elected officer, or any judge of a court of record after being retired pursuant to this chapter. Sec. 22.3 -31. Restoration of beneficiaries to membership. (a) Should a disability beneficiary under normal retirement age be restored to or be in service at a compensation equal to or greater than his average final compensation at retirement (adjusted by any cost of living adjustments granted since his last day of service), or should any other beneficiary be restored to service prior to his normal retirement age, his pension shall cease and he shall become a member of ESRS. Anything in this chapter to the contrary notwithstanding, any prior service certificate on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect and he shall be credited with all creditable service as a member standing to his credit at the time of his retirement, provided, however, that his pension attributable to his creditable service prior to his reemployment upon subsequent retirement shall be no less than the sum of his previous pension plus the amount computed on the basis of his Creditable Service and Earnable Compensation for the period after his restoration. Notwithstanding the foregoing, if such restoration of service occurs after June 30, 2014, he shall be treated as a new member and a person who becomes a member after June 30, 2014; except that prior creditable service shall be restored in accordance with section 22.3 -35 and for the limited purpose described therein. M (b) Should any beneficiary be restored to service on or after his normal retirement age, the pension shall be discontinued during the period of restoration, and he shall become a member of the ESRS but in the event of his death during such period any payment under an optional benefit, if one (1) has been elected and has become effective with respect to his retirement allowance attributable to his creditable service Prior to his reemployment, shall commence. Such a Member shall be considered a new Member with respect to service rendered subsequent to his restoration; except, that his Normal Retirement Age shall be the same as before restoration. Notwithstanding the foregoing, if such restoration of service occurs after June 30, 2014, he shall be treated as a new member and a person who becomes a member after June 30, 2014; except that prior creditable service shall be restored in accordance with section 22.3 -35 and for the limited purpose described therein. (c) If a former employee who is entitled to a deferred early service retirement allowance or a deferred vested allowance returns to service as an eligible employee of • participating employer before such allowance has become payable, he shall become • member of the ESRS upon his return, and his retirement allowance attributable to his creditable service prior to his reemployment and payable on subsequent retirement shall be computed in accordance with the provisions of this article in effect at such time on the basis of service standing to his credit at the time of his termination and service credited to him after his return. Notwithstanding the foregoing, if such restoration of service occurs after June 30, 2014, he shall be treated as a new member and a person who becomes a member after June 30, 2014; except that prior creditable service shall be restored in accordance with section 22.3 -35 and for the limited purpose described therein. (d) Any member who is reemployed by a participating employer shall not have his pension attributable to his creditable service prior to his reemployment reduced below the level he was receiving or was eligible to receive prior to reemployment. This requirement app lies both to the creditable service used to determine the amount of pension and eligibility for receiving payment. (e) Should any beneficiary receiving a pension be elected a member of city council, such beneficiary upon his initial election to city council, may make an irrevocable election to (1) Discontinue receiving such pension pursuant to the provisions of section 22.3 -31(b) above, and accrue additional creditable service for serving on city council, or I (2) Continue to receive a pension, but forego the accrual of additional creditable service for serving on city council. .. EM ARTICLE VI. CREDITABLE SERVICE DIVISION 1- General Sec. 22.3-32. Definitions. Creditable service means membership service plus prior service. Membership service shall mean service as a member for which credit is allowable as provided in sections 22.3 -37 and 22.3 -40 and service which is otherwise expressly credited as membership service pursuant to sections 22.3 -41, 22.3 -33, 22.3- 38 and 22.3 -39. Prior service shall mean service rendered prior to becoming a member for which credit is allowable as provided in sections 22.3 -35, 22.3 -74, and 22.3 -41. Prior service certificate shall mean a certificate issued by the board of trustees granting prior service. Sec. 22.3 -33. Service credit during leaves of absence. (a) No service credit shall be allowed for any period of thirty (30) or more days during which an employee was absent without pay; provided, however, any period of leave under the Family and Medical Leave Act of 1993 shall be treated as membership service for purposes of vesting and eligibility to participate (but not for the accrual of additional benefits). (b) Periods for which an eligible employee is receiving workers' compensation shall also be treated as membership service for purposes of vesting and eligibility (but not for the accrual of additional benefits). Such workers' compensation related periods shall be credited upon the eligible employee's return to service. (c) For a member who has unused extended illness leave pursuant to section 2 -55 of the City of Roanoke Code; or pursuant to the administrative process set by the Roanoke Valley Regional Airport Commission, seventy -five (75) percent of such member's unused extended illness leave balance upon the date of retirement shall be converted to creditable service not to exceed one (1) year of creditable service; provided no member shall use conversion of extended illness leave to meet vesting requirements of ESRS or ERS; no retirement allowance for any member converting extended illness to Creditable Service shall exceed sixty -three (63) percent of average final compensation; and, such member must begin receiving a retirement allowance immediately upon termination from employment. The service credit described in this section shall not be granted to members who are employees of the city school board or the Roanoke Valley Resource Authority. Wj, Sec. 22.3 -34. Prorated creditable service for less than full -time work. Effective for creditable service earned after July 1, 2006, in the case of a member whose regular work schedule is less than that of an employee considered to be full -time under the participating employer's personnel policies (other than members of city council), creditable service shall be a fraction of a year based on the number of hours in the member's regular work schedule over the number of hours in the regular work schedule of an employee considered to be full -time under the participating employer's personnel policies. Sec. 22.3 -35. Restoration of prior creditable service. If a member is hired by a participating employer, prior creditable service (if any) will be reinstated when the following conditions are met. (a) The member, other than a member of city council, shall work one (1) continuous year after returning as an eligible employee before qualifying for prior creditable service; except when such person dies or becomes disabled after returning to service with a participating employer, in which case he shall become entitled to credit for prior creditable service as of the date of such death or disability without having to meet the requirement of one (1) year of continuous service. Notwithstanding the foregoing, if the member is hired by a participating employer after June 30, 2014, such prior creditable service shall be applied only for purposes of determining eligibility for the post— retirement supplement described in section 22.3 -61.1 and for determining vesting and normal retirement age with respect to benefits attributable to future service. The accrued benefit attributable to pre -July 1, 2014 creditable service shall be determined in accordance with section 22.3 -31. If the member did not have a vested allowance attributable to his pre July 1, 2014 creditable service, his post June 30, 2014 creditable service shall count toward the years of creditable service required for a vested allowance attributable to pre July 1, 2014 creditable service. Notwithstanding, however, the retirement allowance based on such pre -July 1, 2014 service shall be determined based on the provisions applicable to a person who becomes a member after June 30, 2014. I (b) If the member received a refund of his accumulated contributions or a lump sum distribution for the full value of his pension previously earned and he repays the entire amount of the refund or distribution with interest, at the rate of five (5) percent per annum compounded, within ninety (90) days after reemployment, his prior credited service shall be reinstated for all purposes. Notwithstanding, however, the retirement allowance based on such pre -July 1, 2014 service shall be determined based on the provisions applicable to a person who becomes a member after June 30, 2014. Such repayment may be made by plan to plan transfer, rollover or after -tax contribution. �+ 471 Sec. 22.3 -36. Service Generally. Except as provided in section 22.3 -28 and section 22.3 -35, a member shall be entitled to creditable service, for purposes of calculating retirement benefits, for all time such member was an eligible employee, as defined in section 22.3 -2, whether such service was continuous or not and regardless of breaks or interruptions in such service with any participating employer. No member shall, except as required in section 22.3- 74, be allowed creditable service for time during which such member was not an eligible employee of a participating employer. DIVISION 2. ESRS SERVICE Sec. 22.3 -37. ESRS service credit. Each eligible employee shall receive credit for all membership service rendered while a member of ESRS and any prior service with the ERS. Sec. 22.3-38. Portability. (a) The board may enter into an agreement with the Virginia Retirement _ System (VRS) or another political subdivision of the Commonwealth having a defined benefit plan which is not supplemental to the Virginia Retirement System, whereby any vested ESRS member may be granted creditable service, as determined by the board, ` for service rendered with the VRS or with another political subdivision upon the transfer of assets pursuant to the agreement and in accordance with the procedures established by the board. (b) The board may transfer assets on behalf of a vested member to the VRS pursuant to the agreement between the board and the Virginia Retirement System. (c) The board may transfer assets on behalf of a vested member to a defined benefit plan of another political subdivision of the Commonwealth which is not supplemental to the VRS pursuant to the agreement between the board and such other political subdivision. 472 Sec. 22.3 -39. Purchase of service. (a) Creditable service for purposes of this article shall also include service purchased by an ESRS member pursuant to this section and in accordance with the procedures established by the board. Upon completion of a service purchase described herein, the board of trustees, or its delegate, shall issue a prior service certificate relating to the purchased service. (b) Any member in service who has been credited with five (5) or more years of creditable service or who will become vested as a result of the current purchased service, may, pursuant to the procedures described in subsections (d) or (e), purchase creditable service for all or part of the following: (1) Certified creditable service with a retirement system with which the city has entered into a portability agreement pursuant to subsections (a) and (b) of section 22.3 -38 and section 51.1 - 801.1, Code of Virginia. (2) Service with the city in a grant position prior to July 1, 2000. The member must pay an amount equal to a percentage of the member's present annualized earnable compensation or his average final compensation during his thirty -six (36) highest consecutive months of creditable service (as determined pursuant to section 22.3 -42). The percentage of present earnable compensation or average earnable compensation, whichever is greater, to be charged shall be determined by the city plan's actuary based on reasonable factors and assumptions approved by the board of trustees intended to reflect the actual cost to the city plan of the benefit to be provided as a result of the purchased service. If the member does not pay the entire amount required, the member's actual creditable service shall be prorated on a linear basis. Notwithstanding the foregoing, if the member does not pay the entire amount required due to the member's death while an employee and such member does not have sufficient creditable service to be entitled to a death benefit under section 22.3 -67, then the amount paid by the member to purchase service shall be refunded to the member's spouse or if none, to the member's estate as soon as possible following the date of the member's death. (c) No service may be purchased under this section if such service is considered in the calculation of any retirement benefit either under this chapter as a ^� result of portability or by another retirement system. ►.. (d) Upon an election by a member to purchase creditable service pursuant to this section and the receipt by the participating employer of a binding and irrevocable salary reduction election executed by the member on a form provided by the board for this purpose, the participating employer shall pay to the city plan an equivalent amount in lieu of the member's contribution required to purchase creditable service pursuant to this section. The member shall not be given the option of choosing to receive the contributed amounts directly instead of having them paid by the participating employer to the city plan. Such election shall not be effective prior to the receipt of the signed election. Contributions made by the participating employers pursuant to this section shall be considered earnable compensation for purposes of this chapter. Such contributions shall be paid to the trust fund by the participating employer from the same source of funds as used in paying the wages to affected members. Creditable service available for purchase that is not purchased using the procedure described in this subsection may be purchased using the procedure described in subsection (e). (e) In lieu of the purchase by salary reduction election as described in subsection (d) or in addition thereto, the city plan shall accept a direct trustee -to- trustee transfer of a lump sum in cash from a plan established pursuant to Section 457(b) of the Internal Revenue Code of 1986, as amended by a governmental employer or a plan or program established pursuant to Section 403(b) of the Internal Revenue Code of 1986, as amended as payment by a member for the purchase of creditable service described in subsection (b). Creditable service purchased with the lump sum shall be determined by dividing the lump sum by the applicable percentage described in subsection (b) multiplied by the greater of the member's present annualized earnable compensation or his average final compensation during his thirty -six (36) highest consecutive months of creditable service (as determined pursuant to section 22.3 -42). Creditable service available for purchase that is not purchased using the procedure described in this subsection, may be purchased using the procedure described in subsection (d). DIVISION 3. ERS SERVICE Sec. 22.3.40. ERS service credit. Each eligible employee commencing service, for the first time, after July 1, 1946, shall receive membership service for all service rendered while a member of ERS. BE Sec. 22.3 -41. Prior service credit generally. Service prior to July 1, 1946 for employees whose date of hire was before July 1, 1946 shall be based upon the prior service certificate, the employee's statement of all service as an employee rendered by him prior to said date for which he claims credit, whether continuous or not, and of such other facts as the board may require for the proper operation of the system. The board shall fix and determine, by appropriate rules and regulations, the amount of service in any year which is equivalent to a year of service, but in no case shall more than one (1) year of service be creditable for all service in one (1) calendar year, nor shall the board allow credit as service for any period of more than one (1) month's duration during which the employee was absent without pay. The board shall verify, as soon as practicable after the filing of such statements of service, the service therein claimed, and shall issue prior service certificates certifying to each member the number of years of prior service with which he is credited. As long as membership continues, a prior service certificate shall be final and conclusive for retirement purposes as to such prior service credit, provided, however, that any member may, within one (1) year after the date of issuance or modification of such certificate, request the board to modify or correct his prior service certificate. ARTICLE VII. DETERMINATION OF BENEFITS DIVISION 1 - ESRS Sec. 22.3 -42. ESRS definitions. Average final compensation (as used for purposes of determining retirement allowances under this division) shall mean the average annual earnable compensation, as defined by section 22.3 -2, of a member during the thirty -six (36) consecutive months during which the member has creditable service yielding the highest such average prior to retirement. However, for any person who becomes a member after June 30, 2014, average final compensation means the average annual earnable compensation of a member during the sixty (60) consecutive months during which the member has creditable service yielding the highest such average prior to retirement. Months in which the member has no creditable service shall not be included in determining the thirty -six (36) or sixty (60) consecutive months. In either case, if the number of months is less than thirty -six (36) or sixty (60) consecutive months, respectively, the average shall be determined on the basis of the entire period of creditable service, or in the case of a rehire, including prior periods of service. Normal retirement age means: 475 (a) For firefighters and deputized police officers the earlier of (i) attainment of age sixty -five (65) and five (5) years of creditable service, or (ii) the attainment of age forty -five (45) and any combination of age and years of creditable service that equals not less than the sum of seventy (70) or in the case of a person who becomes a member after June 30, 2014 and who is a firefighter or deputized police officer, the earlier of (i) attainment of age sixty -five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty (50) and any combination of age and years of creditable service that equals not less than the sum of seventy -five (75). Only service as a firefighter or deputized police officer shall be credited to determine eligibility; provided, however, should any firefighter or deputized police officer become disabled for his regular duties as a firefighter or deputized police officer as a result of an accident occurring in the line of duty or as a result of an occupational disease and such firefighter or deputized police officer is transferred to another position in the city service, then such member shall continue to accrue creditable service as a firefighter or deputized police officer and shall remain subject to the normal retirement age established by this subsection as if he had remained a firefighter or deputized police officer. Any member employed on December 1, 1997, as a firefighter who was employed by the city in an emergency medical services capacity prior to October 30, 1995, shall receive credit under this subpart for service from the later of (i) July 1, 1989, or (ii) the date on which the employee became a member working in an emergency medical services capacity. (b) For all other members not described in (1) above the earlier of (i) the attainment of age sixty -five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty (50) and any combination of age and years of creditable service that equals not less than the sum of eighty (80) or, in the case of a person who becomes a member after June 30, 2014 not described in (1) above, the earlier of (i) attainment of age sixty -five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty -five (55) and any combination of age and years of creditable service that equals not less than the sum of eighty -five (85). (c) With respect to any person employed after having attained the age of sixty (60) years, normal retirement age shall be such person's age upon employment increased by five (5) years. System shall mean the Employees' Supplemental Retirement System of the City of Roanoke hereinafter referred to as the ESRS. Sec. 22.3 -43. Normal service retirement. (a) Eligibility. A member who remains an active member until his normal retirement age shall be eligible to receive an unreduced normal retirement benefit commencing on the first day of the month next following or coincident with the date of his termination of employment. M (b) Amount of normal retirement benefit on or after normal retirement age. (1) In the case of a member other than a person who becomes a member after June 30, 2014, the retirement allowance shall be two and one -tenth percent (2.1 %) of the member's average final compensation for each year of creditable service subject to a maximum of sixty -three (63) percent of average final compensation. (2) In the case of a person who becomes a member after June 30, 2014 (other than a hybrid member), the retirement allowance shall be two percent (2.0 %) of the member's average final compensation for each year of creditable service subject to a maximum of sixty - three (63) percent of average final compensation. (3) In the case of a hybrid member, the retirement allowance shall be one percent (1.0 %) of the member's average final compensation for each year of creditable service subject to a maximum of sixty -three (63) percent of average final compensation. Only creditable service and average final compensation upon date of termination of employment will be used in the computation of the retirement allowance. .� Sec. 22.3 -44. Early service retirement allowance. (a) Eligibility. A member shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment if he meets the following criteria: (1) In the case of a member other than a person who becomes a member after June 30, 2014, a member who has had five (5) or more years of creditable service and has attained the age of fifty - five (55) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment. (2) In the case of a person who becomes a member after June 30, 2014, (other than a firefighter or a deputized police officer), a member who has had fifteen (15) or more years of creditable service and has attained the age of fifty -five (55) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment. ,.� 477 (3) In the case of a person who becomes a member after June 30, 2014 and who is a firefighter or deputized police officer, a member who has had fifteen (15) or more years of creditable service and has attained the age of fifty (50) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment. (b) Amount of early retirement benefit. (1) In the case of a member other than a person who becomes a member after June 30, 2014, the retirement allowance shall be two and one -tenth percent (2.1 %) of the member's average final compensation for each year of creditable service subject to a maximum of sixty -three (63) percent of average final compensation. (2) In the case of a person who becomes a member after June 30, 2014 (other than a hybrid member), the retirement allowance shall be two percent (2.09/) of the member's average final compensation for each year of creditable service subject to a maximum of sixty - three (63) percent of average final compensation. (3) In the case of a hybrid member, the retirement allowance shall be one percent (1.0 %) of the member's average final compensation for each year of creditable service subject to a maximum of sixty -three (63) percent of average final compensation. Only creditable service and average final compensation upon date of termination of employment will be used in the computation of the retirement allowance. (c) This retirement allowance may be deferred and become payable without further adjustment: (1) In the case of a member other than a person who becomes a member after June 30, 2014, until the date when such member first actually attains the earlier of (1) age sixty -five (65), or, (2) age fifty- five (55) and thirty (30) years of creditable service. (2) In the case of a person who becomes a member after June 30, 2014 (including hybrid members), until the date when such member first actually attains normal retirement age. (d) if the member elects payment to begin prior to the date described in (c) above, the pension commencing immediately shall be equal to the deferred pension reduced by one -half (112) of one (1) percent for each of the first sixty (60) such months by which actual payment precedes the earlier of the date determined in (c) above and, one - quarter (114) of one (1) percent for each additional month in excess of sixty (60) months by which actual payment precedes the date determined in (c) above. Sec. 22.3 -45. Vested allowance. (a) Eligibility. A member with five (5) or more years of creditable service who, for reasons other than death or retirement under any other provision of this article, ceases to be employed by a participating employer shall be entitled to a vested allowance, as provided for in sections 22.3 -43, 22.3 -44, or 22.3 -58. (b) Calculation of allowance. The vested allowance commencing upon the actual attainment of the earlier of the date described in section 22.3 -44(c) shall be computed as a vested service retirement allowance on the basis of the member's average final compensation and creditable service, at the time of his termination. (c) Payment of the vested allowance. The vested allowance may commence to be paid at any time after the member has reached, in the case of a member other �. than a person who becomes a member after June 30, 2014, the age required for early .,. retirement subject to any applicable reductions for early payment as set out in section 22.3 -44(d) or in the case of a person who becomes a member after June 30, 2014 (including hybrid members), age sixty (60) subject to any applicable reductions for early payment as set out in section 22.3- 44(d). (d) Applicability of multiplier. Any member entitled to a vested allowance who ceased to be an employee of a participating employer prior to January 1, 1999 and who is not reemployed after June 30, 2014, shall have his vested allowance calculated pursuant to sections 22.3 -43 and 22.3 -44 as such sections existed prior to January 1, 1999 (utilizing a multiplier of two percent (2.0%) for each year of creditable service). Any member entitled to a vested allowance who ceases to be an employee of a participating employer on or after January 1, 1999, who is not reemployed after June 30, 2014, and who meets the condition established by section 22.3 -35(a) shall have his vested allowance calculated pursuant to sections 22.3 -43 and 22.3 -44 as such sections exist on and after January 1, 1999 (utilizing a multiplier of two and one -tenth percent (2.1 %) for each year of creditable service). 479 DIVISION 2. ERS Sec. 22.3 -46. ERS definitions. Average final compensation (as used for purposes of determining retirement allowances under this division) shall mean the annual earnable compensation, as defined by section 22.3 -2, of a member during his twelve (12) consecutive months of creditable service yielding the highest such average prior to retirement. Normal retirement age means the age of sixty (60) or the age prior thereto at which a member completes thirty (30) years of creditable service. Social security benefit shall mean the annual benefit payable in monthly installments as the primary insurance amount under Title 11 of the Federal Social Security Act. System shall mean the Employees' Retirement System of the City of Roanoke hereinafter referred to as the ERS. Sec. 22.347. Retirement and service retirement allowance generally. (a) Eligibility. Any member who remains an active member until his normal retirement age shall be eligible to receive an unreduced normal retirement benefit commencing on the first day of the month next following or coincident with the date of his termination of employment. (b) Amount of normal retirement benefit on or after normal retirement age. The service retirement allowance shall consist of a pension equal to one - seventieth of the member's average final compensation multiplied by the number of years of creditable service. In the case of a member retiring on or after July 1, 1970, and after he has attained the age of sixty -five (65) years, an additional pension shall be payable to him, if he is not entitled to a social security benefit at the time of such retirement on the basis of his covered earnings under the Social Security Act, which shall be equal to the primary insurance amount provided under Title 11 of the Social Security Act as the same may be from time to time amended and adjusted; provided, however, that the member shall be required to submit evidence satisfactory to the board that the Social Security Administration has determined that no social security benefit is payable to him, nor would such a benefit be payable upon proper application therefore but for the receipt of income covered under the Social Security Act. Sec. 22.348. Early service retirement allowance (a) Eligibility. A member who remains an active member until he has completed at least twenty (20) or more years of creditable service shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of his termination of employment. E'1 (b) Amount of early retirement benefit. The retirement allowance shall consist of a pension equal to one - seventieth of the member's average final compensation multiplied by the number of years of creditable service. (c) The early service retirement allowance shall consist of either: (1) A deferred pension commencing upon the attainment of the normal retirement age and computed as a service retirement allowance on the basis of the member's average final compensation and creditable service at the time of his early retirement; or (2) A pension commencing immediately which shall be equal to the deferred pension reduced by five - ninths (519) of one (1) percent for each month between the date of commencement of the pension and the attainment of the normal retirement age, not in excess of sixty (60) months, and five - eighteenths (5118) of one (1) percent for each such month in excess of sixty (60) months. (d) If a retired member who has elected to receive a deferred retirement allowance under this section dies before his retirement allowance normally becomes due, the only y payment made shall be the non - occupational death benefit, as provided under subparagraph (1) of section 22.3 -70, unless there is a surviving spouse entitled to a pension under the provisions of section 22.3 -69. Sec. 22.3 -49. Vested allowance. (a) Eligibility. A member with ten (10) or more years of creditable service who, for reasons other than death or retirement under any other provision of this article, ceases to be employed by a participating employer on or after October 1, 1977, shall be entitled to a vested allowance as provided for in section 22.3 -47, or section 22.3 -48, subject to the restrictions of this section, payable to him in accordance with this section commencing either on his normal retirement age or upon application of the former employee filed not less than thirty (30) days prior to the commencement date, prior to the normal retirement age but on or after the date as of which he would have completed twenty (20) years of creditable service if he had continued in service with a participating employer. Any member who terminated service for any reason prior to October 1, 1977, and who returns to service after such date shall work one (1) continuous year after returning before qualifying for credit toward a vested allowance for service rendered prior to October 1, 1977, except when such person dies or becomes disabled after returning to service, in which case he shall become entitled to credit for prior service as of the date of such death or disability without having to meet the requirement of one (1) year of continuous service. ..� _ 481 (b) The vested allowance commencing upon the attainment of normal retirement age shall be computed as a service retirement allowance on the basis of the member's average final compensation and creditable service at the time of his termination. (c) The vested allowance commencing prior to the former member's normal retirement age, but on or after the date as of which he would have completed twenty (20) years of creditable service if he had continued in service, shall be equal to the pension computed in accordance with subsection (b) of this section, reduced by five- ninths ( 519) of one (1) percent for each month between the date of commencement of the pension and the attainment of the normal retirement age, not in excess of sixty (60) months, and five - eighteenths (5/18) of one (1) percent for each additional month in excess of sixty (60) months. (d) A vested allowance shall not be payable pursuant to this section with respect to any member whose service was terminated prior to October 1, 1977, and who was not in service after that date. ARTICLE VIII. DISABILITY RETIREMENT Sec. 22.3 -50. Non - occupational disability retirement allowance. (a) Eligibility. Upon application of a member in service or the head of such member's department, any such member who has had five (5) or more years of creditable service may be retired by the board on a non - occupational disability retirement allowance not more than one (1) year after the filing of such application (or such longer period necessitated by the circumstances); provided, that the board's medical examiner or examiners shall certify after medical examination (i) that such member is mentally or physically totally incapacitated for the further performance of any gainful employment for which the member is qualified with his most recent participating employers, and (ii) that such incapacity is likely to be permanent. (b) Amount of benefit. The non - occupational disability retirement allowance shall be computed as a service retirement allowance on the basis of the member's average final compensation and creditable service at the time of his retirement (accrued benefit), provided, in the case of an ERS member, if such member has not attained his normal retirement age and the retirement allowance computed as herein provided is less than twenty -five (25) percent of the member's average final compensation, the pension shall be increased to the lesser of such twenty -five (25) percent, or the amount that would have been payable to the member as a service retirement allowance on retirement at his normal retirement age if he continued in service until such age without change in his average final compensation. Upon approval of an application by the board, benefits shall be retroactive to the date after all forms of leave have been exhausted. This benefit shall be reduced by any workers' compensation benefits as provided for in section 22.3 -53. MM (c) The non- occupational disability retirement allowance of a hybrid member shall be computed as a service retirement allowance on the same basis as described in (b) above except that the multiplier shall be 2.0% instead of the 1.0% applicable to a hybrid member. The disability retirement allowance of a hybrid member shall be offset by the actuarial equivalent of his account in the defined contribution plan as of the effective date of his disability. (d) Should the member die while receiving a non - occupational disability retirement allowance, any excess accumulated contribution as of the effective date of the members retirement, over the total retirement allowance previously received by him will be paid to the member's beneficiary. Sec. 22.3 -51. Occupational disability retirement allowance. (a) Eligibility. Upon the application of a member in service or the head of such member's department, any member who has been totally and permanently incapacitated for duty as a natural and proximate result of an accident occurring while in the actual performance of duty at some definite time and place without willful negligence on his part may be retired by the board on an occupational disability retirement allowance not more than one (1) year after the filing of such application; provided that the board's medical examiner or examiners shall certify after medical examination (i) that such member is mentally or physically totally incapacitated for the further performance of any gainful employment for which the member is qualified with his most recent participating employers, (ii) that such incapacity is the natural and proximate result of an accident occurring while in the actual performance of duty, and (iii) that such incapacity is likely to be permanent. (b) Amount of benefit. The occupational disability retirement allowance shall be equal to sixty -six and two- thirds (66213) percent of a member's average final compensation. This benefit shall be reduced by workers' compensation benefits as provided for in section 22.3 -53. This benefit shall not be reduced due to payment commencing prior to normal retirement age. (c) The occupational disability retirement allowance of a hybrid member shall be determined on the same basis as described in (b) above, except that the disability retirement allowance of a hybrid member shall be offset by the actuarial equivalent of his account in the defined contribution plan as of the effective date of his disability. (d) Should the member die while receiving an occupational disability retirement allowance, any excess accumulated contribution as of the effective date of the members retirement, over the total retirement allowance previously received by him will be paid to the member's beneficiary. �. EM Sec. 22.3 -52. Application for workers' compensation benefits required. As a condition precedent to application for an occupational disability benefit from the city plan, a member must first apply for workers' compensation benefits and be awarded such benefits. Receipt of an award under the workers' compensation act shall not relieve an applicant of the duty to prove his qualification for a benefit under the standards established by this chapter for the city plan. Sec. 22.3 -53. Workers' compensation benefits offset against retirement benefits. (a) Any amounts which may be paid or payable under the provisions of the Virginia Workers' Compensation Act or any similar law to any member or beneficiary, or to the dependents of any member or beneficiary, on account of any injury, occupational disease or disability or incapacity, total or partial, or death shall in such manner as the board shall determine, be offset against and payable in lieu of any benefits payable out of funds provided under the provisions of the city plan. (b) In the case of a member, beneficiary or dependent of a member or beneficiary who elects to receive a lump sum settlement in lieu of periodic payments for temporary disability or death compensable under the Virginia Workers' Compensation _ Act, the retirement allowance shall cease or be reduced, as the case may be. The amount of reduction shall be determined by the workers' compensation benefit which such person would have received had the lump sum settlement not been consummated, including all cost of living adjustments permitted by the Virginia Workers' Compensation Commission, and had such person received periodic payments for disability or death for the maximum amount of time otherwise permitted under the Virginia Workers' Compensation Act. The reduction shall continue each month for a period of months, until such time as the total amount of periodic payments for disability or death payable to such person under the Virginia Workers' Compensation Act would have been offset had the lump sum settlement not been consummated. (c) The above notwithstanding, no amount paid or payable under the provisions of the Virginia Workers' Compensation Act, or any similar law to any member or beneficiary, or to the dependents of any member or beneficiary, on account of permanent partial disability from any injury shall be offset against any benefits payable out of funds under the provisions of the city plan. I I Sec. 22.3 -54. Presumptions applicable to death or disability of firefighters and Police officers. The policies, presumptions and procedures established by section 27 -40.1, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any firefighter caused by respiratory disease, hypertension or heart disease, and by section 51 -122, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any deputized police officer of the police department caused by hypertension or heart disease, are hereby incorporated by reference and shall be applicable in the case of any application filed by any firefighter or any deputized police officer of the police department or any survivor thereof for occupational disability retirement allowance or occupational death benefit under the employees'supplemental retirement system or the employees'retirement system. Sec. 22.3 -55. Periodic medical examination of beneficiaries retired on account of disability. Once each year during the first five (5) years following the retirement of a member on a non - occupational or an occupational disability retirement allowance, and once in every three -year period thereafter, the board may require any disability beneficiary to undergo a medical examination if he has not yet attained his normal retirement age. Such examination shall be made by a medical examiner at the examiner's office during normal business hours. For this purpose, the secretary - treasurer shall select a medical examiner or examiners who are located within a reasonable proximity of the member's place of residence. Should any disability beneficiary refuse to submit to such medical examination, his retirement allowance may be discontinued by the board until his withdrawal of such refusal, and should his refusal continue for one (1) year, all his rights in and to his pension may be revoked by the board. Sec. 22.3 -56. Modification of disability retirement allowances. (a) Should the board find that any disability beneficiary is engaged in or is able to engage in a gainful occupation paying more than the difference between his pension and his average final compensation adjusted pursuant to any applicable amendments to the ranges of the participating employer's pay plan subsequent to the member's retirement, the board shall reduce the amount which, together with the amount earnable by him, shall equal the amount of his average final compensation adjusted as provided above. Should the earning capacity of such beneficiary from any gainful occupation be later changed, the amount of his pension may be further modified in a like manner. _ 485 (b) The board or the secretary- treasurer of the city plan, upon the authority of the board, shall be authorized to make such inquiries of persons who are disability beneficiaries under the city plan as are necessary to determine whether any such person is engaged or is able to engage in a gainful occupation paying more than the difference between his pension and his average final compensation increased by the average cost of living allowances to city employees. Such inquiries shall be answered under oath. Any disability beneficiary may also be required to produce copies of tax returns and tax withholding forms (W -2s) to establish income. If any disability beneficiary should refuse or fail to provide the information required by this section, the board shall be authorized to terminate such person's benefits until compliance is achieved. ARTICLE IX. PAYMENT OF BENEFITS DIVISION 1. GENERAL Sec. 22.3 -57. Form of payment of benefits. All annuity payments shall be made on a monthly basis. The board of trustees shall establish all required administrative procedures needed to accomplish such monthly payments. Sec. 22.3 -58. Lump sums. (a) The board may set a dollar amount for a monthly benefit that shall be paid in the form of a lump sum. Except as provided in subsection (c), monthly benefits of more than the amount determined by the board shall not be paid in the form of a lump sum. Notwithstanding the above, monthly benefits whose lump sum value is above the amount as shall be from time to time established by Section 411(a)(11), Internal Revenue Code of 1986, as amended, shall require member consent before a lump sum is paid. Any beneficiary shall be required to receive a lump sum distribution of the amount as shall be from time to time established by Section 411(a)(11), Internal Revenue Code of 1986, as amended, or less. (b) All lump sums shall be based on the applicable interest rate and mortality table as defined in Section 417(e) of the Internal Revenue Code of 1986, as amended, effective on the first day of the calendar year in which payment is made. (c) Upon the written agreement of the employee and the secretary- treasurer of the city plan, monthly benefits payable to a member who is retired on a disability retirement allowance may be paid in the form of a lump sum by purchase of one (1) or more annuities or a combination of lump sum and annuity payments. 486 Sec-22.3-59. Rollover of lump sum distributions. Effective January 1, 1993, notwithstanding anything to the contrary in this article, but subject to any de minimis or other exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, any prospective recipient (whether a member, a surviving spouse, a current or former spouse who is an alternate payee under an approved domestic relations order or any other person eligible to make a rollover) of a distribution from the city plan which constitutes an "eligible rollover distribution" (to the extent otherwise includible in the recipient's gross income) may direct the board to pay the distribution directly to an "eligible retirement plan ". For purposes hereof, the following terms have the meanings assigned to them in Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, and, to the extent not inconsistent therewith, shall have the following meanings: (a) The term "eligible retirement plan "means a defined contribution plan which is either an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended (other than an endowment contract), an annuity plan described in Section 403(a) of the Internal Revenue Code of 1986, as amended, or a qualified trust described in Section 401(a) of the Internal Revenue Code of 1986, as amended, that accepts the prospective recipient's eligible rollover distribution. For distributions made before January 1, 2002, in the case of an eligible rollover distribution payable to a member's surviving spouse, an "eligible retirement plan" means only an individual retirement account or individual ... retirement annuity. Effective for distributions made after December 31, 2001, an eligible retirement plan shall also mean an annuity contract described in Section 403(b) of the Code and an eligible plan under Section 457(b) of the Code which is maintained by a state, political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state and which agrees to account separately for amounts transferred into such plan from this Plan. Effective for distributions made after December 31, 2001, the definition of eligible retirement plan applicable to a member shall also apply in the case of a distribution to a member's surviving spouse and to a member's spouse or former spouse who is the alternate payee under an approved domestic relations order. Effective for distributions made after December 31, 2007, an "eligible retirement plan" includes an individual retirement plan described in section 408A of the Internal Revenue Code of 1986, as amended (sometimes referred to as a Roth IRA) provided that for tax years beginning before January 1, 2010, the recipient does not have modified adjusted gross income in excess of $100,000.00 and is not married filing a separate return, both as determined under Section 408A(c)(3)(B) of the Internal Revenue Code of 1986, as amended. For distributions made in Plan Years beginning on or after January 1, 2010, in the case of an eligible rollover distribution payable to a non - spouse beneficiary within the meaning of Section 401(a)(9)(E) of the Internal Revenue Code of 1986, as amended, an "eligible retirement plan" means only .. an "inherited IRA ". I O (b) The term "eligible rollover distribution" means any distribution other than. (1) A distribution which is one of a series of substantially equal periodic payments (not less frequently than annually) made either for the life (or life expectancy) of the recipient or the joint lives (or joint life expectancies) of the recipient and his beneficiary who is an individual or for a specified period of ten (10) or more years, (2) A distribution to the extent it is required under the minimum distribution requirement of Section 401(a)(9) of the Internal Revenue Code of 1986, as amended, (3) Any other amount which is not considered an eligible rollover distribution for purposes of Section 402(c)(4) of the Internal Revenue Code of 1986, as amended with respect to the Plan. (c) The term "inherited IRA" means an individual retirement account described in Section 408(a) of the Internal Revenue Code of 1986, as amended, an individual retirement annuity described in Section 408(b) of the Internal Revenue Code of 1986, as amended (other than an endowment contract) or, for plan years beginning in or after 2010, an individual retirement plan described in section 408A of the Internal Revenue Code of 1986, as amended (sometimes referred to as a Roth IRA) established for the purpose of receiving the distribution where the individual retirement account or annuity or Roth IRA is treated as an inherited individual retirement account or annuity within the meaning of Section 408(d)(3)(C) or, as applicable, Section 409A(d)(3)(B) of the Internal Revenue Code of 1986, as amended. Any such direction shall be filed with the board in such form and at such time as the board may require and shall adequately specify the eligible retirement plan to which the payment shall be made. The board shall make payment as directed only if the proposed transferee plan will accept the payment. Any such plan to plan transfer shall be considered a distribution option under this plan and shall be subject to all the usual distribution rules of the city plan (including but not limited to the requirement of an advance explanation of the option). The board is authorized in its discretion, on a uniform and non - discriminatory basis, to apply any discretionary de minimis or other discretionary exceptions or limitations provided for under Section 401(a)(31) of the Internal Revenue Code of 1986, as amended, in effecting or declining to affect plan to plan transfers hereunder. Within a reasonable time (generally not more than ninety (90) nor less than thirty (30) days) before the benefit payment date of a prospective recipient of an eligible rollover distribution from the plan, the board shall provide the prospective recipient with a written explanation of the rollover and tax rules required by Section 402(f) of the Internal Revenue Code of 1986, as amended. If a refund is paid pursuant to section 22.3 -62.1 that exceeds $1,000.00 and the member has not attained the later of his normal retirement age or the age of sixty -two (62), the refund shall be made by the board's paying the distribution directly to an "eligible retirement plan" which is an individual retirement plan in a direct rollover to the individual retirement plan on behalf of the member (an "automatic rollover'), un less the member requests in writing that the distribution be made directly to him (as opposed to a rollover to an "eligible retirement plan') or directs in writing that the distribution be made to a specified "eligible retirement plan" or plans. The automatic rollover shall be made to an individual retirement plans that satisfies the safe harbor therefore Section 51.1- 124.30.F of the Code of Virginia, and such provisions shall be interpreted and administered in accordance therewith. Sec-22.3-60. Permissible changes to optional forms of payment. A retired member who has elected an option described in section 22.3 -62 or section 22.3 -63 may, in a manner prescribed by the board, revoke such election and elect to receive from the time of notification the retirement allowance to which he would have been entitled had no option been elected initially and no cost of living increases been granted in the interim, if (a) the original survivor has died or (b) a final decree of divorce of the retired member from the original survivor has been entered which releases both the member and the city plan from any liability to or obligation of the city plan to make any payments to the original survivor. Sec. 22.3 -61. Retirement supplement Any member of the city plan who is an employee of a participating employer (not including employees of the City of Roanoke School Board), and who retires or who has retired after earning twenty (20) or more years of creditable service, but prior to attaining the age of sixty -five (65), shall be paid a monthly supplement of the greater of one hundred fifty -nine ($159.00) or an amount equal to seventy -five percent (75%) of the amount the City of Roanoke contributes monthly toward the cost of a single active employee's health insurance, as such contribution may be changed from time to time, commencing with the first month of retirement and terminating with the month in which the member attains age sixty -five (65). This supplement shall not be subject to any cost of living adjustment which may be provided under the city plan. This supplement shall be a personal benefit applicable to an eligible member only without any right of survivorship. Upon the death of a member who is receiving such benefit, the monthly payment shall be made for the month of such member's death and shall terminate with the next succeeding month. This benefit shall not be applicable to retirees receiving the early retirement incentive plan supplement granted in 1991. Notwithstanding, the retirement supplement shall not be paid to a person who became a member after June 30, 2013, as defined in Section 22.3 -26.1. In addition, the board shall permit other �+ members to make an irrevocable election to forego entitlement to the supplement under procedures established by the board. ,,, _ 489 Sec. 22.3 -61.1. Post retirement cost of living supplement. In addition to the allowance paid under this chapter, a post retirement cost of living supplement shall be paid to the recipient of a retirement allowance which began before June 30, 2014 or to the recipient of a retirement allowance which begins after June 30, 2014, but only if the member completed at least fifteen (15) years of creditable service prior to such retirement and has been receiving a retirement allowance for at least one year. The amount of the cost of living supplement shall be determined annually as a percent of the allowance in the amount of 213rds of the increase in the United States Average Consumer Price Index for all items, all urban Consumers (CPI - U). Notwithstanding, the percentage increase for any one year shall not exceed the lesser of four percent (4%) or the pay raise awarded generally to active employees. City council may revise the formula and or eliminate the cost of living supplement at any time applicable to future supplements. DIVISION 2. ESRS Sec. 22.3.62. Optional spousal allowance. Until the effective date of retirement, any member may elect to convert the retirement allowance otherwise payable to him into an optional spousal allowance of equivalent actuarial value in accordance with one (1) of the optional forms set out below. If an optional spousal allowance is selected and the spouse dies before the member, the member's pension shall, as of the first day of the next month after the death of the member's spouse, be increased by an amount equal to the amount by which the pension was reduced at the date of retirement by virtue of the member's election of a spousal allowance. The member's spouse, if any, shall be required to sign the election form designated by the board, when the member applies for retirement. A spouse must be married to the member at retirement and one (1) year prior to death of the member or retired member to be eligible for a spousal allowance. The spousal allowance shall continue until the death of the spouse. Except as provided in section 22.3 -60, a member's election of an optional spousal allowance shall be irrevocable. A spousal benefit shall be reduced by any workers' compensation benefit as provided for in section 22.3 -53. The optional forms are as follows: Option 1: A reduced retirement allowance payable during the life of the retired member, with the provisions that upon his death his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledgeable and filed with the board at the time of his retirement (the joint and one hundred (100) percent % spouse survivor option), or I • , Option 2: A reduced retirement allowance payable during the life of the retired member, with the provision that upon his death three - quarters (314) of his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledged and filed with the board at the time of his retirement (the joint and seventy -five (75) percent spouse survivor option); or Option 3: A reduced retirement allowance payable during the life of the retired member, with the provision that upon his death one -half (172) of his reduced retirement allowance shall be continued and paid to his spouse as he shall have nominated by written designation duly acknowledged and filed with the board at the time of his retirement (the joint and fifty (50) percent spouse survivor option) The actuarial factors used to convert normal form of payment (single life annuity payable monthly) to an optional form of payment are set forth in the administrative procedures manual maintained by the board. Such tables shall comply with the requirements of section 401(a)(9) of the Internal Revenue Code. Should such member die within thirty (30) days after retirement, his optional election shall not be effective, he shall be considered a member in service at the time of his death, and the only benefit payable on his account shall be the non - occupational death benefit provided in section 22.3 -67 reduced by any retirement allowance payments -w received by him prior to his death. Should the member die while receiving a retirement allowance under a form of payment with no spouse survivor option, any excess accumulated contributions as of the effective date of the member's retirement, over the total retirement allowance previously received by him shall be paid to the member's beneficiary as soon as soon as administratively practical following the member's death. Should the spouse survivor of a member die while receiving a retirement allowance under a form of payment with a spouse survivor, any excess accumulated contributions as of the effective date of the member's retirement, over the total retirement allowance previously received by the member and the spouse survivor shall be paid to the spouse survivor's estate as soon as soon as administratively practical following the spouse's death. Sec. 22.3.62.1. Refund of accumulated contributions before retirement. (a) Any member who has five or more years of creditable service, who ceases to be a member other than by death or retirement may request and receive a refund of the balance in the member's contribution account reduced by the amount of any retirement allowance previously received by him under the provisions of this article. ^^ 491 (b) Any member who has less than five years of creditable service who ceases to be an employee other than by death shall be paid the balance in the member's contribution account in a mandatory cash -out as soon as administratively practical following his ceasing to be employed by a participating employer. (c) Any member who receives a refund shall no longer be entitled to any benefits attributable to his service after June 30, 2014. Such member shall be treated as if he had terminated employment on June 30, 2014 for purposes of determining any other benefits under the plan. DIVISION 3. ERS Sec. 22.3 -63. Optional or modified retirement allowance Until the effective date of retirement, any member may elect to convert the retirement allowance otherwise payable to him into a modified retirement allowance of equivalent actuarial value in accordance with one (1) of the optional forms set out below. If a modified retirement allowance is selected and the beneficiary dies before the member, the member's pension allowance shall, as of the first day of the next month after the death of the member's beneficiary, be increased by an amount equal to the amount by which the pension was reduced at the date of retirement by virtue of the member's election of a modified retirement allowance. A modified retirement allowance shall continue until the death of the beneficiary. Except as provided in section 22.3 -60, a member's election of a modified retirement allowance shall be irrevocable. The optional forms are as follows: Option 1: A reduced retirement allowable payable during the life of the retired member, with the provision that upon his death his reduced retirement allowance shall be continued throughout the life of and paid to such person as he shall have nominated by written designation duly acknowledgeable and filed with the board at the time of his retirement (the joint and one hundred (100) percent survivor option); or Option 2: A reduced retirement allowance payable during the life of the retired member, with the provisions that upon his death one -half (1 12) of his reduced retirement allowance shall be continued throughout the life of and paid to such person as he shall have nominated by written designation duly acknowledged and filed with the board at the time of his retirement (the joint and fifty (50) percent survivor option); or 492 Option 3: A reduced retirement allowance payable during the life of the retired member, with the provisions that, upon his death, some other benefit shall be payable; Provided, that the total value of the allowance during his life and the succeeding benefit shall be computed to be of equivalent actuarial value to the retirement allowance which he would receive without optional modification; provided further that the benefit shall be approved by the board (the joint and x percent survivor option). The actuarial factors used to convert to an option form of payment are set forth in the administrative procedures manual maintained by the board. Should such member die within thirty (30) days after retirement, his optional election shall not be effective, he shall be considered a member in service at the time of his death, and the only benefit payable on his account shall be the non - occupational death benefit provided in section 22.3 -70 reduced by any retirement allowance payments received by him prior to his death. Notwithstanding anything herein to the contrary, the distribution options available to members shall be limited by the following restrictions: (a) The present value of payments made to the member must be more than fifty (50) percent of the present value of the total payments to be made to the member and his beneficiary (based on the life expectancies as of the date benefits commence). (b) Benefits will be distributed commencing not later than such taxable year: y 1. Over the life of such member or over the lives of such member and his spouse; or 2. Over a period not extending beyond the life expectancy of such member or the life expectancy of such member and his spouse. (c) if a member dies before his entire interest has been distributed to him, or distribution has been commenced in accordance with subsection (b)2. above to his surviving spouse and such surviving spouse dies before his entire interest has been distributed to such surviving spouse, then his entire interest will be distributed within five (5) years after his death (or the death of his spouse). The preceding sentence shall not apply to term certain distributions. With respect to distributions beginning in calendar years beginning on or after January 1, 2002, the plan will apply the minimum distribution requirements of Section 401(a)(9) of the Internal Revenue Code and described in this section, in accordance with the regulations under Section 401(a)(9) of the Internal Revenue Code that were proposed on January 17, 2001. 493 p ARTICLEX. DEATHBENEFITS DIVISION 1. GENERAL Sec. 22.3 -64. Application for workers' compensation benefits required. As a condition precedent to application for an occupational death benefit from the city plan, a member's beneficiary must first apply for workers' compensation death benefits and be awarded such benefits. Receipt of an award under the workers' compensation act shall not relieve an applicant of the duty to prove his qualification for a benefit under the standards established by this chapter for the city plan. Sec. 22.3 -65. Workers' compensation benefits offset against death benefits. (a) Any amounts which may be paid or payable under the provisions of the Virginia Workers' Compensation Act or any similar law to any member or beneficiary, or to the dependents of any member or beneficiary, on account of death shall in such manner as the board shall determine, be offset against and payable in lieu of any benefits payable out of funds provided under the provisions of the city plan. (b) In the case of a member, beneficiary or dependent of a member or beneficiary who elects to receive a lump sum settlement in lieu of periodic payments for temporary disability or death compensable under the Virginia Workers' Compensation ` Act, the retirement allowance shall cease or be reduced, as the case may be. The amount of reduction shall be determined by the workers' compensation benefit which such person would have received had the lump sum settlement not been consummated, including all cost of living adjustments permitted by the Virginia Workers' Compensation Commission, and had such person received periodic payments for disability or death for the maximum amount of time otherwise permitted under the Virginia Workers' Compensation Act. The reduction shall continue each month for a period of months, until such time as the total amount of periodic payments for disability or death payable to such person under the Virginia Workers' Compensation Act would have been offset had the lump sum settlement not been consummated. However, in the event a member dies after electing to receive a lump sum settlement in lieu of periodic payments for temporary disability compensable under the Virginia Workers' Compensation Act, the death benefit payable to a beneficiary or dependent of a beneficiary shall be offset only to the extent the amount of the lump sum settlement in lieu of periodic payments for temporary disability compensable under the Virginia Workers' Compensation Act has not already been offset by any benefits payable out of funds provided under the provisions of the city plan. I • I (c) The above notwithstanding, no amount paid or payable under the provisions of the Virginia Workers' Compensation Act, or any similar law to any member or beneficiary, or to the dependents of any member or beneficiary, on account of permanent partial disability from any injury shall not be offset against any benefits payable out of funds under the provisions of the city plan. Sec. 22.3 -66. Presumptions applicable to death or disability of firefighters and police officers. The policies, presumptions and procedures established by section 27 -40.1, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any firefighter caused by respiratory disease, hypertension or heart disease, and by section 51 -122, Code of Virginia (1950), as amended, with respect to death of, or any condition or impairment of health, of any deputized police officer of the police department caused by hypertension or heart disease, are hereby incorporated by reference and shall be applicable in the case of any application filed by any firefighter or any deputized police officer of the police department or any survivor thereof for occupational disability retirement allowance or occupational death benefit under the employees'supplemental retirement system or the employees'retirement system. DIVISION 2. ESRS ^ Sec. 22.3 -67. Non - occupational death benefit (a) Should a member die in service before completing at least ten (10) years Of creditable service, the member's beneficiary shall receive a refund of the ba lance in the member's contribution account as soon as administratively practical following the member's death. (b) Eligibility. Upon the receipt of proof, satisfactory to the board, of the death of an active member with ten (10) or more years of creditable service which was not the result of an accident in the actual performance of duty, as defined in section 22.3 -68, a non - occupational death benefit shall be paid to such person's lawful spouse as of the date of death and with whom he has been married for least one (1) year at date of death, if any. (c) Benefit. The non - occupational death benefit shall be an annuity benefit equal to fifty (50) percent of his accrued benefit on his date of death (but not reduced by any early payment reduction factor). The benefit shall commence on the day next following death. If the surviving spouse is more than sixty (60) months younger than the member the benefit shall be reduced by one -sixth of one (1) percent for each full month in excess of sixty (60) months. ,..� 495 . (d) The non - occupational death benefit of a hybrid member shall be computed as a service retirement allowance on the same basis as described in (c) above except that the accrued benefit on the date of death shall be determined using a multiplier 2.0% instead of the 1.0% applicable to a hybrid member. The non - occupational death benefit of a hybrid member shall be offset by the actuarial equivalent of his account in the defined contribution plan as of the date of his death. (e) Should the surviving spouse die while receiving the annuity benefit described in (c) or (d), any excess accumulated contributions as of the date of the member's death, over the total annuity benefit previously received by the surviving spouse shall be paid to the surviving spouse's estate as soon as administratively practical following the spouse's death. Sec. 22.3 -68. Occupational death benefit. (a) Eligibility. If, upon the receipt of proof, satisfactory to the board, of the death of a member in service indicating that such death was the natural and proximate result of an accident, occurring while the member was in the actual performance of duty, the board shall decide that death was the result of an accident in the actual performance of duty occurring at some definite time and place, and not caused by willful negligence on the part of the member, there shall be paid the following benefit, in lieu of any benefit payable under the provisions of section 22.3 -67. (b) Benefits. The occupational death benefit shall be a pension one -half (112) of his average final compensation payable to his spouse, if any, to continue until death; or if there is no spouse at date of the member's death, then to his child or children under age eighteen (18), if he leaves children, divided in such manner as the board, in its discretion, shall determine, to continue as a joint and survivorship pension for the benefit of the child or children under said age until every child dies or attains said age. This benefit shall be reduced by workers' compensation benefits as provided in section 22.3 -65. (c) The occupational death benefit of a hybrid member shall be computed on the same basis as described in (b) above. The occupational death benefit of a hybrid member shall be offset by the actuarial equivalent of his account in the defined contribution plan as of the date of his death. (d) Should the member's surviving spouse and or children receiving an allowance payable under the provisions set forth above die, any excess balance in the member's contribution account as of the date of the member's death, over the total survivor allowance paid to the surviving spouse and or children shall be paid to the estate of the last surviving spouse or child as soon as administratively practical following the last survivor's death. M DIVISION 3. ERS Sec. 22.3 -69. Pensions to spouses of retired members or members eligible to retire. Upon the receipt of proof, satisfactory to the board, (i) of the death, on or after July 1, 1973, of a member in active service after the completion of twenty (20) or more years of creditable service or after the attainment of age sixty (60), or (ii) of the death of a member who retired on or after July 1, 1973, or of the death of a former member in receipt of a vested allowance pursuant to section 22.3 -49, a pension shall be payable to the surviving spouse, commencing on the day next following the date of death of the member, retired member or former member in receipt of a vested allowance and ceasing upon the death of the spouse; provided, that the spouse was married to the retired member or former member at the time that payment of his benefit commenced; that the spouse was married to the member, retired member or former member for at least one (1) year prior to his death; and that the member, retired member or former member had not made an optional election under section 22.3 -63 which was in full force and effect. The amount of the pension shall be one -half ( 112) of the retirement allowance or vested allowance to which the member was entitled or would have been entitled had he retired at the time of death under the provisions of section 22.3 -48, or under the provisions of section 22.3 -47; provided, however, that if the surviving spouse is more than sixty (60) months younger than the member, the benefit will be reduced by one -sixth ( 116) of one (1) percent for each full month in excess of sixty (60) months. A spousal benefit shall be reduced by any workers' compensation benefit as provided for in section 22.3 -65. Sec. 22.3 -70. Non - occupational death benefit. Upon the receipt of proof, satisfactory to the board, of the death of a member, not an occupational death as defined in section 22.3 -71, there shall be paid to such person, if any, as the member shall have nominated by written designation duly acknowledged and filed with the board otherwise to his estate: If he was in service at the time of his death and had one (1) or more years of creditable service, a lump sum benefit equal to fifty (50) percent of his earnable compensation during the year immediately preceding his death. The benefit shall be reduced by any workers' compensation benefit as provided for in section 22.3 -65. H 497 Sec. 22.3 -71. Occupational death benefit If, upon the receipt of proof, satisfactory to the board, of the death of a member in service indicating that such death was the natural and proximate result of an accident, occurring while the member was in the actual performance of his duty, the board shall determine that the death was the result of an accident during the actual performance of duty occurring at some definite time and place, and not caused by willful negligence on the part of the member, there shall be paid, in lieu of any benefit payable under the provisions of sections 22.3 -70 and 22.3 -71: A pension of one -half ( 112) of his average final compensation payable to his spouse, if any, to continue until death; or if there is no spouse or the spouse dies before the youngest child of the deceased member has attained age eighteen (18), then to his child or children under said age, if he leaves children, divided in such manner as the board, in its discretion, shall determine, to continue as a joint and survivorship pension for the benefit of the child or children under said age until every child dies or attains said age, or if he leaves no spouse or children under the age of eighteen (18) years living at his death, then to his dependent parent or parents, divided in such manner as the board in its discretion shall determine to continue for life; provided, that if he leaves no such beneficiary living at his death, the amount which otherwise would have been paid as a non - occupational death benefit shall be paid. The benefit shall be reduced by any workers' compensation benefit as provided for in section 22.3 -65. ARTICLE XI. MAXIMUM BENEFITS AND OTHER LIMITATIONS AND SPECIAL RULES Sec. 22.3 -72. Limitation on earnable compensation taken into account. Notwithstanding the foregoing, earnable compensation taken into account for purposes of determining benefits under the city plan shall be limited by the compensation limit pursuant to Section 401(a)(17) of the Internal Revenue Code of 1986, as amended. For purposes hereof, the compensation limit, for years beginning on or after July 1, 2001 is two hundred thousand dollars ($200,000.00) (as adjusted in five thousand dollar ($5,000.00) increments from time to time by the adjustment factor described in Section 415 (d) of the Internal Revenue Code of 1986, as amended, on the basis of a base period of the calendar quarter beginning July 1, 2001). In determining average final compensation for periods beginning on or after July 1, 2001, the limit on creditable compensation applied to compensation attributable to periods prior to July 1, 2001 shall be two hundred thousand dollars ($200,000.00). For purposes of applying the limitation applicable to each year, the limit for a plan year shall be the limitation in effect for the calendar year in which the plan year begins determined without increases in the limitation for subsequent years. MOO Sec. 22.3 -73. Limitation on annual benefit and special vesting rules. (a) Notwithstanding any other provisions of this chapter, the annual benefit under the city plan of any member and any related death or other benefit, shall, if necessary, be reduced to the extent required by Section 415(b) of the Internal Revenue Code of 1986, as amended, as adjusted by the Secretary of the Treasury pursuant to Section 415(d) of the Internal Revenue Code of 1986, as amended all as applicable to governmental plans. Notwithstanding the foregoing, adjustments in the dollar limitation under Section 415(b) of the Internal Revenue Code of 1986 shall only be applicable to benefits provided by this plan with respect to a member who is an eligible employee at the time the adjustment is effective. In comparing the plan benefit to the dollar limitation, plan benefits must be converted to an annual benefit (as defined in Section 415 of the Internal Revenue Code of 1986) by, except as provided below, converting a benefit payable in a form other than a straight life annuity to an actuarially equivalent straight life annuity before applying the limitations of this section. The annual benefit does not include any benefits attributable to after -tax employee contributions or the assets transferred from a qualified plan that was not maintained by a participating employer. No actuarial adjustment to the benefit is required for (a) the value of a joint and survivor annuity, (b) the value of benefits that are not directly related to retirement benefits (such as the qualified disability benefit, pre- retirement death benefits, and post - retirement medical benefits), and (c) the value of post- retirement cost -of- living increases made in accordance with Section 415(d) of the Internal Revenue Code of 1986 and Inc. Tax Regs. Section 1.415- 3(c)(2)(iii). Section 415(d) of the Internal Revenue Code of 1986 and the regulations thereunder are hereby incorporated by reference. (b) Notwithstanding any other plan provision to the contrary, for purposes of adjusting any benefit or limitation under Section 415(b)(2)(8), (C), or (D) of the Internal Revenue Code of 1986, the applicable actuarial adjustment factors shall be based on the following assumptions: (1) Mortality according to the table prescribed in Rev. Rut. 2001 -62, the 1994 Group Annuity Reserving Table (94 GAR). Notwithstanding the foregoing, the mortality table used for this purpose shall automatically be the table specified in any future Revenue Rulings or Federal regulations that amend or supersede Revenue Ruling 2001 -62 by specifying a new mortality table for this purpose. (2) Interest at the rate prescribed in Section 415 Internal Revenue Code of 1986 and the regulations and other guidance published thereunder. (c) Notwithstanding any other provisions of this chapter, a member shall be ..� fully vested in his accrued benefit upon the attainment of normal retirement age. • • Sec. 22.3 -74. Military Service. Notwithstanding any provision of this Chapter to the contrary, benefits and service credit with respect to qualified military service will be provided in accordance with section 414(u) of the Internal Revenue Code of 1986, as amended and the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). (a) To the extent not inconsistent with the foregoing, the following special rules shall apply in case of reemployed veterans notwithstanding any other provision of the Plan: (1) A reemployed veteran shall not be considered to have incurred a break in service by reason of his qualified military service. (2) Qualified military service of a reemployed veteran shall be counted as service for vesting under the plan. For periods prior to July 1, 2014, qualified military service shall be counted for benefit accrual purposes and for a hybrid member, qualified military service after June 30, 2014 shall also be counted for benefit accrual purposes. (b) Notwithstanding any other provision of the Plan, in order for the qualified military service after June 30, 2014 to be counted as service for members other than hybrid members, a reemployed veteran shall be entitled to make the member contributions for the period of his qualified military service following his return to the employer's service as follows: (1) Such contributions must be made during the period which begins on the date of reemployment with the participating employer following such qualified military service and ends on the earlier of (A) the reemployed veteran's severance from employment with the participating employer or (13) at the end of the period equal to the lesser of (1) three times the reemployed veteran's period of qualified military service or (II) five (5) years. (2) Earnable compensation to be used for purposes of determining the member contribution and benefit accrual with respect to a period of qualified military service shall mean the earnable compensation (as otherwise defined in the plan but based on rate of pay) which the reemployed veteran would have received but for his qualified military service. If a reemployed veteran's pay is not readily determinable, the reemployed veteran's earnable compensation shall then be his average earnable compensation for the 12 -month period (or actual shorter period of employment) immediately preceding his qualified military service. MIIi7 (3) The board shall adopt procedures relating to the reemployed 1 veteran's right to make member contributions for the period of his - qualified military service following his return to the participating employer's service. (c) To the extent required by USERRA or Section 401(a)(37) of the Code for purposes of determining vesting in accrued benefits and entitlement to death benefits under the plan, in the event a member ceases to be an employee in order to perform qualified military service and dies on or after January 1, 2007 while performing qualified military service, the member's death shall be considered to have occurred while he was an employee and, if he ceased to be an eligible employee in order to perform qualified military service, while he was an eligible employee so that his beneficiaries are entitled to any additional benefits provided under the plan (other than benefit accruals relating to the period of qualified military service un less otherwise expressly provided), including without limitation any additional or enhanced vesting or death benefits, had the member resumed employment with the participating employer and then terminated employment on account of death. (d) For purposes of this paragraph, the following terms have the following meanings: �w 1 "Qualified military service" means any service in the uniformed services (as defined in chapter 43 of title 38, United States Code) by any individual if such individual is entitled to reemployment rights under such chapter with respect to such service and to the Employer. (2) Reemployed veteran" means a person who is or, but for his qualified military service, would have been a member at some time during his qualified military service and who is entitled to the restoration benefits and protections of the USERRA with respect to his qualified military service and the Plan. ARTICLE Xll. POLICE AND FIRE DEPARTMENT PENSION PLAN AS OF DECEMBER 31, 1945 Sec. 22.3 -75. Pensions for members of police and fire departments as of December 31, 1945. Nothing in this Code or the ordinance adopting this Code shall affect the provisions of Chapter 2, Sections 1 through 9, of Title It/ of the Code of the City of Roanoke (1956), as derived from Ordinance Nos. 10457 and 10532, and amended by Ordinance Nos. 13889, 14053, 14550, 14632, 16595, 17858, 19043, 19578, 20387, ^ 23025 and 23221, relating to retirement and pension benefits for members of the police and (ire departments who were so employed on December 31, 1945, and such chapter ,+ 501 �- and the ordinances mentioned herein are hereby recognized as continuing in full force and effect to the same extent as if fully set out at length in this Code. Effective January 1, 1984, the annual pension of each person subject to the provisions of this section shall be increased by that amount, if any, by which such person's pension calculated without reference to the three hundred dollars ($300.00) per month maximum established in Ordinance No. 20387 and Ordinance No. 23025 and without reference to the one hundred dollars ($100.00) per month maximum established in Ordinance No. 23025 exceeds such person's pension calculated as provided in the above - referenced ordinances. ARTICLE Xlll. MEMBER ELECTIONS AND HYBRID PROGRAM Sec. 22.3 -76. Member Elections. A person who becomes a member after June 30, 2014 may make an irrevocable election to participate in the hybrid program maintained pursuant to section 22.3 -77. Such election shall be exercised no later than 60 days from the time of the employee's entry upon the performance of his duties. If an election is not made within such 60 days, such employee shall be deemed to have elected to participate only in the otherwise applicable defined benefit retirement plan established by this chapter and administered by the board and will not be considered a hybrid member. Sec. 22.3 -77. Hybrid Program (a) For purposes of this section the hybrid program means a combination of the otherwise applicable defined benefit plan as applied to a hybrid member and the defined contribution plan established pursuant to section 22.3 -78. (b) For each hybrid member, the employer shall make contributions to the defined benefit component of the program in accordance with section 22.3 -27. (c) An employee participating in the hybrid program shall make mandatory contributions to the defined contribution plan in accordance with section 22.3 -79. 502 ARTICLE XIV — DEFINED CONTRIBUTION PLAN Sec. 22.3 -78. Administration and Investment. (a) The general administration and the responsibility for the proper operation of the defined contribution plan and for making effective the provisions of this Article are hereby vested in the defined contribution board. Each member of the defined contribution board shall discharge his duties solely in the interest of the participants in the defined contribution plan with the care, skill, prudence, and diligence of a prudent man acting in like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. (b) The defined contribution board shall be appointed by City Council and shall consist of five (5) members as follows: the City Manager, ex- officio; a member designated by the city manager; the Director of Finance ex- officio, a member designated by the director of finance; and the Director of Human Resources ex- officio. (c) The Director of Finance shall be the chief administrative officer of the defined contribution plan. The defined contribution board shall develop policies and procedures for the administration of the defined contribution plan and shall maintain the plan as a tax qualified plan under Section 401(a) of the Internal Revenue Code of 1986, as amended. The board may contract with third parties to provide investment advisory and administrative recordkeeping services for such plan. (d) The defined contribution board shall create a trust or other special fund for the segregation of the funds or assets resulting from contribution made to the defined contribution plan. (e) The defined contribution board shall develop an investment policy and provide a broad array of investment options into which participants in the defined contribution plan may direct the invest of their accounts. (t) If a participant in the defined contribution plan exercises or fails to exercise discretion and over the assets in his account, neither the city, its employees, nor the members of the defined contribution board whose actions are within the standard of care in subsection (a) shall be held personally liable for losses suffered by the participant. (g) The provisions of sections 22.3 -9 — 15; 22.3 -16 -17 and 22.3 -22 -26 shall apply to the defined contribution board. 503 Sec. 22.3 -79. Establishment of Defined Contribution Plan (a) The defined contribution board shall establish and maintain a defined contribution plan, and any participating employer is authorized to make contributions to such plan for the benefit of its employees electing to be hybrid members. (b) An employee participating in the hybrid program maintained under the section shall pursuant to procedures established by the retirement system, make mandatory contributions to the defined contribution plan established under this section in the amount of 5% of earnable compensation. Such contributions shall be pick -up by the city on a salary reduction basis in accordance with section 414(h) of the Internal Revenue Code of 1986 as amended. Any other participating employer shall "pick -up" the employee contributions either in lieu of future salary increases or by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis, as indicated by such participating employer in the authorization passed by its governing body. Each employee making the election to be a hybrid member shall be deemed to consent to and agree to any salary reduction for purposes of the member contribution. (c) Employee contributions to the defined contribution plan shall be vested and non - forfeitable at all times. (d) Employees may direct the investment of contributions made to the defined contribution plan. (e) No loans or hardship distributions shall be available under the defined contribution plan. (f) Other terms of the defined contribution plan shall be set forth in the plan document adopted by the defined contribution board. Such document shall meet the requirements for tax qualification under Section 401(a) of the Internal Revenue Code of 1986, as amended and may be amended from time to time by the Defined Contribution Board in order to comply with applicable law. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 61112 4. This ordinance shall be in full force and effect on and after July 16, 2012. APPROVED /A��T-L/TEEST: �•y� yy-� SteOph//anie M. Moon, MMC I Davi 6 City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of July, 2012. No. 39451 - 071612. A RESOLUTION memorializing the late John Robert "Bob" Slaughter, a longtime resident of the City of Roanoke and a D -Day veteran. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Slaughter on May 29, 2012; WHEREAS, Mr. Slaughter was born February 3, 1925, in Bristol, Tenn., to John Washington and Vera Hunter Slaughter; WHEREAS, in 1937, Mr. Slaughter's family moved to Roanoke where his father worked at a lumber supply company; WHEREAS, when he was 15 years old, Mr. Slaughter left high school to join the Virginia Army National Guard; WHEREAS, Mr. Slaughter served as a sergeant and squad leader in Company D, 116th Infantry Regiment, 29th Division; WHEREAS, in 1944, Mr. Slaughter waded ashore with the U.S. troops at Omaha Beach on June 6, to fight in the D -Day offensive; WHEREAS, Mr. Slaughter was wounded twice while in France and was discharged from the military in July 1945, at which point he returned to his home in Roanoke; 505 WHEREAS, upon returning home, attended Virginia Western Community College and earned an Associate's degree; WHEREAS, in 1947, Mr. Slaughter married Margaret Leftwich; WHEREAS, Mr. Slaughter had a long and successful career with The Roanoke Times and World News, from which he retired in 1987; WHEREAS, Mr. Slaughter was a role model to his sons and many young men in the Roanoke area, serving as a successful baseball coach for the Heights Club; WHEREAS, Mr. Slaughter was an active member of 29th Infantry Division Association - Post 64; WHEREAS, in an effort to honor those who lost their lives on D -Day, Mr. Slaughter began pursuing the idea of creating a D -Day Memorial; WHEREAS, in 1987, Mr. Slaughter, along with several other supporters, formed a committee to raise money and search for an appropriate location for a small D -Day memorial; WHEREAS, Bedford City officials agreed to donate 11 acres of land to the D -Day Foundation for the site of the proposed memorial and an additional 77 acres was purchased by the Foundation to protect the site from further development; WHEREAS, on June 6, 1994, the 50th anniversary of D -Day, Mr. Slaughter was honored to walk Omaha Beach with President Bill Clinton; WHEREAS, on Veterans Day 1994, the location of the D -Day Memorial was officially announced as Bedford, Virginia; WHEREAS, on June 6, 2001, the D -Day Memorial in Bedford was dedicated by President George W. Bush, fulfilling Mr. Slaughter's dream; WHEREAS, Mr. Slaughter brought the same energy, tenacity, and drive to the creation of the D -Day Memorial that he displayed on Omaha Beach, and throughout the war; WHEREAS, Mr. Slaughter wrote Omaha Beach and Beyond, an autobiography, chronicling his wartime experience and the creation of the Memorial; WHEREAS, in 2008, The John Robert Slaughter Youth Learning Center was dedicated at the D -Day Memorial; 506 WHEREAS, with his wife, Margaret, always by his side, Mr. Slaughter was a hero to his family and to those along the way who were blessed to have known him. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of John Robert "Bob" Slaughter, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Slaughter's wife, Margaret Leftwich Slaughter, of Roanoke, Virginia. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16`" day of July, 2012. No. 39452 - 071612. 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 pertaining to properties located at 4129 and 4135 Salem Turnpike, N. W., bearing Official Tax Nos. 6050101 and 6050102, and dispensing with the second reading by title of this ordinance. WHEREAS, Duoc Nguyen and Pho Thi Lam, have filed an application to the Council of the City of Roanoke, Virginia ( "City Council'), to repeal conditions pertaining to properties located at 4129 and 4135 Salem Turnpike, N. W., Official Tax Nos. 6050101 and 6050102; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; 507 WHEREAS, a public hearing was held by City Council on such application at its meeting on July 16, 2012, after due and timely notice thereof as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's 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 conditions pertaining to properties located at 4129 and 4135 Salem Turnpike, N. W., bearing Official Tax Nos. 6050101 and 6050102, as set forth in the Zoning Application dated April 16, 2012. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The properties located at 4129 and 4135 Salem Turnpike, N. W, be repealed as requested in the Zoning Application dated April 16, 2012, and such properties remain CN, Commercial Neighborhood District, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 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: /IStteephanni_e M. Moon, MMC / Da" veers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16`" day of July, 2012. No. 39453-071612. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right -of -way in the City of Roanoke, Virginia, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. M WHEREAS, The Rescue Mission of Roanoke, Incorporated, 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 fight -of- way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on July 16, 2012, after due and timely notice thereof as required by §30 -14, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; WHEREAS, it appearing from the foregoing that the land proprietors affected by the requested closing of the subject 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: Permanently vacate an alley off of 41h Street, S. E., adjacent to Official Tax Nos. 4012110, 4012107, 4012115, 4012116, 4012117, 4012118 and 4012119, for a total area of approximately 7,716 square feet be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to-or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities,such right to include the right to remove, without the payment of compensation F7i1011 or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise be landlocked by the requested closure, or otherwise disposing of the land within the right -of -way to be vacated in a manner consistent with law, retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right -of -way. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court for the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of twelve (12) months from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST, Aql �-b. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 510 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16" day of July, 2012. No. 39454 - 071612. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of two parcels of City -owned property, being approximately 47.892 acres, along Coyner Springs Road, in Botetourt County, Virginia, designated as Botetourt County Official Tax No. 108(9)2, and a portion of Botetourt County Official Tax No. 108(9)1, 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 July 16, 2012, 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. THEREFORE, 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 two parcels of City -owned property, being approximately 47.892 acres, designated as Botetourt County Official Tax No. 108(9)2 and a portion of Botetourt County Official Tax No. 108(9)1, to Ned B. Jeter, II, and Darrell B. Jeter, for the purchase price of $4,000.00 per acre, for a total of $191,568.00 , upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated July 16, 2012. 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: TT Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 511 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of August, 2012. No. 39455-080612. 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 $117,419.00 for Fiscal Year 2012 -2013, such grant being more particularly described in the report to Council dated August 6, 2012. 2. The local cash match for Fiscal Year 2012 -2013 shall be in the amount of $31,891.00. 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: Stephanie M. Moon, MMC / City Clerk David A. Bower` Mayor 512 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of August, 2012. No. 39456-080612. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35 -150- 4554 -1002 $ 100,433.00 City Retirement 35 -150- 4554 -1105 9,678.00 ICMA Retirement 35- 150 - 4554 -1115 3,455.00 FICA 35- 150 - 4554 -1120 7,947.00 Medical Insurance 35 -150- 4554 -1125 16,668.00 Dental Insurance 35- 150 - 4554 -1126 1,017.00 Life Insurance 35- 150 - 4554 -1130 1,195.00 Disability Insurance 35- 150 - 4554 -1131 339.00 Telephone 35- 150- 4554 -2020 812.00 Administrative Supplies 35 -150- 4554 -2030 3,133.00 Dues and Memberships 35- 150 - 4554 -2042 75.00 Training and Development 35- 150- 4554 -2044 2,338.00 Postage 35 -150- 4554 -2160 2,220.00 Revenues Victim Witness FY13 -State 35- 150 - 4554 -4554 117,419.00 Victim Witness FY13 -Local 35- 150 - 4554 -4555 31,891.00 Match 513 Pursuant 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, MMC D avid A. [Towers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of August, 2012. No. 39457 - 080612. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds to the City in the total amount of $2,830,000.00, to be allocated among four Projects; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for the Projects as set forth below, which will require the City to provide matching funds of $2,830,000.00; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds for the four Projects as set forth below. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award of Transportation Revenue Sharing Program Funds in the total amount of 2,830,000.00 to be provided by VDOT for the FY13 time period for the four Projects set forth below, with the City providing local matching funds in the total amount of $2,830,000.00, with such funds to be allocated among the four Projects referred to below, all as more fully set forth in the City Council Agenda Report dated August 6, 2012, to this Council. 2. The four Projects referred to above together with the amount of such VDOT Program Funds to be provided and the City matching funds to be provided are as follows: A. 9`" Street over NS Railway Bridge Rehabilitation in Southeast Roanoke. VDOT Program Funds- $700,000.00 City Matching Funds- $700,000.00 514 B. Pheasant Ridge Road Reconstruction. _. VDOT Program Funds- $130,000.00 City Matching Funds- $130,000.00 C. City -Wide Storm Drain Improvements. VDOT Program Funds- $1,100,000.00 City Matching Funds- $1,100,000.00 D. Roanoke River Greenway Construction for the connection between Roanoke and Salem. (This is for the City's Bridge the Gap section of the Roanoke River Greenway from Bridge Street to Salem) VDOT Program Funds- $900,000.00 City Matching Funds- $900,000.00 (Of the City Matching Funds of $900,000.00, a total of $625,000.00 is being donated by the Roanoke Valley Greenway Commission and the Pathfinders for Greenways, Inc., to be used by the City for this Project for ^ part of the City's required matching funds). 3. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement substantially similar to the one attached to the above Agenda Report to this Council for the above four Projects in connection with the VDOT Program Funds, together with the required City matching funds mentioned above. Such Agreement shall be approved as to form by the City Attorney. 4. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $2,830,000.00 from VDOT, together with $2,830,000.00 in City matching funds, for the above four Projects, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: yy�1 Stephanie M. Moon, MMC Daw A. Bowers City Clerk Mayor . . 515 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of August, 2012. No. 39458- 080612. A RESOLUTION accepting donations of funds from the Roanoke Valley Greenway Commission and the Pathfinders for Greenways, Inc., in the total amount of $625,000.00 to be used for the City's Bridge the Gap section of the Roanoke River Greenway Construction Project to be used as matching funds on behalf of the City in connection with the Virginia Department of Transportation's ( "VDOT ") Transportation Revenue Sharing Program Funds; authorizing the City Manager to execute any necessary documents, provide any information, and to take any necessary actions in order to obtain, accept, receive, implement, administer, and use such funds; and expressing the City's appreciation for such donations. . WHEREAS, the City has received an award of $900,000.00 from VDOT's Transportation Revenue Sharing Program for use for the Roanoke River Greenway Construction Project between Roanoke and Salem, provided that the City will supply matching funds in the amount of $900,000.00; WHEREAS, the Roanoke Valley Greenway Commission and the Pathfinders for Greenways, Inc., have been successful in their campaign to raise funds to assist the City in being able to provide matching funds for such Project and they are donating to the City the total amount of $625,000.00 toward the $900,000.00 needed for the City's matching funds for the Project. The donation amounts consist of $200,624.04 from the Roanoke Valley Greenway Commission and $424,375.96 from the Pathfinders for Greenways, Inc.; and WHEREAS, the City wishes to express its sincere appreciation and gratitude to the Roanoke Valley Greenway Commission and to Pathfinders for Greenways, Inc., for their donations of such funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the donations totaling $625,000.00 from the Roanoke Valley Greenway Commission and Pathfinders for Greenways, Inc., as noted in the City Council Agenda Report dated August 6, 2012, to this Council. 516 2. The City Manager is authorized to execute any necessary documents, provide any information, and to take any necessary actions in order to obtain, accept, receive, implement, administer, and use the donated funds for use as part of the City's matching funds for the Roanoke River Greenway Construction Project as mentioned above and as set forth in the Agenda Report. 3. This Council wishes to express its sincere appreciation and gratitude and that of the citizens of the City of Roanoke to the Roanoke Valley Greenway Commission and to Pathfinders for Greenways, Inc., for their generous donations to the City for improvements to the Roanoke River Greenway Construction Project between Roanoke and Salem. APPROVED ATTEST: t U . a-;,? r� SYQWW ~� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The e day of August , 2012. No. 39459-080612. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Revenue Sharing Program, Roanoke Valley Greenways Commission and Pathfinders for Greenways, Inc., and transfer funding from the Paving Program and Neighborhood Storm Drain Program to the 9' Street S. E. Over NSRW Bridge Rehabilitation, Pheasant Ridge Road Reconstruction, City -wide Storm Drain Improvements, and Roanoke River Greenway projects, amending and reordaining certain sections of the 2012 -2013 General, 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 2012 -2013 General, Capital Projects, and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 517 General Fund Appropriations Transfer to Capital Projects Fund 01- 250 - 9310 -9508 $ 130,000.00 Fees for Professional Services 01 -530- 4120 -2010 (130,000.00) Capital Pro acts Fund Appropriations Appropriated from General Revenue 08- 530 -9534 -9003 130,000.00 Appropriated from State Grant Funds 08 -530- 9534 -9007 130,000.00 Appropriated from State Grant Funds 08 -530- 9734 -9007 1,100,000.00 Appropriated from State Grant Funds 08- 530 - 9964 -9007 700,000.00 Appropriated from General Revenue 08- 620- 9201 -9003 275,000.00 Appropriated from State Grant Funds 08- 620 - 9201 -9007 900,000.00 Appropriated from General Revenue 08- 620 - 9753 -9003 (275,000.00) Revenues Transfer from General Fund 08- 110 - 1234 -1037 130,000.00 VDOT— Pheasant Ridge Road 08 -530- 9534 -9534 130,000.00 VDOT -9th St over NSRW Bridge Rehab 08 -530- 9964 -9964 700,000.00 VDOT— City-Wide Storm Drain Improvement 08- 530 - 9734 -9734 1,100,000.00 VDOT —Rke River Greenway -Bridge the Gap 08- 620 - 9201 -9204 900,000.00 Grant Fund Appropriations Construction -Other 35- 620 - 4368 -9065 $ 625,000.00 Revenues Pathfinders for Greenways FYI 35- 620 - 4368 -4368 424,376.00 Roanoke Valley Greenway Commission FY13 35- 620 - 4368 -4369 200,624.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. - APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 518 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of August, 2012. No. 39460 - 080612. 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. 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 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 $3,451.00, for the term beginning July 1, 2012, through June 30, 2013, to be used for an Intensive Supervision Juvenile Probation Program, as more particularly described in the City Council Agenda Report dated August 6, 2012. 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 as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor �J 519 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of August, 2012. No. 39461-080612. 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 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Wages 35- 630 - 4996 -1002 $37,111.00 Retirement 35- 630 - 4996 -1105 5,789.00 FICA 35- 630 - 4996 -1120 2,839.00 Health Insurance 35- 630 - 4996 -1125 5,292.00 Dental Insurance 35- 630 - 4996 -1126 331.00 Life Insurance 35- 630 - 4996 -1130 476.00 Disability Insurance 35- 630 - 4996 -1131 101.00 Cellular Telephone 35- 630 - 4996 -2021 600.00 Administrative Supplies 35- 630 - 4996 -2030 443.00 Local Mileage 35- 630 - 4996 -2046 549.00 Revenues Intensive Supervision Grant FY13 -State 35- 630 - 4996 -4996 48,748.00 Intensive Supervision Grant FY13 -Local 35- 630 - 4996 -4997 4,783.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 520 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of August, 2012. No. 39462 - 080612. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Family Service of Roanoke 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 $65,000.00, with a local match from the City of $32,500.00, to be provided by Family Service of Roanoke Valley, making a total award of $97,500.00, for the term beginning July 1, 2012, through June 30, 2013, to be expended on the City of Roanoke's Positive Action program, 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 City Council Agenda Report dated August 6, 2012. 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 Roanoke Valley to implement the program. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. owers City Clerk Mayor I iy 521 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of August, 2012. No. 39463 - 080612. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia Department of Criminal Justice Services for the Juvenile Justice and Delinquency Positive Action Grant, amending and reordaining certain sections of the 2012 -2013 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 2012 -2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Revenues Positive Action Grant FY13 35- 630 -5025 -2010 $65,000.00 35- 630 -5025 -5025 65,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Stephanie M. Moon, MIMIC City Clerk APPROVED David A. Bower` Mayor 522 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of August, 2012. No. 39464- 080612. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Carilion Medical Center, dba Carilion Clinic, from the Virginia Department of Criminal Justice Services, 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 under this grant, 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 $31,482.00, with no local match from the City, for the term beginning July 1, 2012 through June 30, 2013, to be expended on the City of Roanoke's Project Back on Track, an evidence based treatment program designed to reduce the substance use related criminal behaviors of juveniles referred by the courts, professionals or schools, in accordance with all the terms, provisions and conditions relating to the receipt of such funds, as more particularly described in the City Council Agenda Report dated August 6, 2012. 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 under this grant. 3. 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 Carilion Medical Center, d/b /a Carilion Clinic, to implement the program. All such documents shall be approved as to form by the City Attorney. 523 4. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6`" day of August, 2012. No. 39465-080612. 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 2012 -2013 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 2012 -2013 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 -5016 -2010 $31,482.00 Revenues Project Back on Track Grant FY13 35- 630 - 5016 -5016 31,482.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: y� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 524 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6"' day of August, 2012. No. 39466- 080612. A RESOLUTION authorizing the City Manager's issuance and execution of an Amendment to the City's contract with AECOM USA, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2011 - 2013); 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 such Amendment 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 an Amendment as may be necessary to the City's contract with AECOM USA, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2011- 2013), all as more fully set forth in the City Council Agenda Report dated August 6, 2012. 2. The form of such Amendment shall be approved by the City Attorney. 3. Such Amendment will provide authorization for additions to the work, with an increase in the amount of the Contract and provided the total amount of such Amendment will not exceed an additional $89,575.00, all as set forth in the above Report. 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 such Amendment to the above mentioned Contract, as well as the Contract itself. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 525 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6 1 day of August, 2012. No. 39467-080612. A RESOLUTION authorizing the City Manager's issuance and execution of an Amendment to the City's contract with Mattern & Craig, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2011- 2013); 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 such Amendment 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 an Amendment as may be necessary to the City's contract with Mattem & Craig, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2011- 2013), all as more fully set forth in the City Council Agenda Report dated August 6, 2012. 2. The form of such Amendment shall be approved by the City Attorney. 3. Such Amendment will provide authorization for additions to the work, with an increase in the amount of the Contract and provided the total amount of such Amendment will not exceed an additional $51,486.30, all as set forth in the above Report. 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 such Amendment to the above mentioned Contract, as well as the Contract itself. APPROVED ATTEST: YJOV� Stephanie M. Moon, MMC City Clerk sDavi A. Bowers Mayor 526 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'" day of August, 2012. No. 39468-080612. AN ORDINANCE authorizing the Commonwealth of Virginia, on behalf of the Virginia Department of Transportation (VDOT), to execute the necessary documents providing for the conveyance of certain operating rights -of -way located in the City of Roanoke, to the City of Roanoke, Virginia, upon certain terms and conditions, and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Commonwealth of Virginia, on behalf of the Virginia Department of Transportation, is hereby authorized, to execute the necessary documents providing for the conveyance of certain operating rights -of -way located along two corridors in the City of Roanoke, Virginia, designated as VDOT Capital Improvement Project 0101 - 128 -102, RW -201 (Hershberger Road: Cove Road to Williamson Road) and VDOT Capital Improvement Project 0220 - 128 -103, RW -201 (Franklin Road: Brandon Avenue to McClanahan Street) to the City of Roanoke, Virginia, for operating and maintenance purposes, as more particularly stated in the City Council Agenda Report dated August 6, 2012. 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: Stephanie M. Moon, M City Clerk David A. Bowers Mayor 527 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'" day of August, 2012. No. 39469- 080612. AN ORDINANCE approving an Amendment No. 1 to a certain Agreement for Purchase and Sale of Real Property with an effective date of March 28, 2012, by and among the City of Roanoke, Virginia, (Seller) and NDRA ll, LLC (Purchaser); 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 Seller and Purchaser entered into a Contract that was dated March 20, 2012, but had an effective date of March 28, 2012, for the Purchase and Sale of Real Property (which was extended by a Letter Agreement dated May 31, 2012,) (collectively the "Agreement ") regarding the Purchaser's buying an approximately 5.310 acre portion of the parcel of land and improvements thereon known as the "Huff Lane School Site" as further referred to in the Agreement, which was authorized by Ordinance No. 39337- 031912; WHEREAS, the Purchaser encountered unexpected development constraints related to the existing condition and location of the Property which will have an impact on the cost to develop the Property as proposed and the parties have agreed to a reduction of the purchase price and the addition of another condition to Section 8 of the Agreement, all as set forth in the City Council Agenda Report dated August 6, 2012, to this Council and as set forth in the proposed Amendment No. 1 attached to such Report; and WHEREAS, City Staff recommends that City Council approve 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 amendments, changes, or modifications to certain terms and provisions of the Agreement between the Seller and the Purchaser, as those items are more fully described in the above mentioned City Council Agenda Report dated August 6, 2012, to this Council and as set forth in the proposed Amendment No. 1 attached to such Report, which includes a reduction in the purchase price from $1,850,000.00 to $1,735,000.00 and the addition of a contingency to Section 8 of the Agreement regarding the acquisition of easements necessary to facilitate the development of the Property. W4001 2. The City Manager is authorized on behalf of the City to execute an Amendment No. 1 to the Agreement between the Seller and Purchaser providing for amendments, changes, or modifications to the terms and provisions of such Agreement, as set forth above. 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 substantially similar to the Amendment No. 1 attached to the above mentioned Report and in a form approved by the City Attorney. 3. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendment No. 1 to the Agreement, and of the Agreement itself. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6m day of August, 2012. No. 39470- 080612. AN ORDINANCE to adopt the second amendment to the 2012 -2013 School Board Categorical Budget, amending and reordaining certain sections of the School General, School Athletics and School Food Service Funds Approprations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012 -2013 School General, School Athletics and School Food Service Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 529 School General Fund Revenues $ 27,415.00 Appropriations 465,333.00 Fund Balance- Unappropriated (437,918.00) School Athletics Fund Revenues 250,000.00 Appropriations 250,000.00 School Food Services Fund Revenues 200,000.00 Appropriations 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: Stephanie M. Moon, MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6"' day of August, 2012. No. 39471- 080612. 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 2012 Annual Conference scheduled for September 23 - 25, 2012, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Sherman Lea is hereby designated Voting Delegate, and The Honorable Anita Price is hereby designated Alternate Voting Delegate. 530 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2012 Annual Conference, Chris Morrill, City Manager, 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: DuyJ Stephanie M. Moon, MMC City Clerk David A. Bowers Mayor 531 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, .. The 20th day of August, 2012. No. 39472-082012. A RESOLUTION memorializing the late Byron Edmund Haner, former Roanoke City Manager and longtime resident of Roanoke; WHEREAS, the members of Council learned with sorrow of the passing of Mr. Haner on Wednesday, June 13, 2012; WHEREAS, Mr. Haner was born in Michigan, the son of the late Carl and Ethel Haner; WHEREAS, Mr. Haner was a graduate of Beaver High School in Bluefield, West Virginia, and the Virginia Tech College of Architecture; WHEREAS, Mr. Haner enlisted in the United States Army Air Forces in January 1942; and spent the duration of World War II as a radio operator in the Air Transport Command; WHEREAS, Mr. Haner was the first American to fly the polar supply route with the Royal Canadian Air Force during World War II; WHEREAS, Mr. Haner returned to Virginia Tech to complete his master's degree in architecture after winning an honorable mention in a design contest judged by Frank Lloyd Wright; WHEREAS, Mr. Haner married the late Ann Shufflebarger of Bluefield, Virginia, in 1947; the couple celebrated their 60th anniversary before she passed away in 2007; WHEREAS, Mr. Haner was living and working in Roanoke with the firm of Stone and Thompson when he was recalled to duty as a second lieutenant and spent a year in Korea; WHEREAS, Mr. Haner elected to stay in the Air Force as a base engineer and missile facilities engineer, serving in Texas, France, Libya, Turkey and California; and before retiring from the Air Force in 1967, he was part of a team that suggested today's Air Force Red Horse Squadrons; WHEREAS, Mr. Haner began his second career in city management as Assistant City Manager of Roanoke; and left in 1972 to become manager of Colonial Heights, then returned to Roanoke in 1973 as City Manager, and finally returned to Colonial ,,,,, Heights as City Manager in 1978 before retiring in 1984; 532 WHEREAS, Mr. Haner was Roanoke's fourth City Manager using techniques he learned in the Air Force to improve local government efficiency; WHEREAS, Mr. Haner supervised the construction of the Roanoke City Municipal Building; WHEREAS, Mr. Haner was an active member of First Presbyterian Church and the Kiwanis Club during his years in Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Byron Edmund Haner, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Haner's two sons, Stephen and Daniel Haner. APPROVED ATTEST: Stephanie M. Moon, MMC y/ Day owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39473-082012. A RESOLUTION authorizing acceptance of the Edward Byrne Justice Assistance Grant (JAG) Program 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: 533 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services, the Edward Byrne Justice Assistance Grant Program in the amount of $67,500.00, with a $7,500.00 local match from the City required, making a total award of $75,000.00, for the term beginning July 1, 2012, through June 30, 2013, to be used to support the Roanoke City Police Department's Drug Market Initiative in the Melrose neighborhood, as more particularly described in the City Council Agenda Report dated August 20, 2012. 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 as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39474-082012. AN ORDINANCE to appropriate funding from the U.S. Department of Justice through the Commonwealth of Virginia Department of Criminal Justice Services for the Edward Byrne Justice Assistance grant, amending and reordaining certain sections of the 2012 - 2013 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 2012 - 2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 534 Appropriations Overtime 35-640-3586-1003 $ 37,158.00 FICA 35-640-3586-1120 2,842.00 Fees for Professional Services 35-640-3586-2010 3,000.00 Administrative Supplies 35-640-3586-2030 2,200.00 Expendable Equipment (< $5,000.00) 35-640-3586-2035 24,870.00 Program Activities 35-640-3586-2066 4,500.00 Postage 35-640-3586-2160 430.00 Revenues Byrne JAG Drug Market Initiative FY13 35-640-3586-3586 67,500.00 Byrne JAG Drug Market Initiative FY13-Local 35-640-3586-3587 7,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: °TTT /dam ��C .r4∎•∎ .� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor �+ IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39475-082012. A RESOLUTION authorizing acceptance of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program from the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Department of Justice, the Edward Byrne Memorial Justice Assistance Grant Program in the amount of $88,418.00, with no local match from the City required, and allocated from the said award the Roanoke City Police Department would receive $53,051.00 to support its bicycle patrol program, and the Roanoke City Sheriff's Department would receive $35,367.00 for radio system upgrades, as more particularly described in the City Council Agenda Report dated August 20, 2012. -� 535 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 as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: �y}I� Stephanie M. k.. David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, • The 20th day of August, 2012. No. 39476-082012. 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 2012 - 2013 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 2012 - 2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Sheriff-Expendable Equipment (<$5,000.00) 35-140-5910-2035 $35,367.00 Police—Overtime 35-640-3624-1003 40,000.00 Police—FICA 35-640-3624-1120 3,060.00 Police-Expendable Equipment (<$5,000.00) 35-640-3624-2035 9,991.00 Revenues Byrne/JAG Sheriff Technology Improve FY13 35-140-5910-5910 35,367.00 Byrne/JAG Police Bike Patrol FY13 35-640-3624-3624 53,051.00 536 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: y� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of August, 2012. No. 39477-082012. A RESOLUTION authorizing the acceptance of two Certified Local Government Grants from the Virginia Department of Historic Resources, and authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any actions necessary to obtain, implement, and administer such grants. 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) two Certified Local Government Grants in the total amount of $9,500.00, with no local matching funds required by the City, such funding to be used for the preparation of two National Register nominations for the Melrose-Rugby Historic and Riverland Historic Districts, and for the survey and boundary expansion of the Downtown Roanoke Historic District, all of which is more particularly set forth in the City Council Report dated August 20, 2012. 2. The City Manager is authorized to execute any necessary documents, including DHR Certified Local Government Grant Agreements, 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 grants. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers ,y City Clerk Mayor 537 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39478-082012. 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 2012 - 2013 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 2012 - 2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services—Melrose- 35-610-8167-2010 $ 7,500.00 Rugby and Riverland Historic Districts Fees for Professional Services-Downtown 35-610-8168-2010 2,000.00 Historic District Revenues Certified Local Government FY13-Melrose- 35-610-8167-8167 7,500.00 Rugby and Riverland Historic Districts Certified Local Government FY13-Downtown 35-610-8168-8168 2,000.00 Historic District Pursuant 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, MMC avid A. Bowers City Clerk Mayor 538 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39479-082012. A RESOLUTION creating a Mini-Arts and Cultural Plan Implementation Grant Program. WHEREAS, the City of Roanoke approved the Arts and Cultural Plan ("Plan') by Ordinance No. 39190-081511 on August 15, 2011, and incorporated such Plan as an element of the City's Comprehensive Plan; WHEREAS, the Plan includes policies encouraging public investment and incentives to foster an innovative and vibrant cultural scene within the City's neighborhoods and educational organizations; and WHEREAS, Section 15.2-953 of the Code of Virginia (1950), as amended, provides that localities may make donations to non-sectarian charitable institutions and associations, and volunteer and nonprofit organizations, that provide services to the residents of the locality or services to beautify and maintain communities or prevent neighborhood deterioration. .� NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as �+ follows: 1. City Council hereby establishes a program of Mini-Arts and Cultural Plan Implementation grants to create collaborative projects that implement policies, strategies and actions in the Arts and Cultural Plan. 2. The City Manager is authorized to administer the Mini-Arts and Cultural Plan Implementation grants on behalf of the City. 3. The terms and conditions of the Mini-Arts Grants shall be substantially as setout in the City Council Agenda Report dated August 20, 2012. 4. The City Manager may award grants of up to $2,500.00, and accept or reject any cash grant, donation or bequest consistent with the City Code. utO 539 5. All forms, applications or documents used in connection with such Mini- ... Arts Grants shall be approved by the City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMC DAY avi"�Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39480-082012. AN ORDINANCE to appropriate funding from the Foundation for Roanoke Valley for the establishment of Arts and Cultural Plan Mini Grants, amending and reordaining certain sections of the 2012-2013 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 2012-2013 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 $6,000.00 Arts and Cultural Plan 01-610-8110-3979 (6,000.00) Grant Fund Appropriations Arts & Cultural Mini Grants 35-610-8169-3992 12,000.00 Revenues Arts & Cultural Mini Grants—Foundation 35-610-8169-8169 6,000.00 For Roanoke Valley Arts & Cultural Mini Grants—Local 35-610-8169-8170 6,000.00 Match 540 Pursuant 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, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39481-082012. AN ORDINANCE to appropriate funding from the Commonwealth for the Project Graduation Summer Academy, amending and reordaining certain sections of the 2012 -2013 School Grant Fund Appropriations, and dispensing with the second reading m+ by title of this ordinance. w BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012-2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplemental Pay— 302-110-0000-1304-309G-61100-41129-3-01 $14,784.00 Forest Park Academy Supplemental Pay— 302-110-0000-0390-309G-61100-41129-3-01 14,784.00 Patrick Henry Revenues State Grant Receipts 302-000-0000-0000-309G-00000-32418-0-00 29,568.00 541 Pursuant 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, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39482-082012. 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, from Residential Mixed Density District, RM-2, to INPUD, Institutional Planned Unit Development District; and dispensing with the second reading by title of this ordinance. WHEREAS, Pastor Antonio Jones, on behalf of Kingdom Harvest Church, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have property located at 2031 Routt Road, N. W., bearing Official Tax Map No. 6440101, rezoned from Residential Mixed Density District, RM-2, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment Application No. 2 dated July 13, 2012; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 20, 2012, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and 542 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, requires the rezoning of the subject property, 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 Map No. 6440101, be, and is hereby rezoned from Residential Mixed Density District, RM-2, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment Application No. 2 dated July 13, 2012. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: a^^;J . no-9 Pn^^".",� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20`h day of August, 2012. No. 39483-082012. 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; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke, Virginia, has filed an application to the Council of the City of Roanoke to repeal Ordinance No. 36213-012103, adopted on January 21, 2003, to the extent that it placed certain conditions on Official Tax No. 3070322, located at 1684 Court land Road, N. E ., and to have the property rezoned from Downtown District (D), with conditions, to Light Industrial District (I-I), for uses permitted in Light Industrial, I-I District, as set forth in the Zoning Amendment Application No. 1 dated June 1, 2012; 543 r, WHEREAS, the City Planning Commission, which after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 20, 2012, after due and timely notice thereof as required by §36.2- 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed amendment; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for these 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 ere amended, be amended to reflect that property bearing Official Tax No. 3070322, located at 1684 Court land Road, N. E., be, and is hereby rezoned from Downtown District (D), with conditions, to Light Industrial District (I-I), as set forth in the Zoning Amendment Application No. 1 dated June 1, 2012. 2. Ordinance No. 36213-012103, adopted on January 21, 2003, rezoning Official Tax No. 3070322, located at 1684 Court land Road, N. E., is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 544 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of August, 2012. No. 39484-082012. AN ORDINANCE amending and reordaining Section 20-126(a), Restriction on Keeping of Inoperable Motor Vehicles, of Article VI, Keeping of Inoperable Motor Vehicles. Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended; to clarify the locations in which inoperable motor vehicles may be kept; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by amending Section 20-126(a), Restriction on Keeping of Inoperable Motor Vehicles, of Article VI, Keeping of Inoperable Motor Vehicles, Chapter 20, Motor Vehicles and Traffic, Code of the City of Roanoke (1979), as amended, to read and provide as follows: Section 20-126(a). Restriction on Keeping of Inoperable Motor Vehicles. (a) No person shall keep, any motor vehicle, trailer or semitrailer which is inoperable on any properly not zoned and used as light industrial (I-I) or heavy industrial (/-2),_except within a fully enclosed building or structure or otherwise shielded or screened from view,; _ _ _ e • - : _ _ __ _ - __ _ _ _ ____ - -- - - -; however, one (1) such vehicle may be kept outside a fully enclosed building or structure, provided that it is shielded or screened from view. Therefore, this section shall not apply to any property zoned and used as light industrial (I-1) and heavy industrial (1-2), because all other zoning districts within the City except for light industrial (I-1) and heavy industrial (I-2) permit residential, agricultural or commercial uses by right. 2. This Ordinance is effective as of the date of its passage. 545 3. Pursuant to Section 12 of the City Charter, the second reading of this —, ordinance by title is hereby dispensed with. APPROVED ATTEST' S7 �' Stephanie M. Moon, MM)'CI.,(...3)vj David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'" day of August, 2012. No. 39485-082012. AN ORDINANCE authorizing the proper City officials to execute a contract and the necessary documents to sell to South Commonwealth Partners, LLC, a portion of certain City-Owned Property known as Market Garage, located at 25 Church Avenue, S. E., Roanoke, Virginia, and identified as an approximately 11,500 square foot portion of a commercial/retail space within the Market Garage building and a portion of the Air Rights located above the Market Garage, all of which is a portion of Tax Map No. taw 4015004, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matters on August 20, 2012, pursuant to Sections 15.2- 1800 and 15.2-1813 of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of such property will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 546 1. City Council hereby approves the terms of the proposed Sales Contract between the City and South Commonwealth Partners, LLC, as set forth in the attachment to the City Council Agenda Report dated August 20, 2012, which Contract provides for certain undertakings and obligations by South Commonwealth, as well as certain undertakings by the City. The City Council further finds the sale of such property, as set forth in such City Council Agenda Report, will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute a Sales Contract to sell to South Commonwealth Partners, LLC, a portion of certain City- Owned property located at 25 Church Avenue, S. E., Roanoke, Virginia, and identified as an approximately 11,500 square foot portion of a commercial/retail space within the Market Garage building and a portion of the Air Rights located above the Market Garage, all of which is a portion of Tax Map No. 4015004, upon certain terms and conditions as set forth in the Sales Contract attached to the City Council Agenda Report dated August 20, 2012. Such Sales Contract is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. The purchase price to be paid to the City is $800,000.00. 3. The City Manager is further authorized to negotiate and execute such further documents and take such further actions as may be necessary to implement, administer, and enforce such Sales Contract, and to negotiate and execute any other agreements and documents relating to this matter, which may include, but which are not limited to: -� (a) A Deed of Sale; (b) Condominium documents; (c) Development or Performance Agreement; (d) A Parking Agreement; (e) A Maintenance Agreement; (f) Any documents related to the refinancing of the tax-exempt general obligation bonds mentioned in the Agenda Report; (g) Extension or modification documents; and/or (h) Such other documents as The City Manager deems appropriate. 4. The form of the other documents referred to above and in the Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. • 547 6. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 548 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, . . The 4th day of September, 2012. Resolution No. 39486-090412, A RESOLUTION authorizing the issuance of a not to exceed $2,014,210.00 General Obligation School Bond, series 2012, 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 "Council") of the City of Roanoke, Virginia (the "City"), has determined that it is necessary and expedient to borrow an amount not to exceed $2,014,210.00 and to issue its general obligation school bond (as more specifically defined below, the "Local School Bond") for the purpose of financing the costs of certain rehabilitation and repairs at Garden City Elementary School, Virginia Heights Elementary School, Wasena Elementary School, Lucy Addison Middle School, James Breckenridge Middle School, Fairview Elementary School, Fallon Park Elementary School, Fishbum Park Elementary School, Hurt Park Elementary School, Stonewall Jackson Middle School, Lincoln Terrace Elementary School, Roanoke Academy for Math and Science, Round Hill Elementary School, and Woodrow Wilson Middle School, all which constitutes a capital project for public school purposes ^� (collectively, the "Project"); J WHEREAS, the City held a public hearing, duly noticed, on September 4, 2012, 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"); WHEREAS, the School Board of the City has, by resolution, requested the Council to authorize the issuance of the Local School Bond and consented to the issuance of the Local School Bond; 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 bonds to be issued by VPSA in the fall of 2012 (the "VPSA Bonds"); WHEREAS, VPSA intends to issue the VPSA Bonds as "qualified zone academy bonds" (referred to below as "QZABs") within the meaning of Section 54E 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; 549 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 QZAB to receive a direct payment of a refundable credit in lieu of providing a tax credit to the purchaser or holder of the QZAB; WHEREAS, the refundable credit payable with respect to each interest payment date will be equal to the lesser of (i) the amount of interest payable under the QZAB on such date or (ii) the amount of interest which would have been payable under the QZAB on such date if such interest were determined at the applicable credit rate determined under Section 54E of the Tax Code (that is, the rate used in computing the amount of tax credit that could be claimed by the QZAB holder absent the "specified tax credit bond" refundable credit election); 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 actually received in cash by VPSA with respect to the VPSA Bonds; WHEREAS, the allocation of QZAB volume cap pursuant to which VPSA will issue the VPSA Bonds will be made by Executive Order to be issued by the Governor of the Commonwealth of Virginia (the "Executive Order"), to finance the Project along with a number of other projects selected through a competitive evaluation process administered by the Virginia Department of Education; WHEREAS, the Bond Sale Agreement (as defined below) shall indicate that $2,014,210.00 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; 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 from the sale of 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 less than the Proceeds Requested in order to receive an amount of proceeds that is substantially equal to the Proceeds Requested, or (ii) because the maximum authorized principal amount of the Local School Bond set forth in paragraph 1 of this Resolution cannot exceed the Proceeds Requested, 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. . . 550 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY - OF ROANOKE, VIRGINIA: 1. Authorization of Local School Bond and Use of Proceeds. The 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 $2,014,210.00 (the "Local School Bond") for the purpose of financing the Project and the City's allocable share of (A) VPSA's costs of issuing the VPSA Bonds and (B) any upfront flat fees of VPSA as determined by VPSA to be necessary to compensate VPSA for the on-going costs related to administering the local school bonds purchased with the VPSA Bonds, including the City's Local School Bond (such upfront fees may be in lieu of the Annual Administrative Fee described in paragraph 4 in this Resolution). The 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. The sale of the Local School Bond, within the parameters set forth in paragraph 4 of this Resolution, to VPSA is authorized. Given the VPSA Purchase Price Objective and market conditions, the City acknowledges that the limitation on the maximum principal amount on the Local School Bond set forth in paragraph 1 of this Resolution restricts VPSA's ability to generate the Proceeds Requested, however, the Local School Bond may be sold for a purchase price 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 an agreement with VPSA providing for the sale of the Local School Bond to VPSA (the "Bond Sale Agreement"). The Bond Sale Agreement shall be in substantially the form submitted to the Council at this meeting, which form is hereby approved. 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 2012;" shall bear interest from the date of delivery thereof payable semi- annually on dates specified by VPSA (each, an "Interest Payment Date") at the rates established in accordance with paragraph 4 of this Resolution; and shall mature annually in the years (each a "Principal Payment Date," and together with any Interest Payment Date, a "Payment Date") and in the amounts (the "Principal Installments") determined by the City Manager, subject to the provisions of paragraph 4 of this Resolution. 4. Interest Rate and Principal Installments. The City Manager, is hereby authorized and directed to accept the interest rate on the Local School Bond 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 Local School Bond does not exceed MIN seven and a half percent (7.50%) per annum. The Payment Dates and the Principal Installments shall be specified by VPSA. The City Manager is hereby authorized and 551 directed to accept the final Payment Dates and the Principal Installments at the request of VPSA based on the final term to maturity of the VPSA Bonds, requirements imposed on VPSA by the nationally-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, 2037 and the latest maturity date permitted under Section 54E of the Tax Code. The execution and delivery of the Local School Bond as described in paragraph 10 hereof shall conclusively evidence the approval and acceptance all of the details of the Local School Bond by the City Manager as authorized by this Resolution. 5. Certain Acknowledgements. 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, 54E, 54F or 6431 or any other applicable sections of the Tax Code, (ii) any failure or determination by Congress not to appropriate funds necessary to pay the refundable credit, (iii) any guidance or changes to guidance provided by the U.S. Department of Treasury or the Internal Revenue Service, or (iv) 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 QZABs 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 certain of these events as and to the extent provided in the form of Local School Bond. 6. Certain Investment Earnings. The Council 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 54E of the Tax Code, (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 Council 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 paragraph 15 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. 552 8. Payment; Paving Agent and Bond Registrar. 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 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 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 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 are not subject to prepayment or redemption prior to their stated maturities without the prior written consent of VPSA, except that, in certain circumstances, the Principal Installments of the Local School Bond will be subject to extraordinary mandatory redemption as determined by VPSA and extraordinary optional redemption as determined by the City, in each case 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 Council are authorized and directed to execute and deliver the Local School Bond and to affix the seal of the City thereto. 11. Pledge of Full Faith and Credit. For the prompt payment of the principal of and interest 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 and premium, if any, on the Local School Bond as such principal and interest 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 Agreement. 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 for the VPSA Bonds 553 to qualify as and to remain as "qualified tax credit bonds," "qualified zone academy bonds" and "specified tax credit bonds" under Sections 54A, 54E and 6431 of the Tax Code and the applicable regulations. The 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 zone academy bonds" and "specified tax credit bonds" under Sections 54A, 54E and 6431 of the Tax Code. 13. State Non-Arbitrage Program; Proceeds Agreement. The Council hereby determines that it is in the best interests of the City to authorize and direct the City Treasurer to participate in the State Non-Arbitrage Program in connection with the 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 and among the City, the other participants in the sale of the VPSA Bonds, VPSA, the investment manager and the depository, substantially in the form submitted to the Council at this meeting, which form is hereby approved. 14. Continuing Disclosure Agreement. 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 (i) 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 (ii) 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, 554 certificate or instrument associated therewith (collectively, the "City Documents"), -••I or in connection with any extraordinary mandatory redemption of the Local School Bond as described in paragraph 9 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. Filing 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 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. 18. Further Actions. The members of the Council and all officers, employees and agents of the City are hereby authorized to take such action as they or any one 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 September 4, 2012, and of the whole thereof so far as applicable to the matters referred to in such extract. I hereby further certify that such meeting was a regularly scheduled meeting and that, during the consideration of the foregoing resolution, a quorum was present and that the attendance and voting of the members in attendance on the foregoing resolution were as follows: Present Absent Aye Nay Abstain David A. Bowers, Mayor x x Court G. Rosen, Vice Mayor x x William D. Bestpitch x x Raphael E. Ferris x x Sherman P. Lea x x Anita J. Price x x David B. Trinkle x x 555 WITNESS MY HAND and the seal of the City of Roanoke, Virginia, this 4TH day . of September, 2012. Stephanie M. Moon, MMC, Clerk, City of Roanoke, Virginia [SEAL] [SEAL] EXHIBIT A [FORM OF TEMPORARY BOND] NO. TR-1 $ UNITED STATES OF AMERICA _ COMMONWEALTH OF VIRGINIA CITY OF ROANOKE General Obligation School Bond Series 2012 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 June 1, 20 and continuing each June 1 thereafter to and including June 1, 20_ (each a "Principal Payment Date"), together with interest from the date of this Bond on the unpaid installments, payable semi-annually on June 1 and December 1 of each year, commencing [ , 2013] (each an "Interest Payment Date," and together with any Principal Payment Date, a "Payment Date"), at the rate of % per annum, subject to redemption as hereinafter provided. The principal of and interest 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, U.S. Bank National Association, as bond registrar and paying agent (the "Bond Registrar"), shall make all payments of the principal of and interest 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 payment or redemption. 0. 556 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 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. The full faith and credit of the City are irrevocably pledged for the payment of the principal of and interest and the premium, if any, on this Bond. The resolution adopted by the City Council of the City on September 4, 2012 (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 in the City subject to local taxation sufficient to provide for the payment of the principal of and interest 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 r+ 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 books of the City kept by the Bond Registrar, and the transfer of this Bond may be effected by the registered owner of this Bond only upon due execution of an assignment by such registered owner. Upon receipt of such assignment and the surrender of this Bond, the Bond Registrar shall exchange this Bond for 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 without the prior written consent of VPSA, except as set forth below. Upon not less than 45 days' written notice from VPSA to the Bond Registrar and the City, this Bond is subject to extraordinary 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 VPSA determines that a redemption of all or a portion of the VPSA Bonds allocable to this Bond is necessary to maintain the status of the VPSA Bonds as "qualified tax credit bonds" and "qualified zone academy bonds" under Sections 54A and 54E, respectively, 557 of the Internal Revenue Code of 1986, as amended (the "Code"). Circumstances under which VPSA may make such a determination may include, but are not limited to, the failure of the City to cause 100% of the Available Project Proceeds to be expended by the end of the Expenditure Period for Qualified Purposes, or there occurs a Determination of Loss of QZAB Status with respect to all or any portion of the VPSA Bonds 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 Agreement"). The redemption price shall be equal to (i) the redemption price VPSA will be obligated to pay in connection with the optional redemption or extraordinary optional redemption of the allocable portion of the VPSA Bonds under Section 3.1 of the Fifth Supplemental Trust Indenture dated as of October 1, 2012 (the "Fifth Supplemental Indenture'), between VPSA and U.S. Bank National Association, as trustee, and (ii) any outstanding fees, costs and expenses for which the City is or will become obligated to pay under paragraph 15 of the Local Resolution, all as determined by VPSA. Upon not less than 90 days' written notice from the City to VPSA, this Bond is also subject to extraordinary optional 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, 54E, 54For 6431 or any other applicable 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 (i) the redemption price VPSA will be obligated to pay in connection with the optional redemption or extraordinary optional redemption of the allocable portion of the VPSA Bonds under Section 3.1 of the Fifth Supplemental Indenture and (ii) any outstanding fees, costs and expenses for which the City is or will become obligated to pay under paragraph 15 of the Local Resolution, all as determined by VPSA. Unless otherwise defined, each of the capitalized terms used in the foregoing three paragraphs has the meaning given it in the Tax Compliance Agreement. No notation is required to be made on this Bond of the redemption of principal. In such circumstance, the outstanding principal balance of this Bond shall be equal to $ , less the aggregate amount of any and all redemptions of principal which may have been made on this Bond. HENCE, THE FACE AMOUNT OF THIS BOND MAY EXCEED THE PRINCIPAL SUM REMAINING OUTSTANDING AND DUE HEREUNDER. 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. 558 IN WITNESS WHEREOF, the City Council of the City of Roanoke has caused this -+. Bond to be issued in the name of the City of Roanoke, Virginia, to be signed by its Mayor or Vice-Mayor, its seal to be affixed hereto and attested by the signature of its Clerk or any ..+ of its Deputy Clerks, and this Bond to be dated October , 2012. CITY OF\�ROVANOOKKE►\, VIRGINIA Mayor, City of Roanoke, Virginia (SEAL) ATTEST: a- Clerk, City Council of the 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 attorney to exchange said Bond for definitive bonds in lieu of which this Bond is issued and to register the transfer of such definitive bonds on the books kept for registration thereof, with full power of substitution in the premises. Date: Registered Owner 559 Signature Guaranteed: (NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the front of this Bond (NOTICE: Signature(s) must be in every particular, without alteration or guaranteed by an "eligible guarantor change.) 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. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 2012. No. 39487-090412. A RESOLUTION accepting the Fiscal Year 2012 - 2013 funds for the Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant Program; authorizing the City Manager to execute the requisite Grant Agreements, Funding Approval, and other documents, with the United States Department of Housing and Urban Development ("HUD"); and authorizing the City Manager to execute such subgrant agreements, amendments, and other documents as may be required. BE IT RESOLVED by the Council of the City of Roanoke ("Council") as follows: 1. The Fiscal Year 2012 - 2013 Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant Program . funds are hereby ACCEPTED, contingent upon receipt of an approval letter from HUD. 560 OMNI 2. The City Manager is authorized to execute, and the City Clerk is authorized to attest, the requisite Grant Agreements with HUD, Funding Approval, and — any and all understandings, assurances and documents relating thereto required by HUD to accept such funds, each of such documents to be in such form as is approved by the City Attorney, as more particularly set out in the City Council Agenda Report dated September 4, 2012, to this Council. 3. Further, the City Manager is authorized to execute, and the City Clerk is authorized to attest, such subgrant agreements and amendments as may be required pursuant to the Fiscal Year 2012 - 2013 Annual Update to the 2010 - 2015 Consolidated Plan ("Annual Update") approved by Council by Resolution No. 39382-051412, and as may otherwise exceed the City Manager's authority under Section 2 -124 of the Code of the City of Roanoke, as amended, such subgrant agreements or amendments to be within the limits of funds provided for in the Annual Update and to be approved as to form and as to execution by the City Attorney, as more particularly set forth in the City Council Agenda Report dated September 4, 2012, to this Council. APPROVED ATTEST: `�1�f�[\ Stephan�on, MMC�t�/ "SfJ D' vi Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 2012. No. 39488-090412. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency Shelter Grant Program (ESG), amending and reordaining certain sections of the 2012-2013 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 2012 - 2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 561 Appropriations HOME Affordable Home Rehab Program 35-090-5313-5523 $(83,121.00) HOME Affordable Home Rehab Program 35-090-5364-5523 (324.00) HOME Affordable Home Rehab Program 35-090-5366-5523 (6,502.00) HOME Reserve Rehabilitation Project Funds 35-090-5366-5527 (212,546.00) HOME Mortgage Assistance Program 35-090-5368-5399 (1,099.00) HOME Reserve Rehabilitation Project Funds 35-090-5368-5553 (45,090.00) HOME Mortgage Assistance Program 35-090-5370-5399 (29,933.00) HOME Reserve Rehabilitation Project 35-090-5370-5527 (149,739.00) HOME Home Program Personnel-Life 35-090-5375-1130 (217.00) Insurance HOME Mortgage Assistance Program 35-090-5375-5399 (1,052.00) HOME Unprogrammed Funds 35-090-5375-5482 (15,360.00) HOME Reserve Rehabilitation Project 35-090-5375-5527 (30,017.00) HOME Program-Regular Employee Wages 35-090-5385-1002 29,128.00 HOME Program-City Retirement 35-090-5385-1105 4,544.00 HOME Program-FICA 35-090-5385-1120 2,228.00 HOME Program-Medical Insurance 35-090-5385-1125 3,440.00 HOME Program-Dental Insurance 35-090-5385-1126 215.00 HOME Program-Life Insurance 35-090-5385-1130 347.00 HOME Program-Disability Insurance 35-090-5385-1131 98.00 • . HOME Program-Fees for Professional 35-090-5385-2010 1,000.00 Services HOME Program-Administrative Supplies 35-090-5385-2030 1,500.00 HOME Program-Expendable Equipment 35-090-5385-2035 500.00 HOME Program-Training and Development 35-090-5385-2044 5,000.00 HOME Program-DoT Billings 35-090-5385-7005 1,000.00 HOME West End New Homeownership Habitat 35-090-5385-5614 625,000.00 HOME West End New Homeownership 35-090-5385-5615 65,996.00 Habitat CHDO HOME Unprogrammed FY13 Funds 35-090-5385-5617 65,635.00 HOME Mortgage Assist—Regular Employee 35-090-5386-1002 16,800.00 Wages HOME Mortgage Assist—City Retirement 35-090-5386-1105 2,621.00 HOME Mortgage Assist—FICA 35-090-5386-1120 1,285.00 HOME Mortgage Assist—Medical Insurance 35-090-5386-1125 2,117.00 HOME Mortgage Assist—Dental Insurance 35-090-5386-1126 132.00 HOME Mortgage Assist—Life Insurance 35-090-5386-1130 200.00 HOME Mortgage Assist—Disability Insurance 35-090-5386-1131 56.00 HOME Down Payment Assistance Program 35-090-5386-5399 216,789.00 ESG—Unprogrammed FY13 Funds 35-E13-5283-5616 144,729.00 562 Planning Assistance for Target 35-G04-0421-5405 (1,600.00) -. Neighborhoods Community Improvement Program 35-G07-0720-5397 (3,920.00) .. RRHA Project Gold-Project 35-G07-0720-5454 (136.00) Derelict Structures Program 35-G07-0720-5497 (2,339.00) Reserve Rehabilitation-Project Funds 35-G10-1020-5527 (195,280.00) Property Acquisition Fund-Delivery 35-G10-1020-5552 (36,928.00) HUD Admin Funds 35-G10-1021-5436 (2,623.00) Neighborhood Infrastructure and 35-G10-1037-5550 (87,411.00) Development Unprogrammed CDBG Carryover Funds 35-G10-1040-5184 (93,851.00) HUD Admin Personnel-Regular Employee 35-G11-1122-1002 (6,500.00) Wages HUD Admin Personnel-City Retirement 35-G11-1122-1105 (1,000.00) HUD Admin Personnel-FICA 35-G11-1122-1120 (1,000.00) HUD Admin Personnel-Medical Insurance 35-G11-1122-1125 (264.00) HUD Admin Personnel-Life Insurance 35-G11-1122-1130 (560.00) HUD Admin Personnel-Fees for Professional 35-G11-1122-2010 (5,000.00) Svcs HUD Admin Personnel-Advertising 35-G11-1122-2015 (1,825.00) HUD Admin Personnel-Telephone 35-G11-1122-2020 (1,415.00) 000, HUD Admin Personnel-Administrative 35-G11-1122-2030 (2,432.00) Supplies HUD Admin Personnel-Expendable 35-G11-1122-2035 (1,000.00) r Equipment HUD Admin Personnel-Training and 35-G11-1122-2044 (2,211.00) Development HUD Admin Personnel-Printing 35-G11-1122-2075 (1,200.00) HUD Admin Personnel-Postage 35-G11-1122-2160 (1,000.00) HUD Admin Personnel-Internal Printing 35-G11-1122-2375 (200.00) HUD Admin Personnel-Xerox Lease 35-G11-1122-3045 (1,013.00) Code Enforcement Personnel-Life Insurance 35-G11-1123-1130 (392.00) EE Home Personnel-FICA 35-G11-1124-1120 (148.00) EE Home Personnel-Life Insurance 35-G11-1124-1130 (148.00) Down Payment Assistance Program 35-G11-1125-5399 (46,190.00) Hurt Park Bike Patrol-Overtime 35-G11-1135-1003 (10,886.00) Hurt Park Bike Patrol-FICA 35-G11-1135-1120 (946.00) Community Based Prevention-Reg Emp 35-G11-1136-1002 (8,049.00) Wages Community Based Prevention- Medical 35-G11-1136-1125 (921.00) Insurance Community Based Prevention-Other Rental 35-G11-1136-3075 (2,400.00) ^� Solid Waste Management Solar Compactors 35-G11-1137-5568 (1,679.00) CSA Program-Regular Employee Wages 35-G11-1139-1002 (7,493.00) '� 563 CSA Program-Medical Insurance 35-G11-1139-1125 (3,720.00) CSA Program-Fees for Professional 35-G11-1139-2010 (2,000.00) Services CSA Program-Expendable Equipment 35-G11-1139-2035 (1,350.00) CSA Program-Training and Development 35-G11-1139-2044 (6,500.00) CSA Program-Program Supplies 35-G11-1139-2066 (300.00) CSA Program-Business Meals and Travel 35-G11-1139-2144 (400.00) TAP Bridge Owner/Rental Rehab-Project 35-G12-1219-5573 ( 109,770.00) Empowering Individuals with Disabilities- 35-G13-1319-5057 75,000.00 Project Demolition 35-G13-1319-5108 50,000.00 Unprogrammed CDBG Funds 35-G13-1319-5184 8,679.00 Emergency Home Repair-TAP-Project 35-G13-1319-5470 100,000.00 Emergency Home Repair-TAP-Delivery 35-G13-1319-5483 25,000.00 World Changers-Project 35-G13-1319-5486 60,000.00 World Changers-Delivery 35-G13-1319-5498 15,000.00 Empowering Individuals with Disabilities- 35-G13-1319-5585 6,250.00 Delivery West End New Homeownership-Habitat- 35-G13-1319-5607 75,000.00 Delivery West End Property Acquisition-RRHA- 35-G13-1319-5608 100,000.00 Project West End Property Acquisition-RRHA- 35-G13-1319-5609 25,000.00 Delivery West End Owner Occupied Rehab-RTR- 35-G13-1319-5610 68,000.00 Project West End Owner Occupied Rehab-RTR- 35-G13-1319-5611 17,000.00 Delivery West End Housing Preservation-TAP-Project 35-G13-1319-5612 80,000.00 West End Housing Preservation-TAP- Delivery 35-G13-1319-5613 20,000.00 Fair Housing-Regular Employee Wages 35-G13-1320-1002 7,803.00 Fair Housing-City Retirement 35-G13-1320-1105 1,217.00 Fair Housing-FICA 35-G13-1320-1120 597.00 Fair Housing-Dental Insurance 35-G13-1320-1126 56.00 Fair Housing-Life Insurance 35-G13-1320-1130 93.00 Fair Housing-Disability Insurance 35-G13-1320-1131 26.00 Fair Housing-Fees for Professional Services 35-G13-1320-2010 500.00 Fair Housing-Administrative Supplies 35-G13-1320-2030 400.00 Fair Housing-Training and Development 35-G13-1320-2044 4,308.00 Planning-Historic Review Services 35-G13-1321-5403 10,000.00 Planning-Environmental Review Services 35-G13-1321-5565 10,000.00 Planning-RRHA Property and Loan Portfolio 35-G13-1321-5584 15,000.00 Mgt 564 HUD Admin-Regular Employee Wages 35-G13-1322-1002 143,877.00 ^� HUD Admin-Overtime 35-G13-1322-1003 1,000.00 HUD Admin-City Retirement 35-G13-1322-1105 22,445.00 HUD Admin-FICA 35-013-1322-1120 11,007.00 HUD Admin-Medical Insurance 35-G13-1322-1125 13,759.00 HUD Admin-Dental Insurance 35-G13-1322-1126 970.00 HUD Admin-Life Insurance 35-013-1322-1130 1,591.00 HUD Admin-Disability Insurance 35-013-1322-1131 457.00 HUD Admin—Fees for Professional Services 35-G13-1322-2010 3,000.00 HUD Admin-Advertising 35-G13-1322-2015 3,500.00 HUD Admin-Telephone 35-G13-1322-2020 1,100.00 HUD Admin-Administrative Supplies 35-G13-1322-2030 1,750.00 HUD Admin-Expendable Equipment 35-G13-1322-2035 1,500.00 HUD Admin-Memberships 35-G13-1322-2042 1,500.00 HUD Admin-Training and Development 35-G13-1322-2044 7,000.00 HUD Admin-Local Mileage 35-G13-1322-2046 250.00 HUD Admin-Printing 35-013-1322-2075 2,500.00 HUD Admin-Records Management 35-013-1322-2082 150.00 HUD Admin-Postage 35-G13-1322-2160 1,000.00 HUD Admin-Xerox Lease 35-G13-1322-3045 250.00 HUD Admin-DoT Billings 35-G13-1322-7005 3,144.00 ^ HUD Admin-Risk Management 35-G13-1322-7017 500.00 Code Enforcement-Regular Employee 35-G13-1323-1002 72,211.00 Wages Code Enforcement-City Retirement 35-G13-1323-1105 11,265.00 Code Enforcement-FICA 35-G13-1323-1120 5,524.00 Code Enforcement-Medical Insurance 35-G13-1323-1125 9,092.00 Code Enforcement-Dental Insurance 35-013-1323-1126 570.00 Code Enforcement-Life Insurance 35-G13-1323-1130 859.00 Code Enforcement-Disability Insurance 35-013-1323-1131 243.00 Code Enforcement-Administrative Supplies 35-013-1323-2030 236.00 EE Home Rehab-Regular Employee Wages 35-G13-1324-1002 30,448.00 EE Home Rehab-City Retirement 35-013-1324-1105 4,750.00 EE Home Rehab-FICA 35-013-1324-1120 2,329.00 EE Home Rehab-Medical Insurance 35-G13-1324-1125 1,323.00 EE Home Rehab-Dental Insurance 35-013-1324-1126 248.00 EE Home Rehab-Life Insurance 35-G13-1324-1130 362.00 EE Home Rehab-Disability Insurance 35-013-1324-1131 102.00 EE Home Rehab-Fees for Professional Services 35-013-1324-2010 35,000.00 EE Home Rehab-Project Funds 35-013-1324-5527 175,438.00 Down Pymt Assist Prog-Regular Employee 35-G13-1325-1002 7,587.00 Wages 565 Down Pymt Assist Prog-Overtime 35-G13-1325-1003 325.00 Down Pymt Assist Prog-City Retirement 35-G13-1325-1105 1,197.00 Down Pymt Assist Prog-FICA 35-G13-1325-1120 580.00 Down Pymt Assist Prog-Medical Insurance 35-G13-1325-1125 1,140.00 Down Pymt Assist Prog-Dental Insurance 35-G13-1325-1126 72.00 Down Pymt Assist Prog-Life Insurance 35-G13-1325-1130 62.00 Down Pymt Assist Prog-Disability Insurance 35-G13-1325-1131 21.00 Down Pymt Assist Prog-Fees for 35-G13-1325-2010 5,000.00 Professional Svcs Down Pymt Assist Prog-Advertising 35-G13-1325-2015 500.00 Down Pymt Assist Prog-Telephone 35-G13-1325-2020 200.00 Down Pymt Assist Prog-Administrative 35-G13-1325-2030 345.00 Supplies Down Pymt Assist Prog-Expendable 35-G13-1325-2035 1,750.00 Equipment Down Pymt Assist Prog-Training and 35-G13-1325-2044 2,000.00 Development Down Pymt Assist Frog-Local Mileage 35-G13-1325-2046 50.00 Down Pymt Assist Prog-Printing 35-G13-1325-2075 1,250.00 Down Pymt Assist Prog-Records Management 35-G13-1325-2082 100.00 Down Pymt Assist Prog-Postage 35-G13-1325-2160 500.00 Down Pymt Assist Prog-Xerox Lease 35-G13-1325-3045 250.00 Down Pymt Assist Prog-DoT Billings 35-G13-1325-7005 2,071.00 Economic Development-Hotel Roanoke 108 35-G13-1330-5135 502,203.00 Economic Development-West End Services 35-G13-1330-5606 343,176.00 Center Human Development-Apple Ridge Farms 35-G13-1338-5084 26,250.00 Human Development-BISSWVA Case 35-G13-1338-5508 29,000.00 Management Human Development-TAP African American 35-G13-1338-5554 25,000.00 Studies Human Development-Children's Trust 35-G13-1338-5569 27,000.00 Human Development-Home Stabilization 35-G13-1338-5604 50,000.00 Human Development-Community Platform 35-G13-1338-5605 28,932.00 Project Target Area Bike Patrol-Overtime 35-G13-1342-1003 23,225.00 Target Area Bike Patrol-FICA 35-G13-1342-1120 1,775.00 Community Based Prevention Svcs—Reg 35-G13-1343-1002 66,082.00 Emp Wages Community Based Prevention Svcs—City 35-G13-1343-1105 10,309.00 Retirement Community Based Prevention Svcs—FICA 35-G13-1343-1120 5,055.00 . Community Based Prevention Svcs—Medical 35-G13-1343-1125 10,584.00 Insure 566 Community Based Prevention Svcs-Dental 35-G13-1343-1126 662.00 -. Insurance Community Based Prevention Svcs-Life 35-G13-1343-1130 796.00 Insurance Community Based Prevention Svcs- 35-G13-1343-1131 222.00 Disability Insure Community Based Prevention Svcs-Local 35-G13-1343-2046 1,190.00 Mileage Community Based Prevention Svcs-Other 35-G13-1343-3075 3,600.00 Rent NDG-Faidand Civic Association-Trash 35-G13-1344-5440 800.00 Receptacles Gainsboro History Walk 35-G13-1344-5591 12,200.00 NDG-Loudon-Melrose Neighborhood-Home 35-G13-1344-5592 15,000.00 Repair NDG-Loudon-Melrose Neighborhood- 35-G13-1344-5593 800.00 Training NDG-Melrose/Rugby Neighborhood Forum- 35-G13-1344-5594 5,750.00 Wall NDG-Melrose/Rugby Neighborhood Forum- 35-G13-1344-5595 800.00 Training NDG-Mt View Neighborhood Assn-CFL 35-G13-1344-5596 1,230.00 .. Distribution NDG-NNIC-Training 35-G13-1344-5598 800.00 ... NDG-Old Southwest-Gateway Signs 35-G13-1344-5599 2,500.00 NDG-Old Southwest-Bicycle Signs 35-G13-1344-5600 1,475.00 NDG-Old Southwest-Training 35-G13-1344-5601 800.00 NDG-Southeast Action Forum-Gateway 35-G13-1344-5602 2,500.00 Signs NDG-Southeast Action Forum-Training 35-G13-1344-5603 800.00 Revenues HOME Entitlement 05-06 35-090-5313-5314 (83,121.00) HOME Entitlement 06-07 35-090-5364-5364 (324.00) HOME Entitlement 07-08 35-090-5366-5366 (219,048.00) HOME Entitlement 08-09 35-090-5368-5368 (46,189.00) HOME Entitlement 09-10 35-090-5370-5370 (179,672.00) HOME Entitlement 10-11 35-090-5375-5375 (46,646.00) HOME Entitlement 12-13 35-090-5385-5385 1,015,631.00 HOME Program Income 12-13 35-090-5385-5386 30,000.00 ESG Entitlement 12-13 35-E13-5283-5283 144,729.00 CDBG Entitlement 03-04 35-G04-0400-2401 (1,600.00) CDBG Entitlement 06-07 35-G07-0700-2701 (6,395.00) ems CDBG Entitlement 09-10 35-G10-1000-3001 (416,093.00) CDBG Entitlement 10-11 35-G11-1100-3101 (120,142.00) CDBG Entitlement 11-12 35-G12-1200-3201 (109,770.00) 567 CDBG Entitlement 12-13 35-G13-1300-3301 2,123,862.00 CDBG Other Program Income 12-13 35-G13-1300-3303 30,000.00 • CDBG Lease Payment-Cooper Industries 35-G13-1300-3309 13,333.00 12-13 CDBG Hotel Roanoke Section 108 35-G13-1300-3311 400,000.00 Repayment 12-13 CDBG Rental Rehab Repayment 12-13 35-G13-1300-3312 500.00 CDBG Home Ownership Assistance 12-13 35-G13-1300-3313 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 2012. No.39489-090412. AN ORDINANCE to appropriate additional funding from the Department of Housing and Urban Development (HUD) for the FY2012 Emergency Solutions Grant Program (ESG), amending and reordaining certain sections of the 2012-2013 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 2012 - 2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations ESG—Council of Community Services 35-E1 2-5282-5618 $45,940.00 Revenues ESG Entitlement—FY 11 -12 35-E12-5282-5282 45,940.00 568 Pursuant to the provisions of Section 12 of the City Charter, the second reading -. of this ordinance by title is hereby dispensed with. r APPROVED ATTEST: \\ crew Stephanie M. Moon, MC ' David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 2012. No. 39490-090412. A RESOLUTION authorizing acceptance of the Homeless Solutions Grant Program by the Virginia Department of Housing and Community Development to the City, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: Om' 1. The City of Roanoke hereby accepts the Homeless Solutions Grant `r Program from the Virginia Department of Housing and Community Development in the amount of $44,471.00, with a local in-kind match of $44,471.00 from the City, for a one year period beginning July 1, 2012, and ending June 30, 2013, to establish the Blue Ridge Continuum of Care Central Intake—One Door approach, as more particularly set forth in the City Council Agenda Report dated September 4, 2012. 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 City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Q Stephanie M. Moon, MMC David A. Bowers .+ City Clerk Mayor 569 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 41" day of September, 2012. No. 39491-090412. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Community Development for the Homeless Solutions Grant, amending and reordaining certain sections of the 2012 - 2013 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 2012-2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages 35-630-5400-1004 $21,840.00 FICA 35-630-5400-1120 1,671.00 Maintenance Contracts 35-630-5400-2005 720.00 Telephone 35-630-5400-2020 4,200.00 Administrative Supplies 35-630-5400-2030 9,300.00 Expendable Equipment (<$5,000) 35-630-5400-2035 2,200.00 • Training and Development 35-630-5400-2044 2,200.00 Xerox Lease 35-630-5400-3045 2,340.00 Revenues Homeless Solutions FY13 35-630-5400-5400 44,471.00 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: Attlarl:44) ht. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 570 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 2012. No. 39492-090412. A RESOLUTION authorizing acceptance of certain funds from the Virginia Department of Emergency Management (VDEM), authorizing the City Manager to execute on behalf of the City a new five-year contract with VDEM, which honors the five-year VDEM hazardous materials response team contract for the period July 1, 2012, until June 30, 2016, and authorizing the City Manager to execute such other documents and take such further action as may be necessary to implement and administer such contract 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 to execute on behalf of the City a new five-year contract with VDEM, which honors the five-year VDEM hazardous materials response team contract for the period July 1, 2012, until June 30, 2016, and the City Manager is hereby authorized to accept on behalf of the City from VDEM funds in the amount of $15,000.00 each year of the contract for the Hazardous Materials Response Team, in accordance with certain terms and conditions as more fully set forth m' in the City Council Agenda Report dated September 4, 2012. 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. 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: ` & ieJMooftM7 MC ^ ` �--� Davi werBS s City Clerk Mayor 4� 571 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 2012. No. 39493-090412. AN ORDINANCE to appropriate funding from the Virginia Department of Emergency Management for the Regional Hazardous Materials Response Team Grant, amending and reordaining certain sections of the 2012 - 2013 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 2012-2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment (< $5,000.00) 35-520-3233-2035 $ 14,158.00 Expendable Equipment (< $5,000.00) 35-520-3234-2035 5,701.00 Expendable Equipment (< $5,000.00) 35-520-3236-2035 10,000.00 Training and Development 35-520-3236-2044 5,000.00 Expendable Equipment (< $5,000.00) 35-520-3237-2035 10,000.00 Training and Development 35-520-3237-2044 5,000.00 Expendable Equipment (< $5,000.00) 35-520-3238-2035 10,000.00 Training and Development 35-520-3238-2044 5,000.00 Expendable Equipment (< $5,000.00) 35-520-3239-2035 10,000.00 Training and Development 35-520-3239-2044 5,000.00 Expendable Equipment (< $5,000.00) 35-520-3241-2035 10,000.00 Training and Development 35-520-3241-2044 5,000.00 Revenues Haz Mat Emergency Reimburse-State FY11 35-520-3233-3273 14,158.00 Haz Mat Emergency Reimburse-State FY12 35-520-3234-3274 5,701.00 Haz Mat Emergency Response-State FY13 35-520-3236-3236 15,000.00 Haz Mat Emergency Response-State FY14 35-520-3237-3237 15,000.00 Haz Mat Emergency Response-State FY15 35-520-3238-3238 15,000.00 Haz Mat Emergency Response-State FY16 35-520-3239-3239 15,000.00 Haz Mat Emergency Response-State FY17 35-520-3241-3241 15,000.00 572 Pursuant 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, MMC David A.A. Bow City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of September, 2012. No. 39494-09042. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Westover Avenue Drainage Improvement Project; authorizing City staff to acquire such property rights by negotiation; authorizing the City Manager to execute appropriate acquisition documents; 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. For the Westover Avenue Drainage Improvement Project, in the general area of the 2500 block of Westover Avenue and surrounding streets in the southwest quadrant of the City, the City wants and needs certain real property rights, to include temporary construction easements, permanent easements, rights of ingress and egress, licenses or permits, and such other real property interests as needed, as set forth in the Agenda Report to this Council dated September 4, 2012. The proper City officials and City staff are hereby authorized to acquire by negotiation the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned Agenda Report for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcels for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, and recordation fees, design and construction costs, shall not exceed the funds available in the project 0-0 account for such purposes, without further authorization of Council. 573 Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form and execution by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interest conveyed, certified by the City Attorney to be entitled to the same. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATT EST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 4th day of September, 2012. No. 39495-09043. AN ORDINANCE amending and reordaining various sections and Appendix A, Definitions, and adding various sections, 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 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, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained, or added to Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: * * * ARTICLE 2. ZONING DISTRICTS. Sec. 36.2-205. Dimensional regulations. * * * (e) Yards, generally. * * * 574 Table 205-1. Permitted Yard Encroachments (B) ( -) (-D-) Feature Front Side Rear Bay windows e _ - •-: _ • _ - . -- •• _ _ Yes No Yes 2 feel 2 feet Chimneys, : e•- _ • . - -- •- . . . Yes Yes Yes 2 feet 2 2 feet feet Flagpoles Yes Yes Yes Handicap ramps •- - - . . . • . •:• :rely-preje ,g into yard Yes Yes Yes _• - _ _ - -0 . • d {� , —7 --4 10 respectively associated with a residential use feet feet feet Heating and cooling units or solar panels,-projecting no 2 No Yes feet into yard 2 feet Overhanging roofs, eaves, gutters, cornices, or awnings, projecting Yes Yes Yes - - -: • - - -. • :• e-specified in Colum -- -2 —1 2 (D), respectively feet foot feet Protective hoods or overhangs over a doorway, Yes No Yes t - -- - : - - 2 feet 2 feet Refuse container installation and enclosure in a public park Yes Yes Yes Retaining walls Yes Yes Yes Unenclosed decks, terraces, steps, stoops, or porches of a height No No Yes not exceeding 4 feet, projecting--no-more than 2 feet into yard. 2 feet "Unenclosed" means that the feature has no walls or other permanent vertical or horizontal enclosures other than a guardrail or balustrade. Utility cabinet that is part of a utility distribution or collection system Yes Yes Yes Rules of Interpretation for Table 205 1: Column (A) lists the encroachment, and in - - „ •- -- •••: - • - - - •- - ••-• • - e - -- • -: •• - - . Any distance specified in the "Front", "Side", or "Rear" columns indicates the maximum distance the feature may encroach into the required yard. "Yes" means the encroachment is permitted into the specified yard. "No" means the encroachment is not permitted into the specified yard. 575 (f) Front yards. (3) _Maximum front yard requirements shall apply only to new principal percent of the building facade shall abut the line of the maximum front front yard depths. as specified in Table 205-2 below. * * * Table 205-2. Application of Maximum Front Yard Requirements Proposed development Application of maximum yard requirement Addition to an existing principal Not subject to maximum yard requirement. building or new principal building that does not widen any street- facing façade New principal building where no Locate at least 60 % of the new building façade other buildings are located on the between the maximum and minimum yard lines. site Addition to an existing principal Locate and size any addition so either all the building that widens any street- added street facing façade is between the facing façade, where the existing maximum and minimum yard lines, or at least building conforms to the 60% of the resulting total of street-facing facades minimum and maximum yard is between the maximum and minimum yard line. requirements. Addition to an existing principal Locate and size any addition so building that widens any street- All of the new added street facing façade is facing façade, where the existing between the maximum and minimum yard lines building does not conform to the or minimum or maximum yard At least 60% of the resulting total of street-facing requirements. facade is between the maximum yard line and the lot frontage. New principal building where one Locate and size any new building so at least 60% or more principal buildings exist of the resulting total of street-facing facades is on the site, and the new building between the maximum yard line and the lot increases the width of street- frontage or, where existing buildings are located facing facades. beyond the maximum yard line, locate 100 % of the new building between the maximum and minimum yard line. 576 (-41 ... .-. •• - . : - - . inciNa` Cructu - • : - -: : . : , - .. . - _ . . . - ••. .st . -- : - - .rte-shall-c: . • . .. structures. (i) Yards - Corner lots and through lots. * * * (1) Corner lots having two (2) street frontages shall provide yards as follows: * * * (B) In the MX, CN, CG, D, IN, and UF districts, two maximum yards shall be established according to Section 36.2-319. (B) ) In all other districts, one (1) 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(1/2) the minimum front yard required by the district. (G)(D)Any yards remaining after front yards have been provided shall be considered side yards. (2) Corner lots having more than two (2) street frontages shall provide a front yard for each frontage: * * * [B) In the MX, CN, CG, D, IN, and UF districts, two maximum yards shall be established according to Section 36.2-319. (B-)(C) In all other districts, two (2) 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 (1/2) the minimum front yard required by the district. (G)(D)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: * * * (B) In the MX, CN, CG, D, IN, and UF districts, two maximum yards shall be established according to Section 36.2-319. 577 (B)(C) In all other districts, one (1) 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)(D)Any yards remaining after front yards have been provided shall be considered side yards. (4) In the case of any corner lot not referenced in subsections (1) - (3) above, 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 where Section 36.2-319 applies.that the maximum front yard the I F District ARTICLE 3. REGULATIONS FOR SPECIFIC ZONING DISTRICTS * * * DIVISION 1. RESIDENTIAL DISTRICTS * * * Sec. 36.2-311. Use table for residential districts. District RA R- R- R- R- RM- RM- RMF Supplemental 12 7 5 3 1 2 Regulation Section Residential Uses Dwelling, single-family attached PP P P Dwelling, single-family detached P P P P P P P Dwelling, 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 L Group care facility, congregate home, S P 36.2-412 elderly 578 Group care facility, congregate home, S S 36.2-412 not otherwise listed Group care facility, group care home S S 36.2-412 Group care facility, halfway house S S 36.2-412 Group care facility, nursing home P 36.2-412 Group care facility, transitional living 36.2-412 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 services S S S S S S S Utility Uses and Structures Utility distribution or collection, basic P P P P PP P P 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 Community garden P P P P P P P P 36.2-407.1 Composting facility S Nursery or greenhouse, P commercial Pet grooming 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 area P Accessory Uses Accessory uses, not otherwise listed P P P P P P P P 36.2-403 in this table 579 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, P P P P P P P P 36.2-413 personal 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. indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. DIVISION 2. MULTIPLE PURPOSE DISTRICTS. * Sec.36.2-315. Use table for multiple purpose districts. District MX CN CG CLS D IN ROS OF Supplemental Regulation Section Residential Uses Dwelling, single-family attached P P Dwelling, single-family detached P Dwelling, two-family P Dwelling, multifamily P P P P Dwelling, townhouse or rowhouse P P P P 36.2-431 Accommodations and Group Living Bed and breakfast S S 36.2-405 Dormitory P Group care facility, congregate S 36.2-412 home, elderly, Group care facility, nursing home S 36.2-412 Group home P P P P 580 Hotel or motel PP P P Commercial Uses: Office and Related Uses Blood bank or plasma center P P Business service establishment, not S PP P P P otherwise listed Employment or temporary labor P service Financial institution P P P P P Laboratory, dental, medical, or P P P P P optical Laboratory, testing and research SP SP SP P Medical clinic P P P P P P Office, general or professional P P P P P P Office, general or professional, large P PP P P P scale Outpatient mental health and S substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, P P P P P no outdoor pens or runs Caterer, commercial PP P P Community market P P P P P P P Drive-through facility SP P S 36.2-409 Drive-through kiosk SP 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 runs P P P 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 production facility P P P P P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar P P P P P food production, Retail 581 EBody piercing establishment P P P P P Building supplies and materials, P P P retail Car wash, not abutting a residential P P 36.2-406 district Car wash, abutting a residential S S 36.2-406 district Contractor or tradesman's shop, SP P S P general or special trade Dry cleaning and laundry pick-up P P P P P station Dry cleaning plant or commercial P laundry Gasoline station SP P S 36.2-411 General service establishment, not P P P P P otherwise listed Internet Sales Establishment PP P P P Janitorial services establishment P P L. Laundromat P P P P P Manufactured or mobile home sales P Motor vehicle rental establishment, P P P P without inventory on-site Motor vehicle rental establishment, P P S with inventory on-site Motor vehicle repair or service P P S S 36.2-419 establishment Motor vehicle sales and service P P 36.2-420 establishment, new Motor vehicle sales and service P P 36.2-42.1 establishment, used Nursery or greenhouse, commercial P P S Personal service establishment, not P P P P P P otherwise listed in this table Pet grooming P P P P P Retail sales establishment, not PP P P P A otherwise listed Storage building sales P Om 582 Tattoo parlor PP P P P Industrial Uses Bakery, confectionary, or similar P food production, wholesale Commercial printing establishment P P Electrical component assembly, P wholesale distribution Fueling station, commercial or P P wholesale Manufacturing: Beverage or food P processing, excluding poultry and animal slaughtering and dressing Manufacturing: General, not S otherwise listed in this table Manufacturing: Steel or metal S production, fabrication, or processing Motor vehicle or trailer painting and S S 36.2-418 body repair Workshop S P P SP 36.2-433 Warehousing and Distribution Uses Distribution center, not otherwise S listed Warehouse SP Assembly and Entertainment Uses Adult uses S 36.2-404 Amphitheater P Amusement, commercial, indoor SP P P P Amusement, commercial, outdoor P P Botanical garden or arboretum P P P Club, lodge, civic, or social PP P P P P P organization Community center P P P P P P P P Eating establishment PP P P P Eating and drinking establishment, PP P P P not abutting a residential district Eating and drinking establishment, SS S S S 583 abutting a residential district Entertainment establishment, SS S S S abutting a residential district Entertainment establishment, not SP P P P abutting a residential district Exhibition, convention, or P P conference center Gaming establishment S S Golf course P Health and fitness center PP P P P P Meeting hall PP P P P P P Park or playground P P P P P P P P Place of worship PP P PP Recreation, indoor P P P P P Recreation, outdoor P P P P Sports stadium, arena, or coliseum P Theater, movie or performing arts P P P P P Zoo P Public, Institutional, and Community Facilities Aquarium or planetarium P Artist studio PP P PP P Cemetery P Community food operation P Community garden P P P P P P P P 36.2-407.1 Day care center, adult P P P P PP P Day care center, child S P P P PP P 36.2-408 Day care home, child P P P P Educational facilities, business S P P P PP P school or nonindustrial trade school Educational facilities, P P P P college/university Educational facilities, P P P PP P elementary/middle/secondary Educational facilities, industrial trade P P P school 584 Educational facilities, school for the S P P P PP P arts Fire, police, or emergency services P PP P PP P Government offices or other P P P P PP P government facility, not otherwise listed Hospital P Library P P P P PP P Museum P P P P PP P Post office PP P PP P Supply pantry P P Training facility for police, fire, or P S emergency services Transportation Uses Bus passenger terminal or station P S Limousine service P P Parking lot facility S P S Parking, off-site P SP P S P P P 36.2-652 Parking structure facility P S 36.2-426 Railroad passenger terminal or P station Utility Uses Broadcasting studio or station P P P P P Broadcasting tower S S S 36.2-432 Utility distribution or collection, basic P P P P P PP P Utility distribution or collection, S SS S S S S S transitional Wireless telecommunications facility S SS S S S S S 36.2-432 Wireless telecommunications facility, P P P P P P P P 36.2-432 stealth Agricultural Uses Agricultural operations S S S S S S S S• Stable, commercial P 36.2-428 Wildlife rescue shelter or refuge area P 585 Accessory Uses Accessory uses, not otherwise listed P P P P P P P P 36.2-403 in this Table Accessory apartment S 36.2-402 Home occupation, excluding P P P P P 36.2-413 personal service Home occupation, personal service P P P P P 36.2-413 Outdoor display area P P P P P 36.2-422 Outdoor recreation facility lighting or SS S S S S 36.2-403 sports stadium lighting Outdoor storage S S P S 36.2-423 Recycling collection point S P P 36.2-403 Resident manager apartment P 36.2-403 Temporary health care structure Wind turbine, commercial S S S S S 36.2-403 Wind turbine, small S SS 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. Sec. 36.2-316. Dimensional regulations for multiple purpose districts. MX CN CG CLS D IN ROS OF Minimum lot area per 2,500 1,800 None None None Non None None residential unit e (square feet) Lot Minimum 5,000 5,000 10,00 43,560 None Non None None area 0 e (square Maximum None 87,12 130,6 None None 217 None 87,120 feet) 0 80 ,80 0 Lot Minimum 50 None 100 150 None 100 None None frontag Maximum None 200 None None None Non None 200 e (feet) e Front Minimum 10 0 0 0 0 20 10 0 yard (feet) Maximum 30 10 30 None 10 40 None 10 586 Section 36.2-313 Yes No No I I,, No No No No Front yard requirements for infill development apply Section 36.2-317 No Yes No No Yes Yes No Yes Civic 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 45 50 60 None 40 35 50 (feet) Height Property 45 45 45 1 foot 1 foot 40 35 60 maximu abutting a for for m (feet) residential each each district foot of foot of setbac setbac k from k from any any abuttin abuttin g g residen residen tial lot tial lot Property not 45 45 None None None 40 35 60 abutting a residential district Floor area ratio 1.0 5.0 5.0 5.0 15.0 Non None None maximum e Impervious surface 70 100 85 80 100 80 15 100 area 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 587 Maximum building None 15,00 None None None Non None None footprint (square feet) 0 e Section 36.2 319 50 25 2-5 0 Minimum greund floor facade trartsp-arenGy (percentage of facade area) Section Ground 15 50* 50 : r :c 15 None 15 36.2-319 floor Building placement and façade transparency standards Upper (minimum floors transparency , percent of façade area) 15 20 20 None 20 15 None 15 Minimum tree canopy 10 0 10 10 0 10 20 0 (percentage of lot area) *Except townhouses and multifamily dwellings, minimum façade transparency for these uses is 20 percent. 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 requirement. 588 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 along the entire frontage(s) where the maximum frontage would otherwise be applicable. 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 fifty (50) percent of the civic space shall consist of a -plaza or • . . ! .. . - -- - - - - - -- . - - . . - - following amenities: fountains, sculptures, trellises, planted beds, or clocks; and Eighty-five percent (85%) of the total civic space shall be directly accessible to and visible from the abutting street where the maximum front yard applies, but in no instance more than 3 feet above or below the level of the adjoining right-of-way. Walls higher than 3 feet are not permitted along that portion of frontage that is needed for access to the civic space. Required entryways and steps into the civic space shall be at least 15 feet wide. Steps must have a maximum riser height of 6 inches and a minimum tread depth of 12 inches. The balance of the civic space shall include one (1) tree per three hundred fifty(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 groundcover. At least forty (40) percent of the civic space shall consist of an open plaza or courtyard. (d) At least twenty (20) percent of the civic space shall consist of spaces adjacent to the open plaza/courtyard with seating. One (1) linear foot of seating for each fifty (50) square feet of plaza or courtyard must be provided. Movable chairs will count for 30 inches of linear seating per chair. (e) At least thirty (30) percent of the civic space shall consist of landscaped area. Such area shall include one (1) large deciduous tree for each 500 square feet of landscaped area or portion thereof up to 2000 square feet. One additional large deciduous tree shall be required for each additional 1,000 square feet of civic space. One (1) deciduous or evergreen shrub shall be provided for each ten (10) square feet of landscaped area with vegetative groundcover or one (1) square foot of planted bed for each ten (10) square foot of landscaped area with vegetative groundcover on remaining space. 589 (f) Two of the following amenities shall be provided within the civic space: ornamental fountains, waterfalls, sculpture, art, performance spaces, monuments, or trellises. Sec. 36.2 319. Facade treatment. In districts where a minimum percentage of ground floor facade transparency is specified in Section 36.2 316, the ground floor facade(s) of the building shall have the greater than three (3) feet above the grade of the adjacent sidewalk or the finished these requirements: (a) Interior lot: Provide at least one (1) entrance and the minimum transparency on the building facade facing the public street frontage. (b) Corner lot: Provide at least one (1) entrance and provide the minimum maximum yard requirement is met. Any other building facades facing a public street frontage shall have a minimum of one half (1/2) the specified • .. e • - - - - - - transparency on the building facade facing the frontage on which the maximum yard requirement is met. The minimum percentage specified of the primary building facade shall be transparent from the street through Sec. 36.2-319. Building placement and facade transparency standards for multiple purpose districts. (a) Building placement and facade transparency requirements for each lot type. 590 Table 319-1. Building Placement and Facade Transparency Requirements Lot T_ ype Interior(1 Corner (2 Corner (3 or Through frontage) frontages) more frontages) Building Meet the Meet the Meet the Meet the placement maximum maximum yard maximum yard maximum yard yard along the along the primary along the primary along the street street frontage and street frontage primary street frontage along the and along one frontage intersecting street intersecting street frontage frontage Ground floor Provide the Provide the Provide the Provide the transparency specified specified specified specified for principal percentage in percentage in percentage in percentage in structures Section 36.2- Section 36.2-316 Section 36.2-316 Section 36.2- (minimum) 316 on the on the façade on the façade 316 on the facade facing facing the primary facing the façade facing the street street frontage. primary street the primary frontage. frontage. street frontage._ On the facade facing the On the façade intersecting street, facing the provide half the intersecting street area required for on which the the primary maximum yard is facade. also applied, provide half the area required for the primary facade. Upper floor Provide the Provide the Provide the Provide the transparency specified specified specified specified for principal percentage in percentage in percentage on percentage in structures Section 36.2- Section 36.2- the facade in Section 36.2- (minimum) 316 on the 316on the facades Section 36.2-316 316 on the façade facing facing the primary facing primary facade facing the street street and the street and on the the primary frontage. intersecting street, façade facing the street frontage. intersecting street on which the maximum yard is applied. 591 (b) For corner and through lots, the primary street frontage shall be determined by the zoning administrator based on the classification of the street (local, collector, or arterial) from the Roanoke's Street Hierarchy Map in the City of Roanoke Street Design Guidelines. The street with the most intensive classification shall be determined to be the primary street. Arterial streets are considered the most intensive classification and local streets the least intensive. The zoning administrator may determine an alternative primary street frontage based on: (1) Actual traffic counts provided by the Virginia Department of Transportation, the City of Roanoke, or the developer of a project through a documented traffic study. (2) Orientation of other buildings along the adjacent street frontages. (3) Specific direction from a City Council adopted neighborhood plan, area plan, or corridor plan. (c) For purposes of calculating the minimum facade transparency, the overall area of a facade shall be calculated as identified below for ground and upper floors. The minimum required transparency shall then be calculated by applying the minimum facade transparency percentages from Section 36.2-316 to the calculated overall facade. (1) Ground floor - The linear width of the ground floor facade multiplied by an assumed height of ten (10) feet. (2) Upper floors — The linear width of the upper floor multiplied by an assumed height of eight (8) feet. (d) The facade facing a primary street frontage shall contain a primary entrance with the threshold located at the grade of the adjacent sidewalk or at the adjacent grade when not abutting a sidewalk, except as follows. The primary entrance in the MX or IN District may be above the finished grade of the adjacent sidewalk or adjacent grade of the site. The entrance shall be accessible during normal business hours to employees and customers/patrons of the building occupant. (e) Arrangement of transparency on a facade facing a primary street frontage. (1) At least 60 percent of the specified ground floor transparency shall be located within a horizontal zone of the facade located between 2 feet and El 8 feet above the finished floor elevation where the primary entrance is located. Such transparency shall begin at a height no greater than three feet above the finished floor elevation of the primary entrance. 592 (2) Transparency shall be arranged so that no more than 20 linear feet of ground floor building façade is void of transparency. (3) No more than 30 percent of the required transparent area between 2 feet and 8 feet in height above the finished floor elevation of the primary entrance may be covered by opaque or semi-opaque materials, such as window or door signs or tinting. (4) No wall or other permanent visual obstruction shall be located within 24 inches of the interior of the specified transparent area. Merchandise displays facinq the street or operable blinds, shades, or curtains shall not be considered permanent visual obstructions. DIVISION 3. INDUSTRIAL DISTRICTS Sec. 36.2-322. Use Table for Industrial Districts. District I-1 1-2 AD Supplemental Regulation Section Accommodations and Group Living Uses Hotel or motel P Commercial Uses: Office and Related Uses Business service establishment, not otherwise listed P Employment or temporary labor service P Financial institution P P Laboratory, dental, medical, or optical P P P Laboratory, testing and research P P P Office, general or professional P Office, general or professional, large scale P P Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no outdoor pens or runs P Animal hospital or veterinary clinic, with outdoor pens or runs S Caterer, commercial P Drive-through facility P 36.2-409 593 Kennel, no outdoor pens or runs P Outdoor advertising sign P P 36.2-675 Pet crematorium P Studio/multimedia production facility P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food production, retail P 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 establishment P Commercial motor vehicle sales and service establishment, P 36.2-407 new Commercial motor vehicle sales and service establishment, P 36.2-407 used Contractor or tradesman's shop, general or special trade P P 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 otherwise listed P Internet Sales Establishment P P Janitorial services establishment P Lumberyard P P Manufactured or mobile home sales P Motor vehicle rental establishment, without inventory on-site P P Motor vehicle rental establishment, with inventory on-site P P Motor vehicle repair or service establishment P P 36.2-419 Nursery or greenhouse, commercial P Recreational vehicle or boat sales P Retail sales establishment, not otherwise listed P P Storage building sales P Industrial Uses Asphalt or concrete plant S Bakery, confectionary, or similar food production, wholesale P P Biosolids field S 594 Building supplies and materials, wholesale P P P Commercial printing establishment P P P Composting facility S Contractor's shop, heavy construction P P Dairy products, processing, bottling, and wholesale P P distribution Electrical component assembly, wholesale distribution P P P Fuel oil distribution S P Fueling station, commercial or wholesale P P Junkyard S S 36.2-414 Manufacturing: Beverage or food processing, excluding P P poultry and animal slaughtering and dressing Manufacturing: Chemical, refining or processing, including S 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 processing, not P P otherwise listed in this table Manufacturing: General, not otherwise listed in this table P P P Manufacturing: Steel or metal production, fabrication, or S P P processing Manufacturing: Wood products P Meat packing and poultry processing S Milling or feed and flour mills S S Motor vehicle or trailer painting and body repair S P 36.2-418 Quarry S Recycling center S S 36.2-414 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 595 Mini-warehouse P P P 36.2-415 Storage of commercial motor vehicles P P Storage of motor vehicles for rental (no on-site rental or P P leasing facility) Tank farm, petroleum bulk station and terminal, or other S aboveground 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 abutting a residential P P district Go-cart track S Health and fitness center P P P Paint ball facility, outdoor S Recreation, indoor P Public, Institutional, and Community Uses Artist studio P Community garden P P P 36.2-407.1 Educational facilities, business school or nonindustrial trade P P school Educational facilities, industrial trade school P P Fire, police, or emergency services P P Government offices or other government facility, not P P otherwise listed Military reserve or National Guard center P P Post office P P Supply pantry P Training facility for police, fire, or emergency services P P Transportation Uses Airport or airport-related commercial and personal service P uses Bus maintenance, including repair and storage P P Limousine service P P P 4.• Motor freight terminal or truck terminal P P P 596 Parking lot facility P Parking, off-site P P P 36.2-652 Railroad freight yard, repair shop, and marshalling yard P Taxicab business P P P Utility Uses Broadcasting studio or station P Broadcasting tower S S 36.2-432 Hazardous materials facility S Utility distribution or collection, basic P P P Utility distribution or collection, transitional P P S Utility generation or treatment P Utility maintenance and service facility P P Wireless telecommunications facility S P S 36.2-432 Wireless telecommunications facility, stealth P P P 36.2-432 Agricultural Uses Agricultural operations SP SP SP Animal shelter P P Accessory Uses Accessory uses, not otherwise listed in this Table P P P 36.2-403 Outdoor storage P P P 36.2-423 Portable storage container P P 36.2-403 Recycling 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. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted. 597 Sec. 36.2-323. Dimensional regulations for industrial districts. Lot area (square feet) Minimum 10,000 20,000 20,000 Maximum None None None Lot frontage (feet) Minimum 100 100 100 Maximum None None None Front yard (feet) Minimum 0 0 0 Maximum 30None None None Side yard minimum (feet) 0 0 0 Rear yard minimum (feet) 0 0 0 Accessory structure minimum setback from 0 0 0 rear and side lot lines (feet) e - • . -- 40 60 60 Height maximum (feet) Property abutting a 1 foot for each foot of setback from any residential district abutting residential lot Property not None abutting a residential district Floor area ratio maximum 2.0 2.0 2.0 Impervious surface ratio maximum 90 90 70 (percentage of lot area) Minimum Parking requirement applies Yes Yes Yes Minimum tree canopy (percentage of lot area) 10% 10% 0% 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 requirement. DIVISION 4. PLANNED UNIT DEVELOPMENT DISTRICTS. * * * ID 598 Sec. 36.2-327. Use table for planned unit development districts. MXPUD INPUD IPUD Supplemental Regulation Section Residential Uses Dwelling, single-family attached P Dwelling, single-family detached P Dwelling, two-family P Dwelling, multifamily P P Dwelling, townhouse or rowhouse P 36.2-431 Accommodations and Group Living Bed and breakfast P P 36.2-405 Dormitory P Group care facility, congregate home, P P 36.2-412 elderly, Group care facility, congregate home, not P 36.2-412 otherwise listed Group care facility, group care home P 36.2-412 Group care facility, halfway house P 36.2-412 Group care facility, nursing home P P 36.2-412 Group care facility, transitional living facility P 36.2-412 Group home P P Hotel or Motel P P Commercial Uses: Office and Related Uses Blood bank or plasma center P Business service establishment, not P P P otherwise listed Financial institution P P P Laboratory, dental, medical, or optical P P P Laboratory, testing and research P P Medical clinic P P Office, general or professional P P P Office, general or professional, large scale P P P Outpatient mental health and substance S abuse clinic ralimm.... ---------'[. 599 Commercial Uses: Miscellaneous Animal hospital or veterinary clinic, no P outdoor pens or runs Caterer, commercial P Community market P Drive-through facility P P P 36.2-409 Drive-through kiosk P 36.2-409 Live-work unit P P 36.2-416 Mixed use building P P 36.2-416 Studio/multimedia production facility P P P Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food P P P production, retail Building supplies and materials, retail P P P Contractor or tradesman's shop, general or P P P special trade Dry cleaning and laundry pick-up station P P P Dry cleaning plant or commercial laundry P General service establishment, not P P P otherwise listed Laundromat P P Lumber yard P Motor vehicle rental establishment, without P inventory on-site Motor vehicle rental establishment, with P inventory on-site Nursery or greenhouse, commercial P Personal service establishment, not P P otherwise listed in this table Pet grooming P P Retail sales establishment, not otherwise P P P listed Industrial Uses Bakery, confectionary, or similar food P production, wholesale 11.0 Building supplies and materials, wholesale P 600 Commercial printing establishment P Contractor's shop, heavy construction P Dairy products, processing, bottling, and P wholesale distribution Electrical component assembly, wholesale P distribution Fuel oil distribution P Fueling station, commercial or wholesale P Manufacturing: Beverage or food P processing, excluding poultry and animal slaughtering and dressing Manufacturing: Chemical, refining or P processing, not otherwise listed in this table Manufacturing: General, not otherwise P listed in this table Manufacturing: Steel or metal production, P fabrication, or processing Milling or feed and flour mills P Welding or machine shop P Warehousing and Distribution Distribution center, not otherwise listed P Warehouse P Assembly and Entertainment Uses Amphitheater P P Amusement, commercial, indoor P Botanical garden or arboretum P P Club, lodge, civic, or social organization P P Community center P P Eating establishment P P P Eating and drinking establishment, not P P P abutting a residential district Eating and drinking establishment, abutting P P P a residential district Entertainment establishment, abutting a P P P residential district Entertainment establishment, not abutting a P P P residential district 601 Golf course P Health and fitness center P P Meeting hall P P Park or playground P P Place of worship P P Recreation, outdoor P P Sports stadium, arena, or coliseum P Public, Institutional, and Community Uses Aquarium or planetarium P Artist studio P P P Community food operation P Community garden P P P 36.2-407.1 Day care center, adult P P Day care center, child P P 36.2-408 Day care home, child P P Educational facilities, business school or P P P nonindustrial trade school Educational facilities, college/university P Educational facilities, P elementary/middle/secondary Educational facilities, industrial trade school P Educational facilities, school for the arts P P Fire, police, or emergency services P Government offices or other government P P facility, not otherwise listed Hospital P Library P P Military reserve or National Guard center P P Museum P P Post office P P Supply pantry P Training facility for police, fire, or P P ,- emergency services Transportation Uses it 602 Bus maintenance, including repair and P storage Motor freight terminal or truck terminal P Parking, 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 Hazardous materials facility S S Utility distribution or collection, basic P P P Utility distribution or collection, transitional S P P Utility maintenance and service facility P Wireless telecommunications facility P P P 36.2-432 Wireless telecommunications facility, stealth P P P 36.2-432 Agricultural Uses Agricultural operations P P P Accessory Uses Accessory uses, not otherwise listed in this P P P 36.2-403 Table Accessory apartment S P 36.2-402 Home occupation, excluding personal P P 36.2-413 service Home occupation, personal service P P 36.2-413 Outdoor recreation facility lighting or sports S S 36.2-403 stadium lighting Outdoor storage P 36.2-423 Portable storage container P 36.2-403 Recycling collection point P 36.2-403 Resident manager apartment P P 36.2-403 Temporary health care structure Wind turbine, commercial S S S 36.2-403 Wind turbine, small 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. 603 Sec. 36.2-328. - Dimensional regulations for planned unit development districts. District MXPUD INPUD IPUD Minimum size of district (acres) None 2None 5 Minimum lot area per dwelling unit (square feet) 1,800 1,800 None Lot area minimum (square feet) Specified on the development plan for Lot frontage minimum (feet) the district Front yard minimum (feet) Side yard minimum (feet) Rear yard minimum (feet) Height maximum (feet) Usable open space (percentage of lot area) Accessory structure minimum setback from rear and side lot lines (feet) Minimum parking requirement Impervious surface ratio maximum (percentage 80 80 80 of lot area) Minimum tree canopy (percentage of lot area) 15 10 10 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 requirement. DIVISION 5. OVERLAY DISTRICTS Sec. 36.2-332. Neighborhood Design Overlay District (ND). * * * (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 District ND): (1) Building location and massing: * * * 604 (D) Where lots on both sides have dwellings, the height of the foundation facing the street shall be no more than twenty (20) percent greater than the height of the tallest adjoining foundation and shall be no less than 4 twenty (20) percent below the height of the shortest adjoining foundation. Where a dwelling exists only on one (1) side, the foundation height shall be within twenty (20) percent of the height of that adjoining dwelling. However, when the first floor of a dwelling meets the standards for accessibility in accordance with the Internation Code Commission document A117.1-2009 — Accessible and Usable Buildings and Facilities, the height of the foundation shall be within forty (40) percent of adjoining foundation heights rather than twenty (20) percent. Such measurements shall be taken at comparable locations on the respective foundations (i.e. left side, right side). There is no foundation height requirement where no dwellings exist on either adjoining lot. (3) Entrances and windows: (G) A sidewalk at least feu-r--(44 three (3) feet in width shall be provided between the front porch of a new dwelling and the street. The sidewalk shall be constructed of an impervious material customarily used for sidewalks in the district. * * * (6) Garages and additions a . . . . - : - - - (A) An attached or detached garage or carport shall be offset at least twenty-four (24) inches behind the front façade of the dwelling. The baiy—deef—ef—ah—afta - -e e . .e - . . - . yard--Bay doors facing a street shall have panel insets or windows. An attached garage shall not make up more than 33 percent of the front facade of the dwelling. LB) An addition to an existing dwelling shall be located on the rear or side of the dwelling, except a porch constructed in accordance with Section 36.2-332(c)(5) may be added to the front of the dwelling. An addition to the side of a dwelling shall be set back from the dwelling's front face by twenty-four (24) inches or more. When an existing dwelling does not have a front porch, an addition may be constructed on the front of the dwelling if it includes a front porch constructed in accordance with Section 36.2- 332(c)(5). 605 ARTICLE 4. SUPPLEMENTAL REGULATIONS. Sec. 36.2-403. Accessory uses and structures. * * * (c) Setbacks. Except for fences, walls, arbors, trellises, or outdoor light support structures, or as otherwise provided in this section, accessory s tructures, other than including refuse dumpster enclosures, shall belocated no closer to any street than the principal building,--except. Exceptions to this provision apply as follows but are not applicable to refuse dumpster enclosures: (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. (2) In the case of any corner lot with two (2) street frontages, such requirement shall not apply to a second front yard. * * * (h) Recycling collection points. Recycling collection points, where permitted as accessory uses by this chapter, shall be subject to the following regulations: * * * (3-) -- - - . . - - . 1 - • . - - . - - - -•be screened from •• . • . . . - •. - - . - - - . e . - . . . - . • • in Section 36.2 64 * * * (k) Portable storage containers. Portable storage containers shall be permitted by right as accessory uses as set forth in the Use Tables in Article 3 of this chapter, subject to the following supplemental regulations: * * * 606 : - - - - - - e • - . - - - • a strcct shall • -e - . - •-: in Section 36.2 647(b); and * * * Sec. 36.2-404. Adult Uses * * * (b) Definitions. In this section, unless the context otherwise requires, the following words and terms are defined as set out below: * * * Adult entertainment establishment: An eating establishment, eating and drinking establishment, entertainment establishment, private club or similar establishment which features, on a regular basis, live performances involving persons who display specified anatomical areas or engage in specified sexual activities where such performances occur on more than one day in a 30-day period. * * Adult use: Any adult bookstore, adult entertainment establishment, adult motion picture theatre, adult mini-motion picture theatre, adult motion picture arcade, adult model studio, adult drive-in theatre, or massage parlor, as defined in this subsection. * * * Section 36.2-406. Car wash. * * * (b) Standards •(a-) • --- .-- - - - - - • e • -: - - e. • - - - - - wed 647(c). (2)(1) Stacking spaces and stacking lanes shall be subject to the requirements of Section 36.2-409, Drive-through facilities. (2) Discharge of wash water to the ground or storm drain system is prohibited. 607 Sec. 36.2-407. Commercial motor vehicle sales and service, new or used. (- -. .8 . •••_: . - .8 -• - :• -: - , - e. • - - - - - - - 647(c (d-)(c) A new or used commercial motor vehicle sales and service establishment shall require a minimum lot area of twenty thousand (20,000) square feet designated for such use. Section 36.2-407 1. Community Gardens. (a) Purpose: Establish standards for community gardens to ensure compatibility between these small-scale agriculture uses and other adjacent uses. (b) Applicability. The supplemental regulations set out in this apply to all new community gardens and expansions of existing community gardens. (c) Standards. (1) Maximum lot area for community garden shall be 20,000 square feet in all residential districts, except the RA District. The maximum lot area for a community garden shall be 40,000 square feet in all other districts. (2) All sheds, greenhouses, shelters, and similar structures associated with a community garden shall be considered accessory to the garden and subject to the yard requirements for accessory structures in the base zoning district. (3) No accessory structure as identified in item (2) above shall be located closer to a street than the minimum front yard of the zoning district or the minimum front yard established by Section 36.2-313, when applicable. For corner lots, this requirement shall apply to only one street frontage. (4) The maximum footprint of all accessory structures as identified in item (2) above shall be limited to ten (10) percent of the lot area of the community garden. The maximum size of any single accessory structure shall be limited to fifty (50) percent of the maximum footprint allowed. In no case shall the number of accessory structures exceed five. 608 (5) In districts where signs are otherwise prohibited, a non-illuminated identification sign for a community garden, not exceeding eight square feet in area and four feet in height if freestanding, is permitted on each lot frontage in accordance with the provisions of Article 6 of this Chapter. (6) Any outdoor lighting shall be less than or equal to eight feet in height and shall be 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 in residential districts. (7) When not otherwise permitted by the base zoning district, up to four public events may be held during each 12-month period. Sec. 36.2-410. Fences, walls, arbors, and trellises. * * * (b) Fence and wall standards. (1) No fence or wall that exceeds a height of thirty 0) thirty six (36) inches from graded ground level shall be permitted within a sight distance triangle. * * * (4) Provision of barbed wire and razor wire (A) Barbed wire and razor wire are prohibited in all residential districts, except that barbed wire is permitted to contain animals associated with an agricultural operation in the RA district. (B) Barbed wire and razor wire may be used on top of any wall or fence in any multiple purpose district, industrial district or planned unit development provided that: (i) Such wall or fence is at least six feet in height; (ii) That the barbed wire or razor wire is installed on arms or brackets extending from the top of such wall or fence inwardly over the private property or if projecting outwardly, that the arms, brackets and wire do not project over a public right-of-way or other public access; 609 (iii) That not more than three strands of barbed wire shall be so installed; and (iv) The first strand shall be at least six inches from the face of the wall or fence. Sec. 36.2-411. Gasoline stations. * * * forth in Section 36.2 647(c). 4c4(c)-Ael-ditienal-sStandards in the CG, CLS, and I-1 Districts. In addition to the - - . •. . . - •• . . - -.. -, .Any gasoline station located in the Commercial-General District (CG), Commercial-Large Site District (CLS), or Light Industrial District (I-1), shall be subject to the following standards for any canopy over a gas pump island: (1) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (2) There shall be no illumination of any portion of the fascia of the canopy; (3) Any lighting fixtures or sources of light that are a part ofthe underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site. (4) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; and (5) Signs attached to or on such canopy shall not be illuminated and shall not extend beyond the ends or extremities of the fascia of the canopy to which or on which they are attached. (ed) Additionaf-sStandards in the CN and D Districts. In addition to the general . . . - - - .bsection (c) above, aAny gasoline station located in the Commercial-Neighborhood District (CN) or Downtown District (D), shall be subject to the following standards: 610 (1) Any canopy over a gas pump island shall be subject to the following standards: (A) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet six (6) inches and a maximum overall height not to exceed sixteen (16) feet six (6) inches; (B) There shall be no illumination of any portion of the fascia of the canopy; (C) Any lighting fixtures or sources of light that are a part of the underside of the canopy shall be recessed into the underside of the canopy so as not to protrude below the canopy ceiling. All such lighting associated with the canopy shall be directed downward toward the pump islands and shall not be directed outward or away from the site; (D) The vertical dimension of the fascia of such canopy shall be no more than two (2) feet; (E) No sign shall be attached to or on such canopy; and (F) Such canopy shall be set back a minimum of ten (10) feet from the street. * * Sec. 36.2-412. Group care facilities. * * * (c) Standards. * * * (4) If there is no buffer yard otherwise required by Section 36.2 647(c), on site parking and exterior activity areas for a group care facility shall be - .. - . : :- - _ .. - _. e: . "," : . • - . e as prescribed in Section 36.2 647(b). * * * Sec. 36.2-414. Junkyards, wrecker yards, and recycling centers. * * * 611 (b) Standards. * * * (7) A junkyard, wrecker yard, or recycling center shall require a Category "E," Option 1, buffer yard, as defined in Section 36.2 647(b), along the perimeter of the lot. (87) In addition to the requirements of subsections (1) through (76) above, a wrecker yard shall be subject to the following additional standards: (A) The lot area shall contain a minimum of twenty thousand (20,000) square feet; (B) There shall be no storage of a damaged or inoperative motor vehicle or trailer outside a wholly enclosed building for more than one hundred twenty (120) calendar days, unless documentation satisfactory to the Zoning Administrator is provided that such a damaged or inoperative motor vehicle or trailer is the subject of an on-going law enforcement or insurance investigation or is the subject of a proceeding being pursued as expeditiously as possible by the wrecker service pursuant to Section 43-34 of the Code of Virginia (1950), as amended; and (C) Any parts removed from a damaged or inoperative motor vehicle or trailer shall be stored within a wholly enclosed building. * * * Sec. 36.2-415. Mini-warehouses. * * * (b) Standards. Where permitted by this chapter, mini-warehouses shall comply with the following standards: * * * •--- - . • .. . . „ „ yard, as defined in Section 36.2 647(b), shall be installed along the applicable abutting property lines as set forth in Section 36.2 647(c). (32) The floor area of any storage unit or cubicle shall not exceed four hundred (400) square feet. (43) The maximum length of any single building housing such individual storage units or cubicles shall be two hundred (200) feet. 612 (54) All storage shall be within a completely enclosed building. The outdoor storage of inventory, materials, vehicles, or merchandise shall be prohibited. (65) The distance between mini-warehouse structures shall be a minimum of twenty (20) feet. Where vehicular circulation lanes and parking and loading spaces are to be provided between structures, the minimum separation distance shall be increased accordingly in order to ensure vehicular and pedestrian safety and adequate emergency access. (76) No activities such as the sale, repair, fabrication, or servicing of goods, motor vehicles, appliances, equipment, or materials shall be conducted from mini-warehouse units. (67) The storage of explosive, flammable, or hazardous materials shall be prohibited. Sec. 36.2-418. Motor vehicle or trailer painting and body repair. (c) Additional standards in the I-1 and 1-2 Districts. In addition to the general standard set forth in subsection (a), above, a motor vehicle or trailer painting and body repair establishment in the Light Industrial District (I-1) or the Heavy Industrial District (1-2) shall be subject to the following requirements: * * * (3) The outdoor storage area shall be screened from view from adjacent properties and streets by providing a Category "E," Option 1, buffer yard, Sec. 36.2-419. Motor vehicle repair or service establishment. (a) General standards. Any motor vehicle repair or service establishment permitted by this chapter, regardless of zoning district, shall be subject to the following general standards: 647(6). (21) All repair or maintenance activities shall occur in a wholly enclosed building; 613 la (32) The exterior display or storage of new or used motor vehicle parts is prohibited; and (43) Such establishment shall be limited to the incidental sale of up to five (5) repaired or rebuilt motor vehicles or trailers within one (1) calendar year at that location; however, the sale of repaired or rebuilt motor vehicles or trailers for the purpose of satisfying a lien for services rendered or parts supplied shall not be included in the total of such permitted incidental sales. * * Sec. 36.2-420. Motor vehicle sales and service establishment, new. * * * (c) When abutting a residentially zoned lot, a buffer yard shall be provided along the applicable abutting property lines as set forth in Section 36.2 647(c). (dc) A new motor vehicle sales and service establishment shall require a minimum lot area of forty thousand (40,000) square feet designated for such use, except as provided in subsection (e), below. (ed) A new motorcycle sales and service establishment shall require a minimum lot area of ten thousand (10,000) square feet designated for such use. Sec. 36.2-421. Motor vehicle sales and service establishment, used. Application for a zoning permit for a used motor vehicle sales and service establishment shall require that the applicant submit a basic or comprehensive development plan in compliance with the following supplemental regulations: * * * (c) When abutting a residentially zoned lot, a buffer yard shall be provided 647(c). - - - - (d_) A used motor vehicle sales and service establishment shall require a minimum lot area of fifteen thousand (15,000) square feet designated for such use. �.r * * * 614 Sec. 36.2-423. Outdoor storage. Where permitted by this chapter, outdoor storage shall comply with the following requirements: * * * (d) Outdoor storage areas that are visible from a street shall be screened from view by providing a Category "C" buffer as defined in Section 36.2 647047 ••-. _•• _ identified below shall provide the type of buffer as set forth below and Ab #nn Z nine D+striet Buffer Yard Categor-y-Requiced RA, R12, R7, R5, R3, RM 1, RM2, D RMF;-MXRUD • „ C IPUD, OF 1 1, 12 Not required * * * Sec. 36.2-429. Temporary uses. * * * Table 429-1. Temporary Uses Activity Zoning Maximum Maximum Zoning Districts Duration Number per Permit Where Calendar Required? Permitted Year for Lot Auction Any district 3 calendar days 1 No Christmas tree RA, CN, CG, 60 calendar days 1 Yes sales CLS, I-1, 1-2, OF Construction- Any district For duration of Not Yes related activities or construction activity applicable model home office, subject to subsection (b), below Fireworks stand, CG, CLS, UF 30 calendar days 1 Yes 615 subject to Section 21-207 of this Code Outdoor retail CG, CLS, OF 10 calendar days 4 Yes sales, subject to subsection (c), below Portable storage Any district RA, R-12, R-7, R-5, R-3, See Yes containers, subject RM-1, RM-2, RMF, MX, maximum to subsection (d), MXPUD: 21 consecutive duration below calendar days, limited to one (1) permit per any CN, CG, CLS, 11, 12, D, IN, ROS, AD, INPUD, IPUD, UF: consecutive months, limited to one (1) permit per calendar y ar per lot • 30 consecutive calendar days, except 60 consecutive calendar days when there is a change of residency in a dwelling unit • Limited to 120 days per calendar year. CN, CG, CLS, I-1, 1-2, D, IN, ROS, AD, INPUD, IPUD, UF: • 120 consecutive days. • Limited to 120 days per calendar year per lot. Produce stand (not RA, CN, CG, 90 calendar days, Not Yes applicable to CLS, I-1, 1-2, limited to one (1) permit applicable community UF per any 90-calendar day markets) period per lot PIM INIO 616 Public events, CN, CG, CLS, 14 calendar days Not Yes subject to D, IN, ROS, I- applicable subsection (e), 1 , 1-2, IPUD, below INPUD, OF Yard or Garage Any 2 consecutive calendar 2, with an No Sales, subject to residential days, limited to the interval of at subsection (f), district or daylight hours least 3 below dwelling unit months between sales • Sec. 36.2-430. Towing services. Towing services permitted by this chapter shall be subject to the following standards: (c) The storage area for any damaged or inoperative motor vehicles or trailers • - - - - - •-• cent properties and omo streets by providing a Category "E," Option 1, buffer yard, as defined in Section 36.2 647(b), along the perimeter of the storage area. Sec. 36.2-431. Townhouses and rowhouses. * * * (b) Applicability. The regulations of contained in this section shall be applicabloapply in anythe residential and multiple purpose— zoning districts. in which townhouses or rowhouses are a use permitted as of right or by special exception. (c) Standards. • . - :. • - • • - - - - - - - - co - - - - - - - . tTownhouses and rowhouses shall be subject to the following supplemental regulations: * * * (3) Lot size and lot frontage: The minimum lot ar a and lot frontage as set forth in the zoning district in which it is located. Density, lot size, and frontage: The dimensional regulations of the zoning district as identified in Section 36.2-312 shall apply to the entire development site. Dimensional regulations shall not apply to each individual lot or unit lot. 617 ('l) Density: The permitted density of residential development shall be governed by the density regulations set forth for the zoning district in (5) Yards: The depth of yards shall be governed by the minimum yard requirements of the zoning district in which the townhouse or rowhouse units are located, except that interior townhouse or rowhouse dwelling units shall be exempt from side yard requirements. Where a lot containing townhouse or rowhouse units abuts a lot which is zoned R 12, R 7, or R-5, - - - - - - - - - - e- - - •- . - - - • feet to another townhouse or rowhouse building or accessory structure related to such building. (74) Off street pParking: No off street parking spaces or driveways shall be permitted between a public or private street and any principal building, except when parking is provided for each individual townhouse unit and provided further that the townhouse dwelling units are at least twenty-five (25) feet in width, the driveways are no greater than ten (10) feet in width, and the garage doors are no greater than ten (10) feet in width. Off street Parking spaces may be grouped in bays if not located between a public or private street and any principal building. (8) Usable open space: For multiple townhouse or rowhouse dwelling units•- - - e ••-* - , . .. . . _ . . - - •. lots, a minimum of one hundred (100) square feet of usable open space * * * Sec. 36.2-432. Wireless telecommunications facilities and broadcasting towers. * * * (d) Application requirements. * * * (2) All applicants for a special exception for wireless telecommunications or broadcasting towers shall provide the following at the time of application: r * * * 618 (N) A landscape plan, pursuant-to Section 36.2 432(-e)(-14), showing the locations, species, and size at planting for the landscaping proposed for the wireless telecommunications or broadcasting tower site. (3) All applicants for stealth wireless telecommunications facilities, where permitted as of right by this chapter, shall provide the following at the time of application: * * * (I) A landscape plan, pursuant to Section . - , -showing the locations, species, and size at planting for the landscaping proposed for any ground-mounted equipment. * * * (e) General standards. The following standards shall apply to any wireless telecommunications or broadcasting tower permitted by this chapter as of right or by special exception: * * * (9) All antennae shall be flush-mounted, unless otherwise approved by special exception and all wireless telecommunications and broadcasting towers and associated hardware, antennas, and facilities shall be a flat matted finish so as to reduce visibility and light reflection unless otherwise required by the FCC or FAA. * * * (11) A - - • - . - . -- - - - - - - - _ - - - - • • . faciliities or broadcasting towers, including the base of any such facility. The required buffer yard category shall be as set forth in Section 36.2 es of this section, in those circumstances where Section 36.2 647(c) does not require a buffer yard, a Category "A" buffer yard shall be provided. Existing mature tree growth on the site shall be preserved to the maximum extent possible. In locations where the visual impact of the wireless telecommunications tower would be minimal, the landscaping buffer requirement may be reduced by the Board of Zoning Appeals as part of a special exception approval process. * * * 619 Section 36.2-433. Workshops. (a) Purpose. The purpose of this section is to establish standards for workshops that enable small scale production operations to be established in many districts while protecting adjacent uses from potential negative impacts associated with industrial activity. (b) Applicability. The regulations contained in this section shall be applicable to a workshop in any zoning district in which workshops are a use permitted as of right or by special exception. (c) Standards. In accordance with the general purpose set out in this section, workshops shall be subject to the following supplemental regulations: (1) The maximum gross floor area occupied by a workshop shall be limited to 2,000 square feet in all zoning districts. (2) All processing, manufacturing, and assembly shall occur within a fully enclosed building. ARTICLE 5. PROCEDURES. DIVISION 5. DEVELOPMENT PLANS. * * * Sec. 36.2-551. Development plans, generally. * * * (b) Combination of lots. When a basic or comprehensive development plan involves multiple lots of record, internal lot lines shall be vacated, relocated, or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision to create a single lot of record. This requirement may be waived by the zoning administrator whenever a new building is not being erected across a lot line, and the new construction consists entirely of a fence, a ramp for handicap accessibility, an addition to an existing single family dwelling, or an accessory structure whenever the existing dwelling or accessory structure is already located on a lot line. * * * 620 Sec. 36.2-552. Basic development plans. (a) Applicability. In those circumstances where one of the following activities is proposed, and where the provisions of Chapter 11.4, Stormwater Management, of this Code are not applicable, a basic development plan shall be submitted with all zoning permit applications: * * * (5) Additions of less than two thousand (2,000) square feet of impervious surfaces other than rooftops or parking areas. (6) Establishment, relocation or expansion of a community garden, including construction, reconstruction or moving of an accessory structure and associated grading and clearing. (b) Filing of plan. The applicant shall file a basic development plan with the Zoning Administrator, pursuant to the submittal requirements of Section B-1, Appendix B. The zoning administrator may authorize the omission of certain elements of a basic development plan when such information is not necessary to determine compliance with applicable development regulations. * * * Sec. 36.2-553. Comprehensive development plans. * * * (b) Filing of plan. The applicant shall file a comprehensive development plan with the Zoning Administrator. Such comprehensive development plan shall be prepared in a clear and legible manner, shall be drawn to scale, and shall comply with the submittal requirements of Section B-2, Appendix B. The zoning administrator may authorize the omission of certain elements of a comprehensive development plan when such information is not necessary to determine compliance with applicable development regulations. The comprehensive development plan shall be referred to the Agent to the Planning Commission for review and approval in accordance with subsections (c) and (d), below. * * * 621 DIVISION 6. SPECIAL EXCEPTIONS, VARIANCES, AND APPEALS Sec. 36.2-560. Special exceptions. (b) Procedures. (1) Applications for special exceptions may be made by any property owner, tenant, government official, department, board, or bureau. Such application shall be filed with the Zoning Administrator in accordance with rules adopted by the Board of Zoning Appeals. Upon receipt of a complete application for a special exception, the Board of Zoning Appeals shall hold a public hearing after giving notice as provided in Section 15.2-2204, Code of Virginia (1950), as amended. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first-class mail rather than by registered or certified mail . In addition to meeting the requirements of 15.2-2204, the Zoning Administrator shall erect a sign indicating the nature of the special exception requested, identification of the subject property, and the time, date, and place of such public hearing at least ten (10) business days prior to the public hearing before the Board of Zoning Appeals. No special exception shall be authorized except after such application, notice, and public hearing. The expense of legal advertisement required by Section 15.2-2204 shall be borne by the applicant. * * * ARTICLE 6. DEVELOPMENT STANDARDS. * * * DIVISION 1. UTILITIES. Sec. 36.2-610. Utilities. In all zoning districts, all utility service laterals or service lines associated with a basic or comprehensive development plan shall be located underground; however, utility service laterals or service lines may be located above ground to the point of connection when routed directly to the rear of the structure by way of an alley or utility easement where there are existing overhead distribution lines. All transformers required to serve a development and located on the property associated with a basic or wit comprehensive development plan may be located above ground but shall be surface mounted on pads on the ground. Such surface mounted transformers shall be subject to the screening requirements of Section 36.2 649(b). 622 DIVISION 2. OUTDOOR LIGHTING * * * Sec. 36.2-622. Exempt lighting. The following outdoor lighting shall be exempt from the requirements of this division: * * * (k) Lighting required for servicing or repair of equipment, provided that such lighting is normally off, only used during infrequent emergency conditions, and that lighting is aimed, directed or shielded to provide illumination only of the area requiring the lighting. Such lighting shall be mounted on the equipment or structure that requires the lighting. (I) Flood lights mounted on single family dwellings, two-family dwellings, townhouses, row houses and multifamily dwellings with four or fewer units provided that the lighting is mounted to the structure below the eaves or parapet, is designed to provide light in a concentrated distribution rather than a broad distribution of light in all directions, and is aimed, directed or shielded so as not to present glare on abutting lots or streets and to minimize spill light trespassing upward or across lot lines. * * * DIVISION 4. LANDSCAPING AND SCREENING * * * Sec. 36.2-642. General landscaping and screening standards. * * * Table 642-1. Trees: Approved Plant List, Minimum Size at Planting, 20-Year Canopy, and Suitability Common Name Botanical Name Minimum Minimum Canopy Suitability* Height at Caliper at at Planting Planting 20 Years (sq. ft.) Evergreen Trees Cedar, Deodar Cedrus deodara 5' 177 C, B 623 Cedar, Eastern Red Juniperus virginiana 5' 38 B. '-- Cypress, Leyland X Cupressocyparis 5' 113 B leylandii Holly, American Ilex opaca 5' 38 C, B Magnolia, Southern Magnolia grandiflora 5' 177 C, B Pine, Eastern White Pinus strobus 5' 177 C, B Spruce, Colorado Picea pungens 5' 113 C, B Blue Spruce, Norway Picea abies 5' 177 C, B Spruce, White Picea glauca 5' 113 C, B Large Deciduous Trees Beech, American Fagus grandifolia 2" 177 C Beech, Copper Fagus sylvatica cuprea 2" 177 C Birch, River Betula nigra 2" 254 P, C Black Gum/Tupelo Nyssa sylvatica 2" 177 C Elm, Lacebark Ulmus parvifolia 2" 254 P, C Ginkgo (Male Ginkgo biloba (Male 2" 133 P, C Variety Only) Variety Only) Honey Locust, Gleditsia triacanthos 2" 314 C "Shademaster" "Shademaster" Japanese Pagoda Sophora japonica 2" 254 C tree Japanese Zelkova Zelkova serrata 2" 177 P, C Linden, American Tilia Americana 2" 314 C Linden, Little Leaf Tilia cordata 2" 177 P, C London Planetree Platanus acerfolia 2" 380 P, C Maple, Red Acer rubrum 2" 314 P, C Maple, Sugar Acer saccharum 2" 314 P, C Oak, Chestnut Quercus prinus 2" 254 C Oak, Northern Red Quercus rubra 2" 254 P, C Oak, Pin Quercus palustris 2" 254 P, C Oak, White Quercus alba 2" 254 C Oak, Willow Quercus phellos 2" 254 P, C Redwood, Dawn Metasequoia 2" 177 C glyptostroboides 624 Tuliptree Liriodendron tulipifera 2" 254 C Small Deciduous Trees Cherry, Comelian Cornus mas 5' 113 C, B Cherry, Kwanzan Prunus serrulata 2" 177 P, C Flowering 'Kwanzan' Cherry, Yoshino Prunus yeodensis 2" 177 P, C Dogwood, Cornus florida 5' 177 P, C Flowering Dogwood, Kousa Comus kousa 5' 177 P, C Goldenraintree Koelreuteria paniculata 2" 177 P, C Hawthorn, Crataegus 5' 113 C, B Washington phaenopyrum Hophombeam, Ostrya virginiana 2" 201 C American Hombeam, Carpinus caroliniana 2" 177 C American Maple, Amur Acer ginnala 2" 113 C, B Maple, Hedge Acer campestre 2" 177 P, C, B Maple, Japanese Acer palmatum 5' 177 C Maple, Trident Acer buergerianum 2" 177 C Myrtle, Crape Lagerstroemia indica 5' 113 P, C Redbud, Eastern Cercis Canadensis 5' 177 P, C Serviceberry Amelanchier arborea 5' 201 C Sourwood Oxydendrum arboreum 5' 113 C White Fringetree Chionanthus virginicus 5' 113 C Source for Tree Canopy Coverage at 20 Years: Virginia Nursery & Landscape Association, Inc. * Suitability Key for Table 642-1: P = Parking Areas or Street Yard Trees C = Tree Canopy for Overall Site B = Buffer Yards * * * --, (a) Buffer yard requirements, generally. Where buffer yards are required by this section, the following standards shall apply: �� 625 (1) Buffer yard areas may be included within setback and other yard requirements specified in this chapter for each zoning district. (2) Buffer yards shall be reserved solely for screening and landscaping. No type of physical land improvement shall be located in a buffer yard; however, a driveway may cross a buffer yard if it is necessary for safe and convenient access to the development site. (3) Buffer yards shall contain the screening or planting materials as required in subsection (b) below, Table 647 1, and the balance of the buffer yard shall be planted in grass or other ground cover. (b) Buffer yard requirements, by category. There shall be five (5) categories of buffer yards, as established in Table 647 1, with each category providing two (2) options for requirements for buffer yard width and plant materials or screening. The applicant may plant new trees or plants, or preserve existing trees or plants that meet the criteria of Table 6471, or a combination thereof, in order to meet the planting requirements of this section. • . . . . Buffer Option 1 Option-2 Yard Gatege FY A 6-foot high screening 5 foot wide buffer yard One row of evergreen trees 5 foot wide buffer Evergreen trees and one row of evergreen shrubs Yard Evergreen trees Evergreen trees and one row of evergreen shrubs Yard Evergreen trees 6-foot high screening e __ . . • - 15 foot wide buffer Evergreen trees and one row of evergreen shrubs Yard Evergreen trees E 8 foot high screening .9 .. e. • - . 626 20 foot wide buffer Evergreen trees, yard Evergreen trees and large deciduous trees Rules of Interpretation for Table 647 'f (-1-) - The buffer yard categories e;tab • - _ •• • . . - . -: .fired as set forth in Section 36.2 647(c), Table 647 2. (2) Screening shall meet the standards of Section 36.2 642(c). (3) Screening heights are minimum height requirements.•- - - - . . _ . . • - - • - - - - - -material. (5) Required planting materials shall be provided at the following- density standards: (a) Evergreen trees: One (1) tree per eight (8) lin ar feet, or portion thereof, in buffer yard categories A, B, C, and D; One (1) tree per twenty (20) linear feet, or portion thereof, in buffer yard category E. •""o (b) Small deciduous trees: One (1) tree per twenty (20) linear feet, or portion thereof. (c) Large deciduous trees: One (1) tree per thirty (30) linear feet, or portion thereof, (d) Evergreen shrubs: Three (3) feet on center or less. (c) Where buffer yards are required. Buffer yards shall be applied along side and roar lot lines as set forth in Table 647 2. For purposes of this subsection, abutting lots shall not include lots separated by a street, an alley shall be considered abutting lots for purposes of this subsection . •: •. . .•- - - .irements for buffer yards. r L 627 Zoning District of the e • . !' . A : . -: Zoning Lot(s) on RA, R RrcM CN, D, GG GLS, 11, I AD Which 12, R RMF MX,IN, IPUD 2 Development-is 7, R 5, INPUD, Proposed R 3, MXPUD, RM 1, U-F ROS — - — — R 3, RM 1, ROS (1) RM 2, RMF (2) — — B C C i CN, D, MX, IN, OF G B — — — — - (3) CG- (4) D C A — — —GL-S-(-5-) D C B — — — — I- 1 (6) 12 (7) € € C C C — — AD (8) — — — — — - MXPUD, INPUD, To be determined by approval of PUD — IPUD (9) - - • - - ' . - : - : - :• : (1) "A", "B", "C", "D", and "E": Buffer yard categories as established in Table 647 1. (2) A dash (" ") means no buffer yard shall be required. Sec. 36.2-647. Buffering and screening. (a) Buffering or screening shall be provided for certain activities and uses as specified in Table 647-1 except for parking areas which is contained in Section 36.2-648. The required buffering and screening materials shall be provided in accordance with Section 36.2-649. 628 (b) Except where specified otherwise, buffering and screening shall be installed in side and rear yards behind the building line of the lot being developed such that it reduces the visual impact of the structures, activities, or uses on abutting properties and public rights-of-way, as applicable, considering sight lines from those abutting properties and public rights-of-way, as applicable. (c) For purposes of this section, abutting lots shall not include lots separated by aright of way containing a street, river or creek, or railroad line. Lots that would abut if not for their separation by an alley shall be considered abutting lots for purposes of this section and shall be subject to these buffering and screening requirements. Table 647-1. Buffering and Screening Of Certain Uses and Activities Activity or use Location Buffering or Minimum Screening Height Materials Wall of a principal Between the wall and an abutting Buffer: Deciduous None building that contains residential district or multiple trees and less than 15% purpose district evergreen shrubs transparency. Base of a retaining wall Between the wall and an abutting Buffer: Evergreen 18 inches 5 or more feet in height residential or multiple purpose shrubs within 10 feet of district. property line. Any commercial or Between the location of the Screen: Solid 6 feet industrial process or activity and any abutting fence or wall activity occurring residential district or multiple outside of a wholly purpose district enclosed building. Loading area bay Between the loading area or Screen: Solid 6 feet door, loading dock, or loading dock and any abutting fence, wall, or truck terminal residential district or multiple evergreen tree purpose district screen Refuse container Perimeter of the re fuse container Screen: Solid 12"above storage area storage area. fence or wall the height of tallest Exception: Not required where container the aggregate capacity of refuse containers is less than 0.5 cubic yard. 629 Mechanical equipment Perimeter of the mechanical Screen: Fence or 6" above on ground equipment that would otherwise wall with 60% or the height be visible from any street greater opacity. of the frontage or adjacent property. tallest unit Exception: Not required where the use is a single-family detached dwelling. Mechanical equipment Perimeter of the mechanical Screen: Fence or Screen 1/2 on roof equipment that would otherwise wall with 60% or vertical be visible from any street greater opacity. height of frontage. equipment from Exception: Not required in any adjacent industrial district. street Car wash Between wash bay openings and Screen: Solid 6 feet any abutting residential or fence, solid wall, multiple purpose district or evergreen tree screen Commercial motor Between any display or service Screen: Solid 6 feet vehicle sales or areas and any abutting fence, solid wall, service, new or used, residential district or evergreen tree or commercial motor screen vehicle storage area. Drive-through facilities Between any speaker and any Screen: Solid wall 6 feet abutting residential district, where the speaker is directed toward the abutting residential district. Gasoline stations Between the pumps and canopy Screen: Solid 6 feet and any abutting residential fence, solid wall, district or evergreen tree screen Junkyards, wrecker Perimeter of any area where the Screen: Solid 6 feet yards, and recycling storage, collection, processing or fence or solid centers other associated activity occurs, wall, and and which is not wholly enclosed evergreen tree within a building. screen Mini-warehouse Between the facility and any Screen: Solid 6 feet abutting residential or multiple fence, solid wall, purpose district. or evergreen tree screen Motor vehicle or trailer Perimeter of any area used to Screen: Solid 6 feet painting and body store any visibly damaged or fence, solid wall, repair inoperative vehicles. or evergreen tree screen lir 630 Motor vehicle repair or Perimeter of any area used to Screen: Solid 6 feet service establishment store any visibly damaged or fence, solid wall, inoperative vehicles. or evergreen tree screen Motor vehicle sales and Between the display area and Screen: Solid 6 feet service establishment, any abutting residential district. fence, solid wall, new or used or evergreen tree screen Outdoor storage Between the storage area and Screen: Solid 6 feet any abutting residential or fence, solid wall, multiple purpose district, and or evergreen tree between the storage area and screen any residential or multiple purpose district across a street. Portable storage Between container storage area Screen: Solid 6 feet container as accessory and any abutting residential or fence or solid wall use multiple purpose district Recycling collection Between any receptacle and any Screen: Solid 6 feet point abutting residential or multiple fence or solid wall purpose district Towing services Perimeter of any storage area for Screen: Solid 6 feet damaged or inoperative motor fence or solid wall vehicles or trailers. Wireless Perimeter of the base of the Screen: Solid 6 feet telecommunication facility and mechanical fence, solid wall, facility and associated equipment. or evergreen tree mechanical equipment. screen (a) Applicability. The landscaping requirements of this section shall apply (b) Parking area landscaping standards. Parking areas shall be subject to the (1) Wheel stops, curbing, or other barriers shall be provided to prevent of two (2) feet, and shall include surface landscaping, mulch, grass or other vegetative ground cover. 631 (3) In order to allow for proper growth and tree canopy maturation, deciduous - - feet on center for small deciduous trees and thirty (30) feet on center for large deciduous trees. (4) Trees required by this section shall be selected from those species listed (5) Landscaping strips along the perimeters of all parking areas that front on a and (B), below. Trccs shall be planted within eight (8) feet of a parking toward meeting the requirements of subsection (A), below. (A) Small deciduous trees, as permitted in Table 642 1, spaced at a frontage, or portion thereof, exclusive of driveways, or large deciduous trees, as permitted in Table 642 1, spaced at a minimum rate of one (1) such tree for each forty (40) feet of frontage, or (B) Evergreen or deciduous shrubs spaced no farther apart than at a rate of three(3) feet on center. (6) With the development of seven (7) to twenty (20) parking spaces, trees spaces. (A) Trees planted to satisfy the requirement along the perimeter of a 648(b)(5), shall be credited toward the ten (10) percent tree canopy requirement. (B) When the requirements of Section 36.2 648(b)(5) do not meet the ten (10) percent tree canopy requirement, the balance of such tree canopy requirement shall be met by the planting of trees within the . e. _ .. • ,, 1 • • • • • • .. . • . . . . .11 shall be defined as any planter island or peninsula that is 632 - . - -: -- :• . - -- .) sides by off street parking spaces or access aisles abutting off street parking spaces. (7) With the development of twenty one (21) or more parking spaces, trees of twenty (20) percent of the total square footage of the parking ar a, excluding driveways or aisles that do not directly access parallel, perpendicular, or angled parking spaces. No more than fifty (50) percent of the trees planted to meet this requirement shall be the same species. 648(b)(5), shall be credited toward the twenty (20) percent tree canopy requirement. (B) When the requirements of Section 36.2 648(b)(5) do not meet the parking area provided any such perimeter tree is located within canopy shall be placed within the interior of the parking area. „ , . • • - _ - • _ „ planter island or peninsula that is surrounded on at least three (3) sides by off street parking spaces or access aisles abutting off street parking spaces. Sec. 36.2-648. Parking area landscaping. (a) Parking areas shall be subject to the following buffering and screening standards: (1) Wheel stops, curbing, or other barriers shall protect landscaping from damage by motor vehicles. (2) Interior planting areas shall be at least eight (8) feet by eighteen (18) feet, with a minimum soil depth of two (2) feet, and shall include surface landscaping, mulch, grass or other vegetative ground cover. (3) Trees required by this section shall be selected from Table 642-1. (b) Parking areas shall be landscaped according to the standards set forth in the Table 648-1. 633 (c) The landscaping and screening materials shall be provided in accordance with Section 36.2-649. Table 648-1. Parking Area Landscaping Standards Size of Street frontage Perimeter buffering Minimum tree canopy required parking buffering materials materials area 6 or None required None required None required fewer parking spaces 7-20 The minimum parking area tree parking Street screen or Deciduous trees and canopy is 10%. spaces an eight (8) feet shrubs between the deep yard with parking area and an If the canopy of trees planted to deciduous trees abutting residential meet requirements for street and evergreen district. frontage buffering materials and shrubs. perimeter buffering materials Exception: Buffering is does not meet 10% of the not required where the parking area canopy, add at parking area abuts a least half of the balance of parking area with 7 or required tree canopy to the more spaces on an interior of the parking area. Any adjacent lot. remaining balance may be added to the perimeter of the parking area. Only trees planted within 8 feet of the parking area pavement are credited toward parking area canopy. 21 or Street screen or Deciduous trees and The minimum parking area tree more an eight (8) feet shrubs between the canopy is 20%. parking depth yard with parking area and an spaces deciduous trees abutting residential If the canopy of trees planted to and evergreen district. meet requirements for street shrubs. frontage buffering materials and Exception: Buffering is perimeter buffering materials not required where the does not meet 20% of the parking area abuts a parking area canopy, add at lot that contains a least half of the balance of parking area with 7 or required tree canopy to the more spaces., interior of the parking area. Any 634 remaining balance may be added to the perimeter of the parking area. Only trees planted within 8 feet of the parking area pavement are credited toward parking area canopy. of uses shall be screened as follows: (a) Dumpsters and refuse containers: Refuse dumpsters and other similar refuse containers shall be screened with an enclosure, pursuant to the screening regulations of Section 36.2 642(c), at a minimum height of one (1) foot above the height of the dumpster or other similar receptacle. For a chain link fence shall not-constitute a visually opaque screen and shall dumpster and other refuse containers. (b) Mechanical equipment on ground: Except for single family detached ground shall be screened or landscaped from view from abutting streets (1) Screened pursuant to the screening regulations of Section 36.2 642(c); or (2) Landscaped with evergreen shrubs planted at a rate of three (3) feet on center or less. (c) Mechanical equipment on roof: In any zoning district, except I- 1, 12, or screened from view to the extent that no more than one half (1,4) the vertical height of such equipment may be visible from any adjacent street lot. Sec. 36.2-649. Standards for buffering, screening, and parking area landscaping materials. Materials used to meet requirements of Sections 36.2-647 and 36.2-648 shall meet the standards of Table 649-1. 635 Table 649-1. Buffering, Screening and Landscaping Materials Materials Standards Deciduous Spacing for small deciduous trees Minimum 15 feet on center trees Maximum 30 feet on center Spacing for large deciduous trees Minimum 20 feet on center Maximum 40 feet on center No more than half of the deciduous trees planted to meet canopy requirements shall be of the same species. Provide planting strip with minimum width of 8 feet unless otherwise specified in this Chapter. Solid fence Use a fence or wall that is at least 95% opaque along the length of or solid wall screen. Evergreen Plant evergreen trees no less than 6 feet and no more than 8 feet on tree screen center along the length of the buffer. Provide planting strip with minimum width of 5 feet unless otherwise specified in this Chapter. Evergreen Minimum spacing 2 feet on center. shrubs Maximum spacing 3 feet on center. Provide planting strip with minimum width of 3 feet unless otherwise specified in this Chapter. Street Use a street screen with these characteristics: screen • Minimum height of 30 inches and maximum height of 42 inches • Vertical support posts of metal or masonry spaced at no more than eight (8) feet on center. • Panels between supports shall be metal, masonry, or both • Metal elements that are painted or coated and of rigid construction, with no members less than 0.25 inch. • Masonry elements that are finished; exposed concrete block is not an acceptable finish. Planting strip is a strip of land dedicated to required plantings for buffering and screening purposes. .mow 636 DIVISION 5. OBE-ST-REET PARKING AND LOADING. * * * Sec. 36.2-652. Minimum off-street parking. * * * Table 652-2. Required Off-Street Parking Spaces Use Minimum Number of Parking Spaces Maximum Required Parking Calculated as 1 Space for Each Specified Unit Accessory Uses Accessory uses None N Residential Uses Dwelling, single-family attached 1.5 dwelling N Dwelling, single-family detached None N Dwelling, two-family 1.5 dwelling unit N Dwelling, multifamily, elderly 0.75 dwelling unit N (intended and designed exclusively to house the elderly) Dwelling, multifamily, other than 1.5 dwelling unit N elderly Dwelling 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 3 rooms or dwelling units N Dormitory N Group care facility, congregate N home, elderly Group care facility, congregate N home, not otherwise listed in this table Group care facility, group care home N Group care facility, halfway house N 637 Group care facility, nursing home N- Group care facility, transitional living N facility Group home, subject to Virginia N 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 300 sf net floor area Y Business service establishment, not Y otherwise listed in this table Employment or temporary labor service Y Financial institution Laboratory, dental, medical, or 1,000 sf net floor area N optical N Laboratory, testing and research Medical clinic 300 sf net floor area Y Office, general or professional Outpatient mental health and substance abuse clinic Commercial Uses: Miscellaneous Animal hospital or veterinary clinic 500 sf net floor area Y Caterer, commercial Community market Not applicable Y Drive-through facility Y Drive-through kiosk Y Flea market 500 sf of indoor or outdoor display area Y 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 uses Y 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 638 Commercial Uses: Retail Sales and Service Bakery, confectionary, or similar food 300 sf net floor area Y production, retail Y Body piercing establishment Building supplies and materials, retail Y Business service establishment, not otherwise 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 5,000 sf of lot area Y service establishment, New or Used Contractor or tradesman's shop, 600 sf net floor area Y General or Special Trade Dry cleaning and laundry pickup 250 sf net floor area Y station Dry cleaning plant or commercial 500 sf net floor area Y laundry Gasoline station None Y General service establishment, not 350 sf net floor area Y otherwise listed in this table Janitorial services establishment Laundromat Lumberyard 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 1.5 service bay Y establishment 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 N 1 space for every 1,000 sf of greenhouse or net outdoor sales and customer display area Personal service establishment, not 300 sf net floor area Y otherwise listed in this table Pet grooming 500 sf net floor area Y Recreational vehicle or boat sales 1,000 sf net floor area Y 639 Retail sales establishment—Large 1,000 sf of retail showroom area N appliances, furniture, household fixtures, swimming pools, hot tubs, spas Retail sales establishment, not 250 sf of retail area Y otherwise 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 N area, then 1 space for every 2,000 sf of remaining building area Warehousing and Storage Distribution center, not otherwise 5,000 sf up to 50,000 sf of building N listed in this table area, then 1 space for every 10,000 sf of remaining building area Mini-warehouse Not Applicable N Storage of commercial motor vehicles Storage of motor vehicles for rental (no on-site rental or leasing facility) Tank farm, petroleum bulk station 1,000 sf up to 10,000 sf of building N and terminal, or other aboveground area, then 1 space for every 2,000 of storage of flammable liquids remaining building area Warehouse 5,000 sf up to 50,000 sf of building N area, then 1 space for every 10,000 sf of remaining 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 Amusement, commercial, indoor 250 sf net floor area Y Amusement, commercial, outdoor 1,000 sf of activity area Y Botanical garden or arboretum Not applicable Y Club, lodge, civic, social, or fraternal 300 sf of net floor area N organization Community center Eating establishment 100 sf net floor area N Eating and drinking establishment 640 Entertainment establishment Exhibition, convention, or conference 8 persons of maximum load occupancy Y center 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 occupancy Y Meeting hall 5 persons of maximum load occupancy Y Paint ball facility, outdoor 2,000 sf of activity area Y Park or playground, not otherwise None N listed in this table Place of worship 4 seats or per 6 linear feet of bench Y seating in the portion of the building to be used for services or the largest assembly room, whichever is greater Recreation, indoor—Bowling alley 0.5 lane Y Recreation, indoor—Ice skating or 200 sf of skating area Y roller skating rink Recreation, indoor or outdoor— 0.5 court Y Basketball courts Recreation, indoor or outdoor— 0.5 cage Y Batting cages Recreation, indoor or outdoor— 500 sf of skating area Y Skateboarding course Recreation, indoor or outdoor— 75 sf of water area Y Swimming pools Recreation, indoor or outdoor— 0.75 court Y Tennis or other racquet courts Recreation, outdoor—Athletic fields 2,000 sf field area Y Recreation, outdoor—Golf driving 0.75 tee Y ranges Recreation, indoor, not otherwise 500 sf of activity area Y listed in this table Recreation, outdoor, not otherwise 1,000 sf of activity area Y listed in this table Sports stadium, arena, or coliseum 5 seats Y Theater, movie or performing arts 5 seats N 641 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 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 4 students Y school or nonindustrial school Educational facilities, 4 full-time equivalent students Y college/university Educational facilities, elementary 0.5 classroom Y Educational facilities, middle 0.5 classroom Y Educational facilities, secondary 7 students Y Educational facilities, industrial trade 5 students Y school Educational facilities, school for the 300 sf Y arts Fire, police, or emergency services 500 sf N Government facility—Jail 20 inmate capacity N Government offices or other 300 sf net floor area Y government facility, not otherwise listed in this table Hospital 500 sf net floor area Y Library 500 sf net floor area Y Military reserve or National Guard 600 sf net floor area Y center Museum 1 ,000 sf net floor area Y Post office 400 sf net floor area Y PP- Supply pantry 500 sf net floor area Y 642 Training facility for police, fire, or 600 sf net floor area Y emergency services Transportation Uses and Structures Airport None N Airport-related commercial and 300 sf net floor area N personal service uses Bus maintenance, including repair 2,000 sf building area N and storage Bus passenger terminal or station None Y Limousine service 300 sf net floor area of office N Motor freight terminal or truck 5,000 sf up to 50,000 sf of building i 1 terminal area, then 1 space for every 10,000 of remaining building area Railroad freight yard, repair shop, 5,000 sf up to 50,000 sf of building N and marshalling yard area, then 1 space for every 10,000 sf of building area Railroad passenger station None Y Taxicab business 300 sf net floor area of office N Utility Uses and Structures Broadcasting studio or station 300 sf net floor area Y Broadcasting tower None N Hazardous materials facility 300 sf office area N Utility distribution or collection, Basic None N Utility distribution or collection, None N Transitional • Utility generation or treatment 300 sf office area N • Utility maintenance and service 300 sf office area N facility Wireless telecommunications facility None N Agriculture 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 otherwise noted in the table. "Y" means the maximum parking regulations set forth in Section 36.2-653 shall apply. 643 "N" means the maximum parking regulations shall not apply. Sec. 36.2-653. Maximum off-street parking. * * * Sec. 36.2-654. Off-street pParking and loading area standards. * * * (a) General standards. Off street pParking and loading areas shall be subject to the_following general requirements: * * * (4) Off street Parking and loading areas shall be so designed as not to require or permit maneuvering to and from a street to access or exit an 1n- street parking space, except for single-family detached, single-family attached, and two-family dwellings, town houses with individual driveways, and multifamily dwellings with less than four dwelling units on a parcel where maneuvering to and from a street shall be permitted. (5) Off street parking spaces may be located directly adjacent to an alley. Where an alley provides access to the rear of the property, maneuvering - - - • - -- -e -. - . . • . . be-permitted. (5) For lots under common ownership or an otherwise agreed to unified development, the joint use of driveways, frontage roads, and parking areas for nonresidential uses may be required by the Zoning Administrator along collector and arterial streets. "Joint use" means a cross-access easement or other enforceable restriction that provides access between abutting properties. * * * (b) Construction and location standards. Off street pParking and loading areas shall comply with the felleing construction standards listed below and as shown in Table 654.1: (1) All off street pParking areas and loading areas shall be graded for drainage and have an improved surfaced surface, except where an alternative surface is permitted in Table 654-1. Improved surface shall mean with concrete, asphalt, bituminous pavement, brick or stone pavers, or a permeable paver system_, e 644 (A) For single family detached dwellings, the Zoning Administrator may satisfactory specifications for a sub base and the size, tamping, be—used in fleet or motor vehicle storage yards if the applicant establishes that dust will not be generated in an amount in excess paver system. j2) Where a gravel or a similar surface is permitted in Table 654-1, the zoning administrator may require a development plan including satisfactory specifications for a sub-base and the size, tamping, and containment of gravel and documentation that dust will not be generated in an amount in excess of that which would be generated by a paved surface or permeable paver system prior to approval. (23) . • . _ •-e - - -• . . - _ _ , . _ • -- :Parking areas and loading areas shall be bordered by a curb of concrete, asphalt, or other material acceptable to the Zoning Administrator, as indicated in Table 654-1. Curbing shall not be required if the applicant incorporates low-impact stormwater design practices consistent with the United States Environmental Protection Agency, Low-Impact Development Design Strategies: An Integrated Design Approach (June 1999) and Low-Impact Development Hydrologic Low-Impact Development Hydrologic Analysis (July 1999). (34) When a curb is not provided pursuant to item 3 above, wheel or bumper guards shall be provided, located, and arranged so that no part of any parked motor vehicle will extend beyond the boundaries of the parking area and so that they preclude motor vehicles from driving onto landscaped areas. (5) In the Neighborhood Design Overlay District (ND), no parking spaces, if provided, shall be permitted between the right-of-way of a street and the principal building. In the case of a corner lot, this regulation shall only apply to the street frontage containing the primary building façade. (6) In any PUD district, the parking and loading area standards will be established on the development plan. 645 Table 654-1. Parking and Loading Area Standards Standards for single-family Standards for all other uses and dwellings, two-family dwellings, zoning districts multifamily dwellings and townhouses with up to four dwelling units in a single structure on a single parcel, and townhouses with individual driveways regardless of district Material Standards II parking areas, Improved surface required Improved surface required and loading areas driveways No curbing required Curbing around all loading areas and loading and all parking areas with seven spaces, Exceptions: or more spaces, including any excluding interior islands parking Concrete runners with vegetated structures center and edge strips (ribbon Exceptions: driveway) Gravel permitted: 1) behind Gravel permitted behind building building line where access is off line where access is off an alley an alley, 2) fleet storage, commercial vehicle storage or 3) Gravel permitted for all parking any area in an ROS District. and loading areas in RA district Curb not required where LID approach is used for stormwater management Parking Exterior driveways as above. Exterior driveways as above. structures and Interior construction in Interior construction in garages accordance with the Uniform accordance with the Uniform Statewide Building Code. Statewide Building Code. Location Standards: 646 Standards for single-family Standards for all other uses and dwellings, two-family dwellings, zoning districts multifamily dwellings and townhouses with up to four dwelling units in a single structure on a single parcel, and townhouses with individual driveways regardless of district Driveway/Parkin Predominantly located toward Parking area prohibited between g Area location one (1) side of the principal right-of-way and principal Relative to structure. Parking spaces shall buildings Principal not be located within the middle Structures third of the front facade, Exception: exclusive of garages. Lots in CG district with less than Exception: 100 feet of frontage, and CLS, I- 1, 1-2, AD districts Circular driveways Townhouses as required by Section 36.2-431 Minimum 20 feet 40 feet distance between driveway entrance/exit and a street intersection Setbacks, Any 5 feet 5 feet property line abutting a street Exception: Not applicable for single family dwellings, two-family dwellings and townhouses with individual driveway Dimensional Standards Front yard 30 percent of the lot area No maximum coverage: between the right-of-way and the Maximum area building line of driveways and parking areas in established front yard 647 Standards for single-family Standards for all other uses and dwellings, two-family dwellings, zoning districts 1 : multifamily dwellings and townhouses with up to four dwelling units in a single structure on a single parcel, and townhouses with individual driveways regardless of district Width: Cumulative width of driveway Cumulative width of driveway Cumulative entrances shall not exceed 30 entrances shall not exceed 30 width of all percent of the lot frontage. percent of the lot frontage. driveway entrances at Exception: Exception: frontage 10 feet minimum width for all lots 18 feet minimum width for all lots Width: Minimum 10 feet R-12, R-7, R-5, R-3, R-A, RM-1 individual driveway width Exception: One way: 10 feet (applies between Two way: 18 feet right-of-way and Actual paved width of driveway building line) may be reduced to 8.5 feet for RM-2, RMF, all multiple purpose solid paving and 7 feet for ribbon districts driveways (width considered 10 L feet for purpose of calculations) One way: 12 feet Two way: 15 feet Industrial districts One way: 12 feet Two Way: 18 feet Width: Maximum 20 feet or half of the front lot line R-12, R-7, R-5, R-3, R-A, RM-1 individual length, whichever is less driveway width One way: 12 feet (applies between Two way: 24 feet right-of-way and building line) RM-2, RMF, all multiple purpose districts One way: 15 feet Two way: 24 feet Industrial districts One way: 18 feet Two Way: 30 feet 648 Standards for single-family Standards for all other uses and dwellings, two-family dwellings, zoning districts multifamily dwellings and townhouses with up to four dwelling units in a single structure on a single parcel, and townhouses with individual driveways regardless of district Maximum cross 2 percent 2 percent slope where a driveway crosses a sidewalk Operational Standards Pedestrian No No access required per 36.2-654(c) Exception: Requirement applies to CG and CLS Districts Unobstructed Yes Yes access from parking spaces Exception: to driveway/drive Does not apply to single family aisle dwellings Parking Space 9' x 18' area for each required Table 654-2 for required parking Dimensional parking space provided, Standards adequate maneuvering space Exception: from parking space to Parking structures driveway/drive aisle Exception: Garages Special provisions for corner and through lots. (Provisions apply to all frontages unless otherwise listed below.) 649 Standards for single-family Standards for all other uses and dwellings, two-family dwellings, zoning districts multifamily dwellings and townhouses with up to four dwelling units in a single structure on a single parcel, and townhouses with individual driveways regardless of district Corner lots Material: gravel permitted behind Material: Gravel permitted building line of the facade with behind building line of two the principal entrance and one frontages when access is from intersecting street/building line an alley. when access is from an alley Location: standards apply to all Location: driveway/parking area frontages with the exception of location relative to principal parking between a building and structures requirement applies the right-of-way. This only to the facade of the principal requirement applies as follows: structure containing the principal entrance to the building and one CN, CG, D, UF, IN, and MX intersecting frontage. The districts: applies to both location of parking spaces shall frontages where the maximum L be located predominantly to the front yard is met. side of the combined intersecting facades. All residential districts: applies to one front yard, where maximum Dimensional: front yards apply; standard shall Width standards apply to all apply to one of the front yards frontages. Lot coverage where the maximum front yard is standards apply to frontage of met. principal entrance and one intersecting frontage Dimensional: Apply to all frontages. 650 Standards for single-family Standards for all other uses and dwellings, two-family dwellings, zoning districts multifamily dwellings and townhouses with up to four dwelling units in a single structure on a single parcel, and townhouses with individual driveways regardless of district Through lots Location: standards apply to all Location: Standards apply to all frontages with the exception of frontages with the exception of location relative to principal parking between principal structures. This requirement structures and the right-of-way. applies only to the frontage of This provision applies only to the structure with the primary one frontage and shall be the entrance frontage where the maximum front yard is met where Dimensional standards: maximum front yards apply. minimum and maximum driveway width standards do not apply between the structure and the minimum front yard for the frontage that does not contain the primary entrance to the structure. The maximum area of driveways and parking areas in established front yard standard does not apply to the front yard that does contain the primary entrance to the structure. (d) Location standards. Off street parking ar as, and fleet or motor vehicle storage yards, shall be subject to the following location standards: (1) Except for lots containing single family detached dwellings, and except as otherwise provided in Section 36.2 65'(a)(5), off street parking areas shall meet (A) No off street parking area shall be located closer than five (5) (B) No off street parking area shall be located closer than eight£8) 651 (2) Except for lots containing single family detached dwellings, and existing lots of record in the CG District with less than one hundred (100) feet of right of way of a street and the principal buildings in the RM 1, RM 2, RMF, CN, CG, MX, IN, or D District. In the case of corner lots or through lots, this (3) In the Neighborhood Design Overlay District (ND), off street parking, if (1) In the Urban Flex District (UF), off street parking, if provided, shall be - - - - - - e e • •- -- _ •• • , - -- e. _ .• be accessed from the alley. In the case of a corner lot, off street parking shall be (d) Maximum driveway widths as set forth in Table 654-1 may be exceeded in accordance with the following provisions: (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. (2) The Zoning Administrator may approve, in writing, an increase in the width of a driveway based on the following criteria. (A) Such increase in the width of a driveway shall be permitted only upon the same lot as the principal use which the driveway is intended to serve; (B) The permitted increase in maximum width of a driveway shall be limited to the required width as clearly demonstrated by the applicant as set forth in subsection (C) below; and (C) The approval of such increase in the width of a driveway shall be based on findings related to the configuration and width of the street being accessed, the turning radii of motor vehicles used due to the operational nature of the use as demonstrated through vehicle wheel path templates, and frequency of such use. Documentation shall be provided by the applicant in a form acceptable to the Zoning Administrator. 652 (3) For lots containing single family dwellings with a garage, an increase in the maximum driveway width shall be permitted to allow the required flaring for motor vehicles to enter the driveway. (A) In no case shall the width of the flare be greater than the width of the garage entrance plus two feet; (B) The length of the flare shall be the minimum of the width of the garage entrance and the distance between the driveway and the right-of-way; and (C) The flare shall be an even taper and/or curve between the main portion of the driveway and the garage entrance. (e) Parking space and aisle dimensional standards. Off street pParking areas for the provision of the minimum number of required off street parking spaces shall be subject to the requirements for size of parking spaces, aisle dimensions, and wheel curb offsets as set forth in Table 654-1-2. Parking structures shall be exempt from the dimensional standards set forth in Table 654- L. Table 65442. Off-Street Parking Dimensions (Minimum Values in Feet) 0 A / Wheel curb offset 90 2'head in 16p 4,1 4' back in D � E � 464P - ■Al F 653 Off-Street Parking Dimensions A B C D E F G 0° 8'6" 8.5 12.0 23.0 29.0 - 9'0" 9.0 12.0 23.0 30.0 - 9'6" 9.5 12.0 23.0 31.0 - 10'0" 10.0 12.0 23.0 32.0 - 20° 8'6" 14.5 11.0 24.9 40.0 32.0 9'0" 15.0 11.0 26.3 41.0 32.5 9'6" 15.5 11.0 27.8 42.0 33.1 10'0" 15.9 11.0 29.2 42.8 33.4 30° 8'6" 16.9 11.0 17.0 44.8 37.4 9'0" 17.3 11.0 18.0 45.6 37.8 9'6" 17.8 11.0 19.0 46.6 38.4 10'0" 18.2 11.0 20.0 47.4 38.7 L 45 8'6" 19.4 13.5 12.0 52.3 46.5 9'0" 19.8 13.0 12.7 52.5 46.5 9'6" 20.1 13.0 13.4 53.3 46.5 10'0" 20.5 13.0 14.1 54.0 46.9 60 8'6" 20.7 18.5 9.8 59.9 55.6 9'0" 21.0 18.0 10.4 60.0 55.5 9'6" 21.2 18.0 11.0 60.4 55.6 10'0" 21.5 18.0 11.5 61.0 56.0 70 8'6" 20.8 19.5 9.0 61.1 58.2 9'0" 21.0 19.0 9.6 61.0 57.9 9'6" 21.2 18.5 10.1 60.9 57.7 10'0" 21.2 18.0 10.6 60.4 57.0 80° 8'6" 20.2 24.0 8.6 64.4 62.9 9'0" 20.3 24.0 9.1 64.3 62.7 9'6" 20.4 24.0 9.6 64.4 62.7 10'0" 20.5 24.0 10.2 65.0 63.3 90° 8'6" 19.0 25.0 8.5 63.0 - 9'0" 18.0 24.0 9.0 60.0 - 654 9'6" 18.0 24.0 9.5 60.0 - 1010" 18.0 24.0 10.0 60.0 - Key for Table 654- A — Parking Angle B — Stall Width C — Stall to Curb D — Aisle Width E — Curb Length Per Car F—G — Total Width of a Double-Loaded Aisle (f) Driveway standards. (1) Driveways and off street parking spaces for single family detached dwellings, regardless of zoning district, shall be subject to the following to the portion of the driveway and off street parking spaces located • . • . . . - :: ••••. • - - - - . - - - Sid-e-of poi the-dwelling unit, except in the case of a circular drive; location closer than twenty (20) feet to any street intersection; (C) Driveways and off street parking spaces, except those off street parking spaces provided in a garage or carport, shall not exceed a (D) Lot frontages of less than one hundred (100) feet shall be limited to the front lot line, whichever is less; and (E) For lot frontages of one hundred (100) feet or more, the total width of driveway entrances shall not exceed fifty (50) percent of the lot width of twenty (20) feet. '^ • , . .. •( . .► . O - - • g) . . _ a 40 • . • IP • . • • • • •• U . 41) ' .. .► .. •• , • . • M1 • • O . . .. •• O • •• , • .. . • • , .. • • • ..0 ' a • ► ' , • •• Mk .. " • .+ r+ .+ .+ .. • .► a, • • • • • . • • ► .. .► • 0 11 • • a ,411 Mi • n 656 1. In any district that has a maximum width of thirty (30) feet for a two way 6.4 • _ . • • - : - - - - - -: - . • . groundcover. 2. An increase in the width of driveways ma. : . es • -5 e ::. : . cc-. : . :- i exception, pursuant to the provisions set forth in Section 36.2 560. a. Such incr ace in the width of driveway shall be permitted only upon the same lot as the principal use which the driveway is intended to serve; e. shallbe esta: • - . . - - -: . . . . - • . - •• - - be limited to the required width as- cl arty demonstrated by the applicant as set forth in (4) below; and c. 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 e - -- -- 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 appliGant (3) For lots under common ownership or an otherwise agreed to unified development, the joint use of driveways, frontage roads, and parking easement or other enforceable restriction that provides access between (4) —Driveway-entrances shall be designed to maintain-a--eross slope of the sidewalk at two (2) percent or less. (a) Generally. Except for single family and two family dwellings, whenever the normal operation of any use requires that goods, merchandise, equipment, or refuse shall be routinely delivered to or shipped from the site, the following regulations shall apply. 657 (1) All required off street loading spaces shall be located on the same zoning lot as the use served. (2) Space allocated to any required off street loading shall not, while so allocated, be used to meet the requirements for off street parking or (3) The minimum number of off street loading spaces provided shall be as set forth in Table 655 1, except that the minimum loading space requirements of Table 655 1 shall not apply to the Downtown District, the Commercial- Neighborhood District (CN), or the Urban Flex District (UF). - - •. of Loading Spaces 1,000 69,999 square feet 1- 70,000 79,999 square feet 2 19,199 ••• . . . - -- 3 1 128,000 191,999 square feet 4 192,000 or more square feet 5 (b) Dimensional standards. A required off street loading space shall be at least fifteen (15) feet in width and twenty five (25) feet in length, exclusive clearance of fifteen (15) feet. Where one (1) such space is provided, the minimum width of any additional loading space located alongside, contiguous to, and not separated from the first such loading space shall be twelve (12) feet. (c) Location. (1) Off street loading spaces shall not be permitted in a front yard. (2) Off street loading spaces shall be provided to accommodate delivery or shipment operations and refuse collection in a safe and convenient a manner that will I ost interfere with traffic movement, separated from Ior alley. 658 f DIVISION 6. SIGNS. * * Sec. 36.2-661. Applicability. * * * (c) Exemptions. * * * 19 A single sandwich board or "A" frame sign per storefront in multiple purpose districts. Sec. 36.2-662. Definitions. * * * Electronic readerboard: A computer generated sign which displays messages with letters, pictographic, or symbolic informational content which can be changed or altered on a fixed display screen by electrically illuminated segments. A sign that contains only a static electronic display of numerals, such as gas prices, shall not be classified as an electronic readerboard. * * * Projecting sign: A sign which is attached to, supported by, and extending more than twelve (12) inches from a building face or wall, in whole or in part, at a ninety (90) degree angle to the building wall from which it projects a-* e ••.- • • . • . e. Such sign shall extend no more than six (6) feet from the building to which it is affixed. An awning, canopy, or marquee sign shall not be considered a projecting sign. Public service announcement: a message intended to raise awareness or provide information on an issue of a noncommercial nature to the public. Such issues may include health warnings or advisories, safety messages , or educational information. * * * Sec. 36.2-668. On-premises signs, generally. The types, number and size of on-premises signs by zoning district shall be permitted as set forth in Table 668-1. 659 Table 668-1. Type, Number, and Size of On-Premises Signs District Type Maximum Maximum Maximum Maximum Permitted Permitted Number of Sign Area Individual Height Characteristics Signs Sign F-aee Area RA, R- None Not Not Not Not Not Applicable 12, R-7, Applicable Applicable Applicable Applicable R-3, None Not Not Not Not Not Applicable RM-1 Applicable Applicable Applicable Applicable RM-2, Freestanding 1 per lot 25 sf 25 sf 6 ft Identification RMF frontage sign only Building- 1 per lot 25 sf 25 sf n/a mounted frontage MX, CN, Freestanding 1 per 0.5 sf per If 32 sf 6 ft Illuminated IN, frontage of lot ROS, frontage Changeable OF Building- 1-per 32 sf plus 32 sf None n/a copy mounted building-face 0.5 sf per If or storefront of building None face or storefront over 32 If, plus additional area per Sec. 36.2- 677 CG Freestanding 1 per 1 sf per If of 12500 sf 25 ft Illuminated frontage lot frontage Changeable Building- 1-per 32 sf plus 1 None n/a copy mounted wilding-face sf per If of Electronic or storefront building face readerboard None or storefront over 32 If plus additional area per Sec. 36.2- 677 660 Upper-story 1-per 2%10% of DD :=;'i' Ncrn ; n/a Illuminated building-face facade area._ None maximum 300 sf CLS Freestanding 1 per 200 1 sf per If of 150 sf 25 ft Illuminated linear feet of lot frontage Changeable lot frontage copy up to 4 signs Electronic readerboard Building- 1-per 32 sf plus 1 None n/a Illuminated mounted building-face sf per If of Changeable or storefront building face copy None_ or storefront Electronic over 32 If readerboard plus additional area per Sec. 36.2- 677 Upper-story 1-per 210% of 300-sf None n/a Illuminated building face facade area_ None maximum 300 sf D Freestanding 1 per 0.5 sf per If 32 sf 6 ft Illuminated frontage of lot Changeable frontage copy Public service message board Building- 1-per 32 sf plus 1 None n/a Illuminated mounted building face sf per If of Changeable building face copy None or storefront over 32 If, plus additional area per Sec. 36.2- 677 661 Upper-story 1-per 2°!°10% of 300 sf None n/a Illuminated building face facade areal None maximum 300 sf Sandwich 1-per 1-0-sf 10 sf and 2.5 n/a Changeable beard storefront ft-maximum copy None width I-1, 1-2, Freestanding 1 per 0.5 sf per If 125 sf 16 ft Illuminated AD frontage of lot frontage Changeable Building- 4- per 32 sf plus 1 None n/a copy mounted building-face sf per If of building face Readerboard dr-starefrent None or storefront over 32 If, plus additional area per Sec. 36.2- 677 MXPUD Determined Determined Determined Determined Determined Illuminated by RUD by MXPUD by RUD by-MXPUD by MXPUD Development Development Development Development Development Plai4 Plan Plan Plan Plan MXPUD, As specified by the PUD development plan, or same as CG when not specified by INPUD, plan. IPUD INPUD, Freestanding 1 per lot 0.5 sf per If 60-sf 1-6-ft Illuminated I PUD frontage of lot Changeable None frontage copy Building- 1-per 32 1 j J 1 Beetcenie mounted building face sf per If of readerboard or storefront building face None over 32 If Upper-story 1-per 2% of facade 300-sf building-face area None "sf' means square feet, "If' means linear feet, "ft" means feet, and "n/a" means not applicable. "None" means no limit. 662 Sec. 36.2-669. Changeable copy signs and electronic readerboard signs. * * * (b) Electronic readerboard signs shall be subject to these requirements: (1) The electronic readerboard shall abut or connect with a static sign face. * * * Sec. 36.2-671. Building-mounted signs. In addition to the regulations set forth in Table 668-1 and Table 669-1, on- premises building-mounted signs shall be subject to the following standards: (a) Building mounted signs shall be permitted only on the facades or (ba) No building-mounted sign, except for a projecting sign, shall cover, cross, or otherwise hide any cornice, column, belt course, window, or balcony of a building, or any portion of such feature. (.:I;) Window signs shall net-exceed be permitted at up to fifty (50) percent of the window area to which they are applied or attached, from which they are suspended, or through which they are displayed and shall not be counted towards building mounted sign area. Window signs exceeding fifty (50) percent of the window area to which they are applied or attached, from which they are suspended, or through which they are displayed are prohibited. (:! c) No part of any awning or canopy containing a sign shall extend above the height of the bottom sill of any second story window of the building facade to which it is attached. All lettering and images comprising any portion of an awning or canopy sign shall be located on the face of the awning or canopy and shall not project above or below the face or in any way beyond the physical dimensions of the awning or canopy. Sec. 36.2-672. Upper story wall signs. * * * (c) There shall be a maximum of one (1) upper story wall sign for each 663 (d) The maximum sign area for any upper story wall sign shall be two placed, up to a maximum of three hundred (300) square feet. * * * Sec. 36.2- 677. Allocation of permitted sign area. Permitted sign area for freestanding signs that is not used on a lot may be allocated to increase the permitted sign area for building-mounted signs on the same lot. Such request for allocation of sign area shall be made in writing to the zoning administrator and shall include the existing area of freestanding and building mounted signs and identify the quantity of sign area to be allocated. Approval of sign allocation shall be made by the zoning administrator in writing. ARTICLE 7. NONCONFORMING USES, STRUCTURES, AND LOTS * * Sec. 36.2-705. Nonconforming uses. * * * (c) Nonconforming uses in all zoning districts, except R 12, R 7, R 5, R 3, RM 1, RM 2, and MX may be expanded with the approval of the Board of Zoning Appeals, subject to the following provisions: * * * (3) Any increase in volume, area, or extent of nonconforming use shall not exceed an aggregate of twenty five (25) percent of the existing fifteen (15) percent of the existing nonconforming use in the R-12, R-7, R-5, R-3, RM-1, RM-2, and MX zoning districts or twenty- five (25) percent of the existing nonconforming use in other zoning districts. * * * Appendix A. Definitions. * * * Civic space: A public space located between a street and building that serves as a gathering space. * * * ' I 664 Dwelling: A building, or portion thereof, designed to be used for continuous, year-round residential purposes, containing one (1) or more independent housekeeping units and including the following specific types: (4) Dwelling, Multifamily: A building, or portion-#hereef a portion of a building, or multiple buildings on a single lot, designed for the permanent occupancy of three (3) or more families, regardless of the method of ownership, with the number of families in residence not exceeding the number of dwelling units provided. * * * Internet sales establishment: A retail sales establishment that solely operates through on-line, mail order, or similar customer interaction. There is no store front for the purchase of goods or other means of direct pick-up of products by customers at the facility. * * * Loading area: An area provided for bulk pickups, deliveries, and refuse collection, including any related aisle, loading spaces, ingress and egress lanes, and driveways but not including any part of a public right-of-way or public street. * * * Primary entrance: An entrance designed as the principal entrance to a building, or one of multiple principal entrances to a building, when more than one such entrance is present. The primary entrance is an easily recognizable entrance located on the primary building façade that is accessible to all users of the building including but not limited to employees, residents, members, and patrons during regular business hours.Primary street frontage: The lot frontage toward which the development on a lot is generally oriented. * * * Resident manager apartment: A single dwelling unit . . -•• • - . _ . - . principal-permitted use -where-such-dwelling-unit which is accessory and subordinate to the principal permitted use and which is designated for use only by the resident manager or security personnel of such principal permitted use. Such dwelling unit shall not be sold, leased, or rented for other purposes. 665 2. . • .- •.•e £ e - . - •. •: - . •• . •.ngular areas as defined below: (1) That portion of a corner lot, in any zoning district, lying within a triangle•. _ .. - . •e - • the vertex _ :e - : • _ • - . . . - Street Edge of pavement Vertex \ 10' � k Throperty ime — (1) n1 • 10' ic 18- (2) •. . . . . •• - - - -- - - -- _ - -- to be equal to five (5) feet from the intersecting lines for residential d ri veway-s. 666 Street Street 5' vertex 5,—• 10' verse• •"-10' Property Triangle „ Triangle Property Line I Sight Sight 10' Triangle i; Triangle I S o r '" C0 y� O e K Sight-Distance-Triangle—Street Sight distance triangle: A sight distance triangle shall mean a triangular area illustrated by dashed lines in the diagram below: STREET I~ 15 feet ~I t;f,et 1.--- 15 feet--• jr--E of pavement orcurb I • I I ,I I I `• I 1 II , • 1 . W • V 1 fI W i C LA SITE DISTANCE TRIANGLES * * * 667 Street: Any public way (or private way as may be applicable in a PUD an established private way upon which a lot or lots have frontage) for vehicular and pedestrian traffic which provides the primary means of access to lots. Structure: Anything which is constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, including buildings, walls, fences, signs, manufactured homes, and swimming pools (in-ground and above- ground)., patios, parking areas and loading areas. Constructed or erected with a fixed location shall mean an item that is stationary and that cannot be readily moved without special equipment. * * * Transparency, facade: Portion of a building facade constructed of a transparent material. Transparent material: Material capable of transmitting light so that obiects or images can be seen as if there were no intervening material. * * * Yard, established front: A yard provided between a front lot line and a either the building line or the facade of a building that faces the front lot line. 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 ATT EST: jutt4a1) LQ (3&-41A4°%* Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 1°1]