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HomeMy WebLinkAbout39496-090412 - 39833-121613 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39496-091712. A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Speed Enforcement Grant to the City from the Virginia 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 Virginia Department of Motor Vehicles, the Department of Motor Vehicles Traffic Safety Speed Enforcement Grant in the amount of $19,520.00, to be used for traffic enforcement targeting speed. The subgrant, which requires a $9,760.00 in-kind match by the City, is more particularly described in the City Council Agenda Report dated September 17, 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 Virginia Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. 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 September, 2012. No. 39497-091712. AN ORDINANCE to appropriate funding from the U. S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a speed enforcement traffic safety grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 2 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 Overtime Wages 35-640-3465-1003 $ 12,485.00 FICA 35-640-3465-1120 955.00 Expendable Equipment (<$5,000.00) 35-640-3465-2035 5,580.00 Training and Development 35-640-3465-2044 500.00 Revenues DMV Speed Enforcement Grant FY13 35-640-3465-3465 19,520.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTTEESS�T: Stephanie M. Moon, MM 4C3 David A. dowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39498-091712. A RESOLUTION accepting the Department of Motor Vehicles Traffic Occupant Safety Grant to the City from the Virginia 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 Virginia Department of Motor Vehicles, the Department of Motor Vehicles Traffic Occupant Safety Grant in the amount of $11,450.00, to be used for traffic enforcement targeting occupant safety. The subgrant, which requires a $5,725.00 in-kind match by the City, is more particularly described in the City Council Agenda Report dated September 17, 2012. 3 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 Virginia Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. APPROVED ATTEST: i T_/ N " y . y Stephanie M. Moon, MMC `, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39499-091712. - AN ORDINANCE to appropriate funding from the U. S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an occupant protection traffic safety 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 Overtime Wages 35-640-3464-1003 $ 10,404.00 FICA 35-640-3464-1120 796.00 Training and Development 35-640-3464-2044 250.00 Revenues DMV Occupant Protection Grant FY13 35-640-3464-3464 11,450.00 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39500-091712. A RESOLUTION accepting the Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant to the City from the Virginia 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 Virginia Department of Motor Vehicles, the Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant in the amount of $15,320.00, to be used for traffic enforcement targeting alcohol impaired drivers. The subgrant, which requires a $8,160.00 in-kind match by the City, is more particularly described in the City Council Agenda Report dated September 17, 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 Virginia Department of Motor Vehicles, in connection with the City's acceptance of this subgrant. APPROVED ATTEST: (74"..ti •hdpOv.J Stephanie M. Moon, MM David A. Bowers City Clerk Mayor 5 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39501-091712. AN ORDINANCE to appropriate funding from the U. S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an alcohol enforcement traffic safety 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 Overtime Wages 35-640-3449-1003 $ 12,485.00 FICA 35-640-3449-1120 955.00 Training and Development 35-640-3449-2044 1,380.00 Program Supplies 35-640-3449-2066 500.00 Revenues DMV Alcohol Enforcement Grant FY13 35-640-3449-3449 15,320.00 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 6 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39502-091712. 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 to Council dated September 17, 2012. 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. MoonMC ` David . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39503-091712. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 7 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 Roanoke Ballet Theatre 35-410-8747-3779 $ 1,250.00 Southwest Virginia Ballet 35-410-8747-3794 1,250.00 Arts Council of the Blue Ridge 35-410-8747-3909 1 ,250.00 Roanoke Children's Theatre 35-410-8747-3984 1,250.00 Revenues Local Challenge Grant FY13 35-410-8747-8747 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: �J �/�j Cab Stephanie M. Moon, MMC David Bowers • City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'h day of September, 2012. No. 39504-091712. A RESOLUTION authorizing acceptance of the Dorothy Koch Family Foundation Grant to the City, and authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such grant funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Dorothy Koch Family Foundation Grant to the City in the amount of $10,000.00, to fund a temporary Early Literacy Consultant for the Library, as more particularly set forth in the City Council Agenda Report dated September 17, 2012. 8 2. The City Manager is hereby authorized to execute and file, on behalf of .. the City, the grant agreement and all necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implements, use, and administer such grant funds. All documents shall be upon form approved by the City Attorney. APPROVED ATTEST: yy� ne y^'�' , Stephanie M. Moon, MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171h day of September, 2012. No. 39505-091712. AN ORDINANCE to appropriate funding from the Dorothy Koch Family ^+ Foundation 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 35-650-8311-1004 $ 9,120.00 FICA 35-650-8311-1120 711.00 Supplies 35-650-8311-2066 169.00 Revenues Koch Family Foundation FY13 35-650-8311-8311 10,000.00 9 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171' day of September, 2012. No. 39506-091712. AN ORDINANCE to appropriate funding from the sale of property and from the Economic and Community Development Reserve and to transfer funding from the South Jefferson Redevelopment Project for the establishment of an Economic Development Grant for Roanoke River Associates, LLC, 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, added, amended, and reordained to read and provide as follows: Appropriations South Jefferson Redevelopment 08-530-9633-9003 $(1,126,713.00) Project Appropriated from General Revenue 08-530-9993-9003 2,000,000.00 Fund Balance Economic and Community 08-3365 (273,287.00) Development Reserve-Unappropriated Revenue Sale of Surplus Property—South 08-530-9633-9633 600,000.00 Jefferson 10 • Pursuant 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 17'h day of September, 2012. No. 39507-091712. A RESOLUTION authorizing the City Manager to execute the Workforce Investment Act (WIA) Title 1 Grant Award Agreement, by and between the Virginia Community College System and the City of Roanoke, and authorizing execution of any required documentation on behalf of the City. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute the Workforce Investment Act (WIA) Title 1 Grant Award Agreement, by and between the Virginia Community College System and the City of Roanoke, which governs the role and responsibility of the City as the fiscal agent of WIA funding to Area 3 localities, for the term beginning July 1, 2012, and ending on June 30, 2013, with two additional automatic one year renewals, as more fully described in the City Council Agenda Report dated September 17, 2012. 2. Further, the City Manager is hereby authorized to execute and file, on behalf of the City, any documents in a form approved by the City Attorney. APPROVED ATTEST: a) 111 • n'lnpru C1� 2arra Stephanie M. Moon, MMC �v David A. Bowers City Clerk Mayor 11 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39508-091712. A RESOLUTION requesting the support of the Governor and members of the General Assembly to reverse the FY 2013 Local Aid to the Commonwealth requirement and eliminate same in the FY 2014 state budget. WHEREAS, state financial assistance for mandated and high priority programs, including public education, health and human services, public safety and constitutional officers, was $800 million less in FY 2012 than in FY 2009 and almost $500 million less in FY 2013 than in FY 2009; WHEREAS, cities and counties must balance their budgets during a time in which future state assistance is unreliable, federal stimulus dollars are depleted, and real estate assessments are either stagnant or in decline; WHEREAS, the Appropriation Act contains $50 million in across-the-board cuts to cities and counties for FY 2013 and $45 million in FY 2014, 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 Commonwealth"); 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 $1,403,033.00 in FY 2012 and will be required to remit another$1,129,794.00 in FY 2013; WHEREAS, cities and counties will have provided the state with $270 million by the close of FY 2013 for this "Local Aid to the Commonwealth" program; WHEREAS, these reductions shift state costs to local taxpayers and artificially increases the amount of state surplus revenue; 12 WHEREAS, state revenues have continued to recover and the state has experienced a budget surplus for the third consecutive year; •• 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 for the City of Roanoke that: 1. Roanoke City Council asks Governor Bob McDonnell to submit a budget amendment to the 2013 session of the General Assembly to reverse the $50 million-a- year reduction for the current year, FY 2013, and to eliminate the aid to localities reduction in FY 2014. 2. Roanoke City Council asks Members of the General Assembly support a budget amendment to the 2013 session of the General Assembly to reverse the $50 million-a-year reduction for the current year, FY 2013, and to eliminate the aid to localities reduction in the budget for FY 2014, all as more fully set out in the Report of the City Manger to Council dated September 17, 2012. APPROVED ATTEST: yyyy����`� \� /����'yyyy . . Stephanie 0 9 David Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39509-091712. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2012 - 2013 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 2012 - 2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 13 Appropriations Teachers 302-110-1102-0230-160G-61100-41121-3-05 $ 39,360.00 .. . Program Coordinator/Site 302-110-1102-0230-160G-61100-41124-3-05 21,520.00 Manager Activity Assistants 302-110-1102-0230-160G-61100-41141-3-05 36,000.00 Retiree Health 302-110-1102-0230-1600-61100-42200-3-05 16.00 Social Security 302-110-1102-0230-160G-61100-42201-3-05 6,999.00 VRS 302-110-1102-0230-160G-61100-42202-3-05 162.00 Medical/Dental 302-110-1102-0230-160G-61100-42204-3-05 854.00 Group Life 302-110-1102-0230-160G-61100-42205-3-05 8.00 Contracted Services 302-110-1102-0230-160G-61100-43313-3-05 49,960.00 Travel-Mileage 302-110-1102-0230-160G-61100-45551-3-05 492.00 Travel-Fares 302-110-1102-0230-160G-61100-45552-3-05 750.00 Travel-Meals & Lodging 302-110-1102-0230-160G-61100-45553-3-05 2,236.00 Pupil Transportation 302-110-1102-0230-160G-63200-43343-3-05 25,000.00 Supplies 302-110-1102-0230-1600-61100-46614-3-05 16,500.00 Teachers 302-110-1102-0420-141G-61100-41121-3-05 32,832.00 Program Coordinator 302-110-1102-0420-141G-61100-41124-3-05 24,240.00 Activity Assistant 302-110-1102-0420-141G-61100-41141-3-05 46,750.00 Retiree Health 302-110-1102-0420-1410-61100-42200-3-05 16.00 Social Security 302-110-1102-0420-1410-61100-42201-3-05 7,544.00 VRS 302-110-1102-0420-141G-61100-42202-3-05 162.00 Medical/Dental 302-110-1102-0420-141 G-61100-42204-3-05 854.00 ' . Group Life 302-110-1102-0420-141G-61100-42205-3-05 8.00 Contracted Services 302-110-1102-0420-141G-61100-43313-3-05 42,918.00 is. . Travel-Mileage 302-110-1102-0420-1410-61100-45551-3-05 492.00 Travel-Fares 302-110-1102-0420-141G-61100-45552-3-05 750.00 Travel-Meals & Lodging 302-110-1102-0420-1410-61100-45553-3-05 2,236.00 Pupil Transportation 302-110-1102-0420-141G-63200-43343-3-05 25,000.00 Supplies 302-110-1102-0420-1410-61100-46614-3-05 16,000.00 Teachers 302-110-1102-0430-1270-61100-41121-2-05 32,832.00 Program Coordinator 302-110-1102-0430-127G-61100-41124-2-05 24,240.00 Activity Assistant 302-110-1102-0430-1270-61100-41141-2-05 46,750.00 Retiree Health 302-110-1102-0430-127G-61100-42200-2-05 16.00 Social Security 302-110-1102-0430-127G-61100-42201-2-05 7,545.00 VRS 302-110-1102-0430-1270-61100-42202-2-05 162.00 Medical/Dental 302-110-1102-0430-1270-61100-42204-2-05 854.00 Group Life 302-110-1102-0430-1270-61100-42205-2-05 8.00 Contracted Services 302-110-1102-0430-127G-61100-43313-2-05 44,408.00 Travel-Mileage 302-110-1102-0430-127G-61100-45551-2-05 492.00 Travel-Fares 302-110-1102-0430-127G-61100-45552-2-05 750.00 Travel-Meals & Lodging 302-110-1102-0430-1270-61100-45553-2-05 2,236.00 Pupil Transportation 302-110-1102-0430-1270-63200-43343-2-05 25,000.00 Supplies 302-110-1102-0430-127G-61100-46614-2-05 14,500.00 Teachers 302-110-1102-0110-126G-61100-41121-2-05 32,832.00 Program Coordinator 302-110-1102-0110-126G-61100-41124-2-05 24,240.00 Activity Assistant 302-110-1102-0110-1260-61100-41141-2-05 46,750.00 Retiree Health 302-110-1102-0110-1260-61100-42200-2-05 16.00 - Social Security 302-110-1102-0110-1260-61100-42201-2-05 7,545.00 VRS 302-110-1102-0110-126G-61100-42202-2-05 162.00 14 Medical/Dental 302-110-1102-0110-126G-61100-42204-2-05 854.00 Group Life 302-110-1102-0110-126G-61100-42205-2-05 8.00 Contracted Services 302-110-1102-0110-126G-61100-43313-2-05 44,408.00 Travel-Mileage 302-110-1102-0110-126G-61100-45551-2-05 492.00 Travel-Fares 302-110-1102-0110-126G-61100-45552-2-05 750.00 Travel-Meals & Lodging 302-110-1102-0110-126G-61100-45553-2-05 2,236.00 Pupil Transportation 302-110-1102-0110-1260-63200-43343-2-05 25,000.00 Supplies 302-110-1102-0110-126G-61100-46614-2-05 14,500.00 Teachers 302-110-1102-0350-1420-61100-41121-2-05 32,832.00 Program Coordinator/Site 302-110-1102-0350-142G-61100-41124-2-05 24,240.00 Manager Activity Assistants 302-110-1102-0350-142G-61100-41141-2-05 46,750.00 Retiree Health 302-110-1102-0350-142G-61100-42200-2-05 16.00 Social Security 302-110-1102-0350-142G-61100-42201-2-05 7,545.00 VRS 302-110-1102-0350-142G-61100-42202-2-05 162.00 Medical/Dental 302-110-1102-0350-142G-61100-42204-2-05 854.00 Group Life 302-110-1102-0350-1420-61100-42205-2-05 8.00 Contracted Services 302-110-1102-0350-142G-61100-43313-2-05 42,918.00 Travel-Mileage 302-110-1102-0350-142G-61100-45551-2-05 492.00 Travel-Fares 302-110-1102-0350-142G-61100-45552-2-05 750.00 Travel-Meals & Lodging 302-110-1102-0350-142G-61100-45553-2-05 2,236.00 Pupil Transportation 302-110-1102-0350-1420-63200-43343-3-05 25,000.00 Supplies 302-110-1102-0350-142G-61100-46614-3-05 16,000.00 Incentive Payments 302-110-0000-0390-370G-61100-41129-3-01 160,000.00 Social Security 302-110-0000-0390-370G-61100-42201-3-01 12,240.00 Food Services Personnel 302-320-0000-0420-1680-65100-41182-2-00 6,503.00 Social Security 302-320-0000-0420-1680-65100-42201-2-00 497.00 - , Food 302-320-0000-0420-1680-65100-46602-2-00 10,217.00 Food Service Supplies & 302-320-0000-0420-168G-65100-46603-2-00 1,300.00 Equipment Food Services Personnel 302-320-0000-0050-1680-65100-41182-2-00 6,503.00 Social Security 302-320-0000-0050-1680-65100-42201-2-00 497.00 Food 302-320-0000-0050-1680-65100-46602-2-00 30,431.00 Food Service Supplies & 302-320-0000-0050-168G-65100-46603-2-00 1,365.00 Equipment Educational Materials & 302-110-1315-0230-7350-61100-46614-3-01 4,000.00 Supplies Educational Materials & 302-110-1307-1000-732G-61100-46614-2-01 2,500.00 Supplies Revenues Federal Grant Receipts 302-000-0000-0000-1600-00000-38287-0-00 199,857.00 Federal Grant Receipts 302-000-0000-0000-1410-00000-38287-0-00 199,802.00 Federal Grant Receipts 302-000-0000-0000-1270-00000-38287-0-00 199,793.00 Federal Grant Receipts 302-000-0000-0000-1260-00000-38287-0-00 199,793.00 Federal Grant Receipts 302-000-0000-0000-1420-00000-38287-0-00 199,803.00 State Grant Receipts 302-000-0000-0000-3150-00000-32349-0-00 172,240.00 Federal Grant Receipts 302-000-0000-0000-1680-00000-38555-0-00 57,313.00 Private Foundation Grant 302-000-0000-0230-7353-00000-33808-0-00' 4,000.00 •..■ Receipts Private Foundation Grant 302-000-0000-0000-732G-00000-33808-0-00 2,500.00 Receipts " 15 Pursuant 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 17`" day of September, 2012. No. 39510-091712. 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 Institutional Planned Unit Development District (INPUD) and Residential Single-Family District (R-5), to Institutional Planned Unit Development District (INPUD); and dispensing with the second reading by title of this ordinance. WHEREAS, the Trustees of the Pilgrim Baptist Church have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have property located at 1415 8111 Street, N. W., bearing Official Tax Map No. 2032001, rezoned from Institutional Planned United Development District (INPUD) and Residential Single-Family District (R-5), to Institutional Planned Unit Development District (INPUD), as set forth in the Zoning Amendment Amended Application No. 2 dated August 8, 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 September 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 16 POO 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. 2032001, be, and is hereby rezoned from Institutional Planned Unit Development District (INPUD) and Residential Single-Family District (R-5), to Institutional Planned Unit Development District (INPUD), as set forth in the Zoning Amendment Amended Application No. 2 dated August 8, 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: Ate. ✓ .rbvJ ( �`( ( St (y , Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39511-091712. AN ORDINANCE approving the Countryside Master Plan, adopted by City Council on June 20, 2011, as amended at the Planning Commission public hearing held on July 19, 2012, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to amend the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation; and dispensing with the second reading by title of this ordinance. WHEREAS, on July 19, 2012, the Countryside Master Plan adopted by City Council on June 20, 2011 (the "Plan"), was presented to the Planning Commission; 17 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 amend the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation; 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 September 17, 2012, 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; and WHEREAS, this Council, after considering 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 amendment of the Countryside Master Plan, and for those reasons, is of the opinion that the hereinafter amendment should be made and incorporated into the City's Comprehensive Plan as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . That this Council hereby approves the Countryside Master Plan, adopted by City Council on June 20, 2011, as amended at the Planning Commission public hearing held on July 19, 2012, and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include such Countryside Master Plan as amended, such amendment changing the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation and including such Countryside Master Plan, as amended, as an element of the Comprehensive Plan. 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 David A. Bowers r- City Clerk Mayor 18 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39512-091712. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, located at 802 Wiley Drive, S. W., Roanoke, Virginia, bearing Official Tax No. 1121401, to 5311 Holdings, LLC, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on September 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, located at 802 Wiley Drive, S. W., Roanoke, Virginia, bearing Official Tax No. 1121401, to 5311 Holdings, LLC, for the purchase price of $2,000.00, upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated September 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: v Stephanie M. Moon, MMC v id A. Bowers City Clerk Mayor • 19 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of September, 2012. No. 39513-091712. AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and The Hertz Corporation for use of an 86,501 square foot parcel of City-owned land at 5550 Precision Circle, N. W., for the operation of a maintenance, storage and servicing facility in connection with the Lessee's automobile renting and leasing business, for a term of three years and three months, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on September 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 the proposed lease. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a lease agreement with The Hertz Corporation for use of an 86,501 square foot parcel of '�- City-owned land at 5550 Precision Circle, N. W., designated as Tax Map No. 6640123, for such corporation's operation of a maintenance, storage and servicing facility in connection with the Lessee's automobile renting and leasing business, for a tent of three years and three months, beginning October 1, 2012, and ending December 31, 2015, at an initial rental rate of $2,545.00 per month, with a three percent (3.0%) increase each October 1 of the lease term, all as more particularly described in the City Council Agenda Report dated September 17, 2012. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 20 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of October, 2012. No. 39514-100112. AN ORDINANCE amending and reordaining Section 6-7, Limitation on keeping livestock, of Article 1, In General, Section 6-81, Shelters, of Article IV, Equine Animals, and Section 6-95, Limitations on keeping, of Article V, Poultry, of Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended; to clarify when property should be considered zoned for agricultural use and updated to provide more consistency with the Code of Virginia and the City's Zoning Ordinance; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 6, Animals and Fowl, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 6-7. Limitation on keeping livestock, of Article 1, In General. lots or pens aro not doter than three hundred (300) feet to any a "farm" chall be defined as a parcel of land devoted to production for sale of plants or animals or to the production for talc of plant or (a) No person shall keep or maintain livestock in any area of the City unless such activity is permitted as of right, permitted by special exception, or permitted as a continuation of a nonconforming use, pursuant to Chapter 36.2, Zoning. (b) For the purposes of this Chapter, livestock shall mean all domestic or domesticated Bovidae family (such as cows, bison, -� sheep, and goats), the Camelidae family (such as camels, llamas, and alpaca), the Cervidae family (such as deer and elk), the . 21 Equidae family (such as horses, donkeys, and mules), the Suidae family (such as pigs), the Ratite order (such as emus and ostriches), more than (10) animals of the Leporidae family (such as rabbits and hares), and aquaculture operations. (c) The term livestock shall exclude poultry as regulated under Article V of this chapter, dogs as regulated under Article II of this chapter, cats as regulated under Article VII of this chapter, and primates, guinea pigs, hamsters, reptiles, and birds. - Sec. 6-81. Shelters, of Article IV, Equine Animals. a) On any parcel of land upon which any equine animal is kept, placed or maintained during the nighttime, there shall be a shelter, barn, stable, shed or similar structure containing at least sixty (60) square feet of floor space per equine animal. On and after January 1, 1970, no landowner shall, in any ar a of the city not provided that the now location of ouch structure is more in rider the a rohip Sec. 6-95. Limitations on keeping, of Article V, Poultry. parcel of r al property in any ar a of the city, oxccpt an aroa zoned for 22 The keeping of poultry on a lot shall be subject to these limitations: (a) A maximum of ten (10) poultry animals may be kept on a parcel with less than 20,000 square feet. (b) A maximum of forty (40) poultry animals may be kept on a parcel with 20,000 square feet or more. (c) The limits on the number of poultry animals above shall not apply to any parcel on which such activity is permitted as of right, permitted by special exception, or permitted as a continuation of a nonconforming use, pursuant to Chapter 36.2, Zoning. 2. This ordinance shall be effective as of the date of its passage. 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 1st day of October, 2012. No. 39515-100112. 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 $8,250,000.00 for FY 2014 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 $8,250,000.00 for any funds provided by VDOT for the projects referred to in the City Council Agenda Report dated October 1, 2012, to this Council, • and which will require the City to provide matching funds of$8,250,000.00. 23 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 FY 2014 in the amount of $8,250,000.00 for the following seven projects: a. Franklin Road Bridge over Norfolk Southern Railway Bridge Replacement. b. City-Wide Bridge Maintenance. c. City-Wide Paving Program (Resurfacing). d. City-Wide Storm Drain Improvements. a City-Wide Curb, Gutter, and Sidewalk (New Construction). f. City-Wide Curb, Gutter, and Sidewalk (Repair). g. 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. APPROVED ATTEST: m Stephanie M. Moon, MMC David A. owers City Clerk Mayor 24 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2012. No. 39516-101512. A RESOLUTION authorizing acceptance of the AmeriCorps Grant 2012 - 13 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 2012 - 13 in the amount of $237,334.00, which includes a local cash match required from the City in the amount of $37,186.00, an in-kind match of $90,341.00 from the City, and $109,807.00 from the Commonwealth of Virginia, Department of Social Services, to be used by the Roanoke Public Libraries to hire 15 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 City Council Agenda Report dated October 15, 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 V Davi A. Bowers City Clerk Mayor 25 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2012. No. 39517-101512. 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 and programs, 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 Wages 35-650-8309-1004 $116,280.00 FICA 35-650-8309-1120 8,896.00 Workers Compensation-Other 35-650-8309-1141 750.00 Professional Services 35-650-8309-2010 9,000.00 ,.r Administrative Supplies 35-650-8309-2030 7,542.00 Training and Development 35-650-8309-2044 4,000.00 Wearing Apparel 35-650-8309-2064 525.00 Revenues AmeriCorps Grant FY13 35-650-8309-8309 109,807.00 AmeriCorps Grant FY13-Local 35-650-8309-8310 37,186.00 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 26 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2012. No. 39518-101512. A RESOLUTION accepting and expressing appreciation for the donation of a untitled piece of art 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 October 15, 2012. 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. Moon, MM — David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15t" day of October, 2012. No. 39519-101512. A RESOLUTION authorizing execution of a Hold Harmless Agreement with Carilion Property Management in connection with the use of 6 Riverside Parking Garage during the 2012 Roanoke GO Outside Festival. 27 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, the Hold Harmless Agreement attached to the City Council Agenda Report dated October 15, 2012, with Carilion Property Management, such Hold Harmless Agreement relating to the City's use of the 6 Riverside Parking Garage, from 6:00 p.m., on Friday, October 19, 2012, until 5:00 p.m., Sunday, October 21, 2012, in connection with the Roanoke GO Outside Festival. APPROVED ATTEST: > Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2012. No. 39520-101512. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments grants for various educational programs, amending and reordaining certain sections of the 2012 - 2013 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 2012 - 2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Stipends, Elementary 302-110-1101-0000-137G-61100-41129-2-01 $ 5,597.00 Stipends, Secondary 302-110-1101-0000-137G-61100-41129-3-01 5,597.00 Social Security, 302-110-1101-0000-137G-61100-42201-2-01 428.00 Elementary Social Security, 302-110-1101-0000-137G-61100-42201-3-01 428.00 Secondary Education 302-110-0000-1070-316G-61100-41138-9-09 (14,164.00) Coordinators Retiree Health Credit 302-110-0000-1070-316G-61100-42200-9-09 300.00 Virginia Retirement 302-110-0000-1070-3160-61100-42202-9-09 2,438.00 System 28 Health/Dental 302-110-0000-1070-3160-61100-42204-9-09 4,000.00 Insurance State Group Life 302-110-0000-1070-316G-61100-42205-9-09 800.00 Insurance Professional 302-110-0000-1070-316G-61100-45554-9-09 4,000.00 Development Mileage 302-110-0000-1070-3163-61100-45551-9-09 (5,000.00) Indirect Costs 302-110-0000-1070-3163-61100-62000-9-09 (708.00) Contracted Services— 302-110-0000-1070-316G-61100-43313-9-09 125,000.00 State Conference Instructional Supplies 302-110-0000-1070-316G-61100-46614-9-09 (4,000.00) Internet Services 302-110-0000-1070-316G-61100-43313-9-09 2,000.00 Technology 302-110-0000-1070-316G-61100-46650-9-09 (3,000.00) Education 302-110-0000-1000-305G-61100-41138-9-09 4,320.00 Coordinators Retiree Health Credit 302-110-0000-1000-305G-61100-42200-9-09 350.00 Social Security/FICA 302-110-0000-1000-305G-61100-42201-9-09 331.00 Virginia Retirement 302-110-0000-1000-305G-61100-42202-9-09 2,232.00 System Health/Dental 302-110-0000-1000-305G-61100-42204-9-09 3,500.00 Insurance State Group Life 302-110-0000-1000-305G-61100-42205-9-09 200.00 Insurance Mileage 302-110-0000-1000-3053-61100-45551-9-09 (1,500.00) Indirect Costs 302-110-0000-1000-3050-61100-45586-9-09 217.00 . . Instructional Supplies 302-110-0000-1000-3050-61100-46614-9-09 500.00 Technology 302-110-0000-1000-3050-61100-46650-9-09 (3,000.00) Revenues Federal Grant Receipts 302-000-0000-0000-1370-00000-38365-0-00 12,050.00 State Grant Receipts 302-000-0000-0000-3160-00000-32220-0-00 111,666.00 State Grant Receipts 302-000-0000-0000-305G-00000-32220-0-00 7,150.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST:� `J�/f(��j �� Ste 1 e M. Moon, \.Or.� David A. mowers Stephanie M. Moon, MMC �J David A. Bowers City Clerk Mayor 29 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, b. The 15th day of October, 2012. No. 39521-101512. A RESOLUTION electing and appointing Daniel J. Callaghan as Manager of the City Attorney's Office effective October 17, 2012, and as City Attorney for the City of Roanoke effective upon his admission to the Virginia State Bar, and ratifying the terms and conditions of employment offered to Mr. Callaghan. WHEREAS, the City Council desires to elect and appoint Daniel J. Callaghan as Manager of the City Attorney's Office effective October 17, 2012, and as City Attorney for the City of Roanoke pursuant to the Roanoke Charter of 1952 effective upon his admission to the Virginia State Bar; and WHEREAS, Daniel J. Callaghan has agreed to accept election and appointment Manager of the City Attorney's Office effective October 17, 2012, and as City Attorney effective upon his admission to the Virginia State Bar; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: • - 1. Daniel J. Callaghan is hereby elected and appointed Manager of the City Attorney's Office effective October 17, 2012, and as City Attorney effective upon his admission to the Virginia State Bar, or as soon thereafter as Mr. Callaghan can assume such position, for a term which shall expire September 30, 2014. 2. The terms and conditions of Mr. Callaghan's election and appointment as Manager of the City Attorney's Office and as City Attorney shall be as hereinafter set forth: (a) The annual salary shall be $150,000.00 payable bi-weekly; (b) After completion of six months employment, the City shall pay on behalf of Mr. Callaghan as deferred compensation the sum of $2,000.00 each quarter to the City's deferred compensation plan for Mr. Callaghan's participation in said deferred compensation plan, and the City shall execute any necessary agreements to provide for such payment. During the first year of employment, such amount shall be prorated based on the number of weeks actually worked. (c) Mr. Callaghan will be eligible, as a full time employee, to participate in the Roanoke Pension Plan in accordance with the terms of that plan; 30 (d) Recognizing that the job requirements of City Attorney routinely require incurring of travel related expenses in the course of City business, an annual salary increment of $2,500.00 shall be provided for use by Mr. Callaghan of a privately-owned or leased automobile in the conduct of official City business; (e) Unless the City provides Mr. Callaghan with a cell phone, the City will provide Mr. Callaghan with a monthly stipend, pro-rated for partial months, consistent with City policies to help off-set charges associated with use of his personal cell phone; (f) Mr. Callaghan shall start his employment with one week (40 hours) of paid leave and thereafter shall accrue paid leave at the rate of an employee who has completed one full year of service with the City. Thereafter, accrual and use of paid leave will be in accordance with City policy; (g) Mr. Callaghan shall accrue extended illness leave at a rate of six (6) hours per month and such extended illness leave may be used in accordance with City policy; (h) Mr. Callaghan will be eligible, as a full time employee, to participate in the City's group medical and dental plan. The City shall pay the employer's portion of the premium; (i) The City will put into force on Mr. Callaghan's behalf a disability insurance policy consistent with that available to the City Manager and other Council appointed officers; (j) Under the City's group life insurance policies, Mr. Callaghan will be provided base coverage equal to two times his annual salary and coverage for accidental death equal to four times his annual salary; (k) Mr. Callaghan shall receive reimbursement for one interview trip to Roanoke and reimbursement for two (2) house-hunting and resettlement trip expenses; (I) After being admitted to the Virginia State Bar, the City shall reimburse Mr. Callaghan for moving expenses in accordance with the terms of the offer letter dated July 13, 2012. Reimbursement will be handled through the City's payroll; 31 (m) The City will reimburse Mr. Callaghan or the City will pay directly, the sum of $750.00 paid to the Virginia Board of Bar Examiners as part of the fee associated with Mr. Callaghan's application for admission to the Virginia State Bar; (n) The City will reimburse Mr. Callaghan or the City will pay directly, all direct expenses that Mr. Callaghan incurs while performing duties on behalf of the City, such reimbursement shall be in accordance the City policy; (o) The City will reimburse Mr. Callaghan or the City will pay directly, Mr. Callaghan's annual dues associated with his membership in the Virginia State Bar, Roanoke City Bar Association and such other appropriate associations; (p) Mr. Callaghan will be eligible to use funds made available to the City Attorney's Office to attend training, continuing legal education, and other professional activities. As City Attorney, Mr. Callaghan will have control over the use of these funds to ensure that all members of the staff maintain their requirements for licensing on an annual basis; (q) If the employment of Mr. Callaghan is terminated at any time for • reasons other than "good cause" as defined in the offer letter dated July 13, 2012, the City shall pay a severance in an amount equal to six (6) months salary. This severance shall be paid over six (6) months on the City's regular payroll cycle and will include all benefits; (r) With respect to benefits and terms and conditions of employment not enumerated in this resolution, Mr. Callaghan shall be accorded such benefits and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City; (s) The City will indemnify and hold Mr. Callaghan harmless for any and all loses, including all court costs, attorney fees and other expenses of defense, for any and all claims, demands, suits or judgments arising out of or related to any act or omission Mr. Callaghan is alleged to have committed if, at the time of the act or omission, Mr. Callaghan is acting within the scope of his employment provided there is no evidence of malice or bad faith. 32 3. Mr. Callaghan will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. APPROVED ATTEST: - \ ' n� � M Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2012. No. 39522-101512. 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 December 1, 2012 in Boston, Massachusetts, 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 %tikP4OLDCO/VYVti Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 33 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15`" day of October, 2012. No. 39523-101512. AN ORDINANCE exempting from real estate property taxation certain property of Roanoke Valley Swimming, 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, Roanoke Valley Swimming, 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 October 15, 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. 1380103, commonly known as 1130 Overland Road (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 Swimming, 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. 1380103, commonly known as 1130 Overland 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. 34 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, for so long as the Property is exempted from such taxation. • 3. This Ordinance shall be in full force and effect on January 1 , 2013, 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 Dan Summerlin, Vice-President, and the authorized agent of Roanoke Valley Swimming, Inc. 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, MM David ers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2012. No. 39524-101512. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of a parcel of City-owned property, being • approximately 17.5 acres, located at 2051 Blue Hills Drive, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7230108, to Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on October 15, 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. 35 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, being approximately 17.5 acres, located at 2051 Blue Hills Drive, N. E., Roanoke, Virginia, which is part of the Roanoke Centre for Industry and Technology, and designated as Roanoke City Official Tax Map No. 7230108, to Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op, for the purchase price of $30,000.00, upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated October 15, 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 15th day of October, 2012. No. 39525-101512. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op ("Co- op" ), for the lease of approximately 7.36 acres of City-owned property located at 1970 Blue Hills Drive, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7230104; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on October 15, 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. 36 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, a lease agreement with Roanoke Cooperative Association, Ltd., d/b/a Roanoke Natural Foods Co-op, to lease approximately 7.36 acres of City-owned property located at 1970 Blue Hills Drive, N. E., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 7230104, to be used by the ("Co-op") to establish and operate an urban farm to provide locally grown produce, for a term of five years, at an annual rental of $100.00 per year, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated October 15, 2012. 2, Further, the Co-op shall have the option to purchase the property for $30,000.00 at any time prior to the expiration of the term of the lease. 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 15th day of October, 2012. No. 39526-101512. A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas within it; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendment. rJ 37 WHEREAS, the State has notified localities that any Enterprise Zone that expires on December 31, 2015, is not likely to be renewed. Enterprise Zone Two and its Subzones A and B will expire on December 31, 2015, and it is not anticipated to be renewed, thereby eliminating program eligibility for all current property owners and business owners in Enterprise Zone Two and its Subzones A and B; WHEREAS, there are certain areas currently located within the City's Enterprise Zone Two that would benefit by deleting them from Enterprise Zone Two and including such areas within Enterprise Zone One A's new Subzone B; WHEREAS, the deletion of certain areas as part of the City's Enterprise Zone Two, as set forth above, has a potential to continue to stimulate significant private sector investment within the City in the new Subzone B to Enterprise Zone One A to which such businesses will be redesignated and industrial investment can continue in the area; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendment to Enterprise Zone Two. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is herby applying for an amendment to the City's Enterprise Zone Two, which amendment will delete certain areas currently within such Zone area. Such boundary amendment is more fully shown on the map(s) attached to the City Council Agenda Report dated October 15, 2012, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendment to the City's existing Enterprise Zone Two pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendment will delete certain areas currently within Enterprise Zone Two, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 38 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendment to the City's Enterprise Zone Two for the Department's review and consideration and to " take such further action as may be necessary and/or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendment as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone Two. 5. Any such approved boundary amendment will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: Stephanie M. Moon, MMC David 1C Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of October, 2012. No. 39527-101512. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A that will delete certain areas currently within it; that will add a new noncontiguous Subzone B to Enterprise Zone One A; that will add certain areas not currently within them to Enterprise Zone One A, its Subzone A, and its new Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A that are not utilizing and are not benefiting from the inclusion of such areas within Enterprise Zone One A; 39 WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone A that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Council Agenda Report dated October 15, 2012; WHEREAS, there are additional areas within the City of Roanoke which are eligible for designation as part of an Enterprise Zone and which may be able to benefit by being designated as a new noncontiguous Subzone B of Enterprise Zone One A; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; WHEREAS, the deletion of certain areas and the addition of certain areas as part of the City's Enterprise Zone One A, its Subzone A, and the addition of a new Subzone B, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A, its Subzone A, and the addition of a new Subzone B. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzone A, which amendments will delete certain areas currently within Zone One A and which will add to Zone One A and its Subzone A additional areas which are currently outside such Zone areas. Such boundary amendments will also add other areas as a new noncontiguous Subzone B to Enterprise Zone One A. Such amendments are more fully shown on the map(s) attached to the City Council Agenda Report dated October 15, 2012, and more fully described in such Report. 40 2. The City Manager is hereby authorized to apply, on behalf of the City, to the '.. VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzone A pursuant to the applicable "' provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A and add to Zone One A and its Subzone A certain areas not currently within them, including a new Subzone B, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzone A, including the addition of a new Subzone B, for the Department's review and consideration and to take such further action as may be necessary and/or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A, its Subzone A, and the new --. Subzone B. 5. Local incentives applicable for Enterprise Zone One A and its Subzones shall also be applicable for any new areas covered by such approved boundary amendments, including the new Subzone B. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor wJ 41 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 511' day of November, 2012. No. 39528-110512. A RESOLUTION accepting the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the State Criminal Alien Assistance Program (SCAAP) grant from the Bureau of Justice Assistance Office of Justice Programs in conjunction with the U.S. Department of Homeland Security, in the amount of $19,174.00 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 5, 2012. 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 frA—LIL) YY1. p� v / Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor 42 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. No. 39529-110512. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), 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 Vehicular Equipment 35-140-5912-9010 $19,174.00 Revenues SCAAP FY13 35-140-5912-5912 19,174.00 'w Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ... APPROVED ATTEST: Nal I Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. No. 39530-110512. A RESOLUTION accepting the Blue Ridge Regional DUI Taskforce Grant from the Commonwealth of Virginia's Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. 43 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 City Council Agenda Report dated November 5, 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: •i Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. No. 39531-110512. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles (DMV) for a regional Driving Under the Influence (DUI) safety 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: 44 Appropriations Overtime Wages 35-640-3467-1003 $ 3,019.00 FICA 35-640-3467-1120 231.00 Revenues DMV Regional DUI Grant FY13 35-640-3467-3467 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: / rnbiNJ Air Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. N No. 39532-110512. A RESOLUTION accepting the FY 2012 State Homeland Security Program Grant 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 2012 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $15,000.00, to purchase gas masks, gas mask filters, and gas mask carriers for the Roanoke City Police Department. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated November 5, 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. 45 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 Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. No. 39533-110512. AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the State Homeland Security 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 Expendable Equipment 35-640-3667-2035 5,000.00 Wearing Apparel 35-640-3667-2064 5,000.00 Program Supplies 35-640-3667-2066 5,000.00 Revenues State Homeland Security Grant FY13 35-640-3667-3667 15,000.00 46 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST:41„:,) Stephanie M. Moon, MMC Court . Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. No. 39534-110512. A RESOLUTION authorizing acceptance of the FY 2013 Bulletproof Vest Partnership Grant made to the City of Roanoke by the United States Department of Justice, Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. •.• BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Department of Justice, Office of Justice Programs, the FY 2013 Bulletproof Vest Partnership Grant in the amount of $12,375.00 to the Roanoke City Police Department to purchase 50 concealable bullet resistant vests; and $6,000.00 to the Roanoke City Sheriff's Department to purchase 16 concealable bullet resistant vests. Each department is required to satisfy a 50 percent local in-kind match. Such grant being more particularly described in the City Council Agenda Report dated November 5, 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. 47 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 Justice Programs in connection with the acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon, MMC 1 Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. No. 39535-110512. 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 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 Wearing Apparel-Sheriff 35-140-5911-2064 $6,000.00 Wearing Apparel-Police 35-640-3429-2064 12,375.00 Revenues Bulletproof Vest FY13—Sheriff 35-140-5911-5911 6,000.00 Bulletproof Vest FY13—Police 35-640-3429-3429 12,375.00 48 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: MMc j. Step anie M. Moon, MMC� Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. No. 39536-110512. A RESOLUTION authorizing acceptance of a donation from the Firehouse Subs Public Safety Foundation to the Roanoke Fire-EMS Department for two thermal imaging .. cameras, and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Firehouse Subs Public Safety Foundation, a donation to the Roanoke Fire- EMS Department for two thermal imaging cameras, valued at approximately $9,000.00, as more particularly set forth in the City Council Agenda Report dated November 5, 2012. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents required to accept such donation. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: �^ St ie M. Moonoon ,VilMk Court G. Rosen City Clerk Vice-Mayor - 49 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5`" day of November, 2012. No. 39537-110512. A RESOLUTION authorizing payment of supplementary compensation and restoration of certain benefits to certain employees called to active military duty. BE IT RESOLVED by the City Council of the City of Roanoke that: 1. The City shall pay, upon request, to any City employee who is a military reservist/national guard and who, between October 1, 2012, and September 30, 2013, 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 City Council Agenda Report dated November 5, 2012. APPROVED ATTEST: Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor 50 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of November, 2012. No. 39538-110512. AN ORDINANCE to transfer funding from the Franklin Road Bridge Renovation and Berkley Road Bridge Over Glade Creek Renovation projects to the 9th Street S. E. Over Roanoke River Bridge Renovation 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: Capital Projects Fund Appropriations Appropriated from General Revenue 08-530-9616-9003 ( 300,098.00) Appropriated from State Grant Funds 08-530-9616-9007 ( 27,601.00) Appropriated from State Grant Funds 08-530-9616-9007 34,929.00 Appropriated from State Grant Funds 08-530-9519-9007 ( 34,929.00) Appropriated from General Revenue 08-530-9525-9003 300,098.00 Appropriated from State Grant Funds 08-530-9525-9007 27,601.00 Revenues VDOT—Berkley Rd Bridge Renovations 08-530-9616-9616 (27,601.00) VDOT-9th St over NSRW Bridge Rehab 08-530-9616-9616 34,929.00 VDOT—Franklin Rd Bridge Repairs 08-530-9519-9519 ( 34,929.00) VDOT-9th St Bridge Renovation 08-530-9525-9526 27,601.00 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: WS ephanie M. Moon, MMC Court G. Rosen .. City Clerk Vice-Mayor 51 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 5th day of November 2012. No. 39539-110512. A RESOLUTION recognizing the outstanding services rendered to the City by Timothy Ross Spencer as Acting City Attorney. WHEREAS, Timothy Ross Spencer has served with distinction as an Assistant City Attorney since January 5, 2004; WHEREAS, upon the retirement, effective December 31, 2011, of William M. Hackworth, City Attorney, Mr. Spencer undertook the duties of Acting City Attorney, in addition to his own work load, and served as Acting City Attorney from January 1, 2012, through October 31, 2012; WHEREAS, Mr. Spencer has been a devoted servant of the law and of the City of Roanoke and has given unselfishly of his time and abilities while displaying the highest degree of professionalism and competence; WHEREAS, by practicing preventive law, Mr. Spencer has skillfully guided the City's legal affairs and furthered and protected the legal interests of the City during his tenure as Acting City Attorney; and WHEREAS, this Council is desirous of extending its appreciation to Mr. Spencer for his outstanding services during the period of January 1, 2012, through October 31, 2012, while performing as Acting City Attorney. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council adopts this Resolution as a means of recognizing and extending its appreciation for the outstanding professional services rendered to the City by Timothy Ross Spencer during his tenure as Acting City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMt Court G. Rosen City Clerk Vice-Mayor • 52 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, . • The 19th day of November, 2012. No. 39540-111912. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2013 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated .. November 19, 2012, recommended to Council a Legislative Program to be presented at the 2013 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 19, 2012, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2013 Session of the General Assembly. 2. The Clerk is directed to issue cordial invitations to the City's Senator and Delegates to the 2013 Session of the General Assembly to attend Council's meeting relating to legislative matters, to be held at 9:00 a.m., on December 3, 2012. APPROVED ATTEST: Sm. Q Step nie M. Moon, MMC David A. Bowers City Clerk Mayor 53 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2012. No. 39541-111912. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2012 - 2013 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 2012 - 2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Coach 302-110-0000-0340-157G-61100-41125-2-01 65,000.00 Resource Teacher 302-110-0000-0340-1570-61100-41121-2-01 45,000.00 Data Coach/Manager 302-110-0000-0340-157G-61100-41125-2-01 45,000.00 Home-School Coordinator 302-110-0000-0340-1570-61100-41125-2-01 24,000.00 (PT) Teacher Assistants 302-110-0000-0340-157G-61100-41141-2-01 96,000.00 Supplemental Pay Stipends 302-110-0000-0340-1570-61100-41129-2-01 75,635.00 Retiree Health Credit 302-110-0000-0340-157G-61100-42200-2-01 2,104.00 Social Security 302-110-0000-0340-157G-61100-42201-2-01 26,823.00 Virginia Retirement System 302-110-0000-0340-1570-61100-42202-2-01 31,621.00 Health/Dental 302-110-0000-0340-157G-61100-42204-2-01 8,000.00 Group Lite Insurance 302-110-0000-0340-1570-61100-42205-2-01 982.00 Purchased Services 302-110-0000-0340-157G-61100-43313-2-01 41,500.00 Travel-Mileage 302-110-0000-0340-157G-61310-45551-2-01 4,000.00 Science Instructional 302-110-0000-0400-157G-61100-41125-3-01 96,000.00 Coaches Math Remediation Teacher 302-110-0000-0400-157G-61100-41121-3-01 45,000.00 Math Tutors 302-110-0000-0400-1570-61100-41121-3-01 57,600.00 Supplemental Pay Stipends 302-110-0000-0400-1570-61100-41129-3-01 104,512.00 Database Administrator 302-110-0000-0400-157G-61100-41125-3-01 45,000.00 Retiree Health Credit 302-110-0000-0400-157G-61100-42200-3-01 2,089.00 Social Security 302-110-0000-0400-157G-61100-42201-3-01 23,127.00 Virginia Retirement System 302-110-0000-0400-1570-61100-42202-3-01 31,109.00 Health/Dental 302-110-0000-0400-157G-61100-42204-3-01 4,000.00 Group Lite Insurance 302-110-0000-0400-1570-61100-42205-3-01 975.00 Purchased Services 302-110-0000-0400-1570-61100-43313-3-01 151,300.00 Travel—Mileage 302-110-0000-0400-157G-61310-45551-3-01 4,000.00 Materials and Supplies 302-110-0000-0400-157G-61100-46614-3-01 3,000.00 Testing and Evaluation 302-170-3000-1160-3140-61100-45584-3-03 2,296.00 Contracted Services 302-120-0000-1000-7510-61100-43313-2-02 1,000.00 Contracted Services 302-120-0000-1000-7510-61100-43313-3-02 1,000.00 Books 302-120-0000-1000-7510-61100-43313-2-02 1,427.00 �-' Books 302-120-0000-1000-7510-61100-43313-3-02 1,883.00 54 -- Revenues Federal Grant Receipts 302-000-0000-0000-157G-00000-38377-0-00 1,033,377.00 State Industry Certification Receipts 302-000-0000-0000-314G-00000-32349-0-00 2,296.00 Private Foundation Grant Receipts 302-000-0000-0000-7510-00000-33808-0-00 5,310.00 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: 9 1J01 • ri b-,,' Stephanie M. Moon, MMC D Id A. Bowers ~_ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2012. - No. 39542-111912. 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, Ssunny Shah, on behalf of Lorrd Ganeshji, Inc., has made application to the Council of the City of Roanoke, Virginia ( City Council"), to have a property located at 1917 Franklin Road, S. W., bearing Official Tax Map No. 1272801, rezoned by deleting an existing proffer and adding a new proffer, such property to remain CG, Commercial District, with conditions; 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; 55 WHEREAS, a public hearing was held by City Council on such application at its meeting on November 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, 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. 1272801, be, and are hereby rezoned to CG, Commercial General District, with conditions, as set forth in the Zoning Amended Application No. 3, dated October 17, 2012, such proffers relating to the number of motor vehicle trips generated by all of the uses on the subject property, and ` the proffer accepted by City Council by its adoption of Ordinance No. 38343-012209, on January 22, 2009, relating to electronic readerboards. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 1.41 . trY7 Q Q3c_ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 56 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2012. No. 39543-111912. 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, Drew H. Kepley, on behalf of Drew H. Kepley and Everett Holdings, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have properties located at 1606 Belleview Avenue, S. E., bearing Official Tax Map No. 4041902, and four unaddressed lots on Thyme Street, S. E., bearing Official Tax Map Nos. 4041904, 4041905, 4041906, and 4041907, rezoned to remove certain proffered conditions and to add certain new proffered conditions on the subject parcels, such parcels to remain MX, Mixed Use District, with certain conditions; 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 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, require 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. 57 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. 4041902, 4041904, 4041905, 4041906 and 4041907, be, and are hereby rezoned to MX, Mixed Use District, with conditions, subject to the proffers proposed in the Zoning Amended Application No. 1, dated October 15, 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 *F-1/410..,14—) ATTEST: T: i1 / Stephanie M roon ,MMC avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19t day of November, 2012. No. 39544-111912. AN ORDINANCE amending and reordaining §32-240, Levied: rate, Code of the City of Roanoke (1979), as amended, by establishing a new transient occupancy tax rate; providing for an effective date and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-240, Levied; rate, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as as follows: Sec. 32-240. - Levied; rate. There is hereby imposed and levied on each and every transient a tax equivalent to covon (7) eight (8) percent of the total amount paid for room rental by or for such transient to any hotel. 2. This ordinance shall be in full force and effect as of January 1, 2013. 58 3. 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 David A.A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of November, 2012. No. 39545-111912. A RESOLUTION authorizing the negotiation, execution, implementation, administration, and enforcement of a joint agreement among the City of Roanoke, the City of Salem, Roanoke County, and Roanoke Valley Convention and Visitors Bureau - (RVCVB) to provide additional funding to RVCVB to promote tourism in the Roanoke area; and authorizing the termination of the current agreement between the City of Roanoke and RVCVB dated July 1, 2012. WHEREAS, by Agreement dated July 1, 2012, the City of Roanoke provides RVCVB funding in the amount of $781,251.00 to assist in the promotion of tourism in the Roanoke area. The City of Salem and the County of Roanoke also provide RVCVB with funding; and WHEREAS, RVCVB has requested that each locality grow the level of funding and contribute 3% of their respective Transient Occupancy Tax to RVCVB to promote tourism. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Roanoke, Virginia, as follows: 1. The City Manager is hereby authorized to negotiate, execute, implement, administer, and enforce a joint agreement, in a form approved by the City Attorney, among the City of Roanoke, the City of Salem, Roanoke County, and Roanoke Valley Convention and Visitors Bureau (RVCVB) pursuant to Section 15.2-1300, Code of Virginia (1950), as amended, to provide additional funding to RVCVB on terms, conditions and obligations substantially similar to the existing agreement dated July 1, 2012. 59 2. The City Clerk is authorized to attest such joint agreement. 3. Upon execution of a joint agreement among the City of Roanoke, the City of Salem, Roanoke County and RVCVB the current agreement between the City of Roanoke and RVCVB, dated July 1, 2012, will terminate. The City Manager is hereby authorized to execute such documents, in a form approved by the City Attorney, to effectuate such termination in accordance with this Resolution, all as more fully set out in the report to Council dated November 19, 2012. 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 November, 2012. No. 39546-111912. AN ORDINANCE to increase the Roanoke Valley Convention and Visitors Bureau funding and Transient Occupancy Tax 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 Roanoke Valley Convention and Visitors Bureau 01-300-7220-3689 $ 225,200.00 Revenues Transient Occupancy Tax 01-110-1234-0225 225,200.00 60 Pursuant 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 3rd day of December, 2012. No. 39547-120312. AN ORDINANCE authorizing the proper City officials to execute a contract and the necessary documents between the City and the Times-World, LLC, to sell to the City, the Mill Mountain Radio Tower and Transmitter Building, located on a portion of certain City-Owned Property, located at 2080 Prospect Road, S. E., Roanoke, Virginia, and designated as Tax Map No. 4050306A, 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. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of the proposed Sales Contract between the City and the Times-World, LLC, as set forth in the attachment to the City Council Agenda Report dated December 3, 2012, which Contract provides for certain undertakings and obligations by the Times-World, LLC, 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. 61 2. The City Manager is hereby authorized on behalf of the City to execute a Sales Contract to purchase from the Times-World, LLC, the Mill Mountain Radio Tower and Transmitter Building, which is located on a portion of certain City-Owned property located at 2080 Prospect Road, S. E., Roanoke, Virginia, and designated as Tax Map No. 4050306A, upon certain terms and conditions as set forth in the Sales Contract attached to the City Council Agenda Report dated December 3, 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 by the City to the Times- World, LLC, is $184,405.00. 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. 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. 6. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: 2t , --11> dam,. n c 3 ca . Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3`d day of December, 2012. No. 39548-120312. AN ORDINANCE to appropriate funding from the Department of Technology Retained Eamings to the Department of Technology Mill Mountain Tower & Transmitter Acquisition 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. 62 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 General Revenue 13-430-9983-9003 $ 184,405.00 Fund Balance Retained Earnings —Available 13-3348 (184,405.00) 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 on MMC a �/ David A. Bowers City Clerk Mayor ,,m IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of December, 2012. No. 39549-120312. A RESOLUTION closing certain City offices Monday, December 24, 2012, and Monday, December 31, 2012, and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed Monday, December 24, 2012, and Monday, December 31, 2012. 2. City personnel who are not engaged in performing emergency services or other necessary and essential services for the City shall be excused from work for eight hours Monday, December 24, 2012, and Monday, December 31, 2012. M .•-• 63 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 Monday, December 24, 2012, and/or Monday, December 31, 2012, such employees, regardless of whether they are scheduled to work Monday, December 24, 2012, or Monday, December 31, 2012, shall be accorded time off at a later date. Employees of the Fire-EMS Department working the three platoon system shall receive a total of twenty-four hours of holiday time due to their work schedule for these days. 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: Afro- SOQ Stephanie M. Moon, MMC David A. Bowers • City Clerk Mayor 64 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. ... No. 39550-121712. A RESOLUTION expressing the appreciation of City Council for the efforts of the Mayor's Committee for People with Disabilities, formerly known as the Mayor's Committee on Employment of the Handicapped and the Mayor's Committee for the Disabled (the "Mayor's Committee") and endorsing the recommendation of the Committee that it be restructured and reorganized as a valley-wide committee under the auspices of Blue Ridge Independent Living Center, a private, non-profit community agency. WHEREAS, the Honorable Roy L. Webber, Mayor of the City of Roanoke, created the Mayor's Committee, then known as the Mayor's Committee on Employment of the Handicapped, in 1969 to bring people with disabilities together with prospective employers to address the issue of high unemployment among individuals with disabilities; WHEREAS, the Mayor's Committee has provided various forums for over forty (40) years through which individuals with disabilities have been able to interact with various advocates for the improvement of employment opportunities among individuals with disabilities; WHEREAS, the Mayor's Committee has provided these forums and activities through the dedicated commitment of volunteers; WHEREAS, the Mayor's Committee has assessed its role in the community as issues involving individuals with disabilities have evolved with the enactment and implementation of the Americans with Disabilities Act and the creation of various agencies to assist individuals with disabilities to become more independent and to empower individuals with disabilities with skills to advocate on behalf of individuals with disabilities; WHEREAS, the Mayor's Committee recommends that the Committee be restructured and reorganized as a private, valley-wide committee under the guidance and direction of Blue Ridge Independent Living Center rather than as a committee created by the Mayor of the City of Roanoke; 65 WHEREAS, the Mayor's Committee for People with Disabilities has presented its recommendation to the Mayor and a copy of the recommendation is attached to this Resolution; WHEREAS, the Honorable David A. Bowers, Mayor of the City of Roanoke, has advised the Council that based on the recommendation of the Mayor's Committee, he will discontinue the Mayor's Committee effective January 1, 2013; and WHEREAS, Council wishes to thank the Mayor's Committee for People with Disabilities for its years of service and commitment to individuals with disabilities and to endorse the recommendation of the Committee that it be restructured and reorganized as a private, valley-wide committee under the auspices of Blue Ridge Independent Living Center. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council expresses its appreciation and gratitude to the Mayor's Committee and its members for their commitment and dedication to individuals with disabilities by developing activities and programs which seek to improve employment opportunities for individuals with disabilities. 2. Council endorses the recommendation of the Mayor's Committee that it be restructured and reorganized as a private, valley-wide committee under the auspices of Blue Ridge Independent Living Center. 3. Council directs the City Clerk to provide a certified copy of this Resolution to each member of the Mayor's Committee and to the Director of the Blue Ridge Independent Living Center. APPROVED ATTEST: In • ni6v,J ccAQ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 66 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39551-121712. A RESOLUTION amending Paragraph 5 of the Percent-for-Art Program Guidelines; and authorizing the City Manager to take such further action and/or execute such additional documents as may be needed to implement such Amendment and to administer and enforce such amended Guidelines. WHEREAS, on October 3, 2002, the City Council adopted by Resolution No. 36076-100302 new guidelines for the Percent-for-Art Program; and WHEREAS, the Roanoke Arts Commission has requested City Council to amend the 2002 Guidelines as set forth in the City Council Agenda Report dated December 17, 2012. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The 2002 Percent-for-Art Program Guidelines are hereby amended by r. deleting Paragraph 5 of such Guidelines and replacing it with the following Paragraph 5: ... 5. The Plan, and updates thereto, will be presented to City Council by the City Manager and the Commission by August 31 of each year for review and approval, as well as Council approval and/or appropriation of funding as needed. Such Amendment to Paragraph 5, as further shown in the redlined Guidelines attached to the City Council Agenda Report dated December 17, 2012, and the other redlined changes noted therein are hereby approved by Council as of the date of this Resolution. 67 ` 2. The City Manager is authorized to take such further action and/or execute such additional documents, approved as to form by the City Attorney, as may be needed to implement such Amendment to the Guidelines and to administer and enforce such amended Guidelines. The Percent-for-Art Program Guidelines, as amended above, shall remain in full force and effect. APPROVED ATTEST: n. 'l `Q Stephanie M. Moon, MMC David A. Bowers "^ City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39552-121712. A RESOLUTION authorizing the City Manager to amend the 2010 - 2015 Consolidated Plan, regarding Community Development Block Grant (CDBG) funding, - and to submit and execute necessary documents to the U.S. Department of Housing and Urban Development (HUD). 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 December 17, 2012, 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: yy, LD �`�jj- •■ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 68 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39553-121712. AN ORDINANCE to amend the 2010 - 2015 HUD Consolidated Plan for Community Development Block Grant (CDBG) funds, 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 Neighborhood Infrastructure & Develop 35-G10-1037-5550 $ (3,490.00) Hurt Park Rebuilding Rehab-Project 35-G11-1119-5538 (42,218.00) Fair Housing Analysis of Impediments 35-G11-1121-5566 (20,884.00) TAP Bridge Year Owner Rehab-Project 35-G12-1219-5573 (9,930.00) TAP Bridge Year Owner Rehab- (41,155.00) Delivery 35-G12-1219-5574 "'44 RRHA Loan Portfolio & Property Mgt 35-G12-1221-5584 (25,000.00) Unprogrammed CDBG Funds 35-G13-1319-5184 (7,500.00) `a Residential Façade Pilot Project 35-G13-1319-5619 75,459.00 Chapman Avenue Rehab 35-G13-1319-5620 42,218.00 Blight Remediation 35-G13-1319-5622 7,500.00 RRHA Loan Portfolio & Property Mgt 35-G13-1321-5584 (5,000.00) RRHA Choice Neighborhood Match 35-G13-1321-5621 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 David A. Bowers City Clerk Mayor 69 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39554-121712. AN ORDINANCE to appropriate funding from the Fleet Management Retained Earnings for the purchase of a bulk fluid and dispensing system, exhaust removal system, and an upgraded fueling system, amending and re-ordaining certain sections of the 2012 - 2013 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that certain sections of the 2012 - 2013 Fleet Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 17-440-2642-9015 $ 350,000.00 Fund Balance Retained Earnings 17-3348 (350,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ern- fI Cil>") M soC Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39555-121712. AN ORDINANCE authorizing the City Manager to execute the Roanoke Valley Regional Pound Agreement ("Agreement"), among the City of Roanoke, Town of Vinton, County of Roanoke, and County of Botetourt, to operate a regional animal shelter among all four (4) jurisdictions; authorizing the City Manager to execute any and all documents necessary to establish a regional animal shelter consistent with the terms and conditions of the Agreement; and dispensing with the second reading of this ordinance by title. 70 BE IT ORDAINED by the Council of the City of Roanoke as follows: r 1. The City Manager is authorized to execute the Roanoke Valley Regional Pound Agreement, among the City of Roanoke, Town of Vinton, County of Roanoke, and County of Botetourt, to operate a regional animal shelter among all four (4) jurisdictions to be located on a portion of Roanoke Tax Map No. 3210401, known as 1340 Baldwin Avenue, Roanoke, Virginia, fora term commencing April 1, 2013, and ending June 30, 2023, and renewable each ten (10) year anniversary date on July 1 for an additional ten (10) year term, substantially in the form attached to the City Council Agenda Report dated December 17, 2012. 2. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the creation of the regional animal shelter consistent with this Agreement, and all such documents shall be approved as to form by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: ^ Stephanie M. Moon, MM David A. Bowers Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17n' day of December, 2012. No. 39556-121712. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2012 - 2013 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 2012 - 2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 71 Appropriations Adult Ed Teacher 302-160-0000-1305-3530-61100-41121-9-07 $12,750.00 Counselor 302-160-0000-1305-353G-61100-41123-9-07 4,652.00 Social Security 302-160-0000-1305-353G-61100-42201-9-07 975.00 GED 302-160-0000-1305-355G-61100-41121-9-07 20,000.00 Teacher/Examiner Social Security 302-160-0000-1305-3550-61100-42201-9-07 1,520.00 GED Testing Fees 302-160-0000-1305-3550-61100-43313-9-07 12,600.00 Testing Materials 302-160-0000-1305-3550-61100-45584-9-07 4,000.00 Instructional Supplies, 302-110-1101-0000-135G-61100-46614-2-01 250.00 Elementary Instructional Supplies, 302-110-1101-0000-135G-61100-46614-3-01 422.00 Secondary Revenues State Grant Receipts 302-000-0000-0000-3530-00000-32298-0-00 18,377.00 State Grant Receipts 302-000-0000-0000-355G-00000-32298-0-00 38,120.00 Federal Grant Receipts 302-000-0000-0000-135G-00000-38367-0-00 672.00 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 17th day of December, 2012. No. 39558-121712. A RESOLUTION naming The Reverend Carl T. Tinsley, Sr., as the 2012 Citizen of the Year for the City of Roanoke. WHEREAS, Reverend Tinsley is a native of Franklin County, and a lifelong resident of the City of Roanoke for over 50 years; attended Cornet Business School, Virginia Western Community College and Shenandoah Bible College; and served as a Radio and Radar Technician and Operator Flight Squadron, crewman, and Third Class Petty Officer in the U. S. Navy. 72 WHEREAS, Reverend Tinsley retired from Norfolk and Western Railway Company (Norfolk Southern Corporation), with 38 years of dedicated service, was the first African American clerk in the Traffic Department, has demonstrated a r° heartfelt interest in higher education and for the advancement of minorities in the Roanoke Valley and has helped solve controversial neighborhood and community issues by working hand-in-hand with City government. WHEREAS, Reverend Tinsley has been a servant for the Lord for over 41 years, and has pastored at First Baptist Church - Natural Bridge, First Baptist Church — Catawba, Indian Rock Baptist, First Baptist Church — Cloverdale, he is the current pastor of First Baptist Church - Buena Vista where he has shown dedication in ministering and caring for the needs of each member, and also serves as an Associate Pastor of St. John's Episcopal Church. WHEREAS, Reverend Tinsley currently serves as the Chairman of the Roanoke City Electoral Board and is active in many organizations within the Roanoke Valley for which he has received many awards and honors, including the SCLC Martin Luther King Drum Major for Justice and the Martin Luther King Religious Affairs Awards; he is a life member and Past President of the Roanoke Branch NAACP (National Association for the Advancement of Colored People), President of the Ministers' Conference of the Roanoke Valley and Vicinity, President of the Northwest Neighborhood Environmental Organization (NNEO), Past Vice- .. President of Fairland Civic Organization, and Past Chairman of the Roanoke City Democratic Committee (first African American to hold this post). THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Reverend Carl T. Tinsley, Sr., was named the 2012 Citizen of the Year and was bestowed the prestigious Key to the City by Mayor David A. Bowers at the City's Annual Volunteer Reception which was held on November 14, 2012. 2. The City Clerk is directed to transmit an attested copy of this resolution to The Reverend Carl T. Tinsley, Sr. APPROVED ATTEST: }} rn° (� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 73 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39559-121712. AN ORDINANCE amending and reordaining Ordinance No. 39511-091712, adopted September 17, 2012 to correct scriveners' errors regarding the recommendation of the Planning Commission contained in the title and recitals of Ordinance No. 39511-091712, and approving an amendment to the Countryside Master Plan, a component of Vision 2001 - 2020, the City's Comprehensive Plan, which amendment changes the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) of the Comprehensive Plan from Agriculture to Recreation; and dispensing with the second reading by title of this ordinance. WHEREAS, on July 19, 2012, the Planning Commission held a public hearing to consider an amendment to the Countryside Master Plan ("Master Plan"), which Master Plan had been adopted by the City Council on June 20, 2011 , as a component of Vision 2001 - 2020, the City's Comprehensive Plan ("Vision 2020"), such amendment to the Master Plan changing the land use designation of the Portland Planning Area (consisting of Tax Map Nos. 6421001 and 6421113) from Agriculture to Recreation ("Proposed Amendment"); WHEREAS, on July 19, 2012, the motion considered by the Planning Commission to recommend to City Council adoption of the Proposed Amendment failed by a vote of 2 to 5; 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 September 17, 2012, to consider the Proposed Amendment, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such Proposed Amendment; WHEREAS, this Council on September 17, 2012, after considering the action of the Planning Commission taken on July 19, 2012, and the matters presented at the public hearing held on September 17, 2012, found that the public necessity, convenience, general welfare and good zoning practice, required the adoption of the Proposed Amendment, and for those reasons adopted Ordinance No. 39511- 091712; 74 WHEREAS, Ordinance No. 39511-091712 incorrectly stated in the title and recitals that the Planning Commission recommended adoption of the Proposed Amendment when, in fact, the Planning Commission's motion to recommend the Proposed Amendment to this Council failed by a vote of 2 to 5; 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 December 17, 2012, to consider the amendment to Ordinance No. 39511-091712, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment to Ordinance 39511-091712; WHEREAS, this Council remains of the opinion that the Proposed Amendment should be adopted and incorporated into the Master Plan and Vision 2020; WHEREAS, the Council believes that Ordinance No. 39511-091712 should be amended to reflect more accurately the action taken by the Planning Commission at its public hearing on July 19, 2012; and WHEREAS, this Council on December 17, 2012, after considering the action of the Planning Commission taken on July 19, 2012, and the matters presented at the public hearings held on September 17, 2012, and December 17, 2012, found that s. the public necessity, convenience, general welfare and good zoning practice, required the adoption of the Proposed Amendment and this amendment to .. Ordinance No. 39511-091712. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That Ordinance No. 39511-091712, adopted on September 17, 2012, be amended and reordained to reflect more accurately the action taken by the Planning Commission at its public hearing on July 19, 2012, as set forth in the City Attorney's letter dated December 17, 2012, to this Council and as set forth in this ordinance. 2. That Ordinance No. 39511-091712, adopted on September 17, 2012, be amended and reordained to reflect that this Council approves the amendment to the Countryside Master Plan, such amendment changing the land use designation of the Portland Planning Area (consisting of Official Tax Map Nos. 6421001 and 3451113) from Agriculture to Recreation, and thereby approves the Countryside Master Plan, as amended by this action, and Vision 2001-2020, the City's Comprehensive Plan, as amended by this action. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. �.I 75 4. 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of December, 2012. No. 39560-121712. AN ORDINANCE providing for the conveyance of certain City-owned property and property interests to the Virginia Department of Transportation ("VDOT") to support a VDOT street improvement project designed to improve a portion of 10`h Street; authorizing the City Manager to execute the necessary documents providing for the conveyance of the City-owned property and property interests, upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on December 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. To provide for a VDOT street improvement project designed to improve that portion of 10th Street from Fairfax Avenue to Williamson Road ("Project"), the City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the following conveyances of City-owned property and property interests to VDOT, in accordance with the terms and conditions as more particularly stated in the City Council Agenda Report dated December 17, 2012: a. A Deed conveying that parcel designated as Tax Map No. 2120315, more or less, in fee simple, in order for the property to be used by VDOT as a right of way to support the Project, with no consideration offered, 76 b. Three Temporary Construction Easements conveying temporary construction easements across those parcels designated as Tax Map Nos. 2130613, 2130614 and 2130615, to use in connection with the Project, with no consideration offered, c. A Temporary Construction Easement across a portion of Tax Map No. 2060828, along with an option to purchase an approximate 70 square foot portion of the parcel, for the purchase price of $300.00, and d. A Permanent Drainage Easement and a Traffic Control Easement across that parcel designated as Tax Map No. 3160105, for the purchase price of $1,350.00. 2. All documents necessary for these conveyances 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, MMCr'1 David A. Bowers City Clerk Mayor 77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 2013. No. 39557-010713. 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, Wayne and Beverly Embrey 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 December 17, 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 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 situated in the City of Roanoke, Virginia, and more particularly described as follows: An approximately 1,201 square foot portion of the alley situated between Official Tax Map Nos. 4221015, 4221016, 4221017 and 4221025 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, 78 -- 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 IF FURTHER ORDAINED that closure of the subject right-of-way shall be subject to the condition that the applicant 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 within the right-of- way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. .+ BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. w 79 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, • The 7th day of January, 2013. No. 39561-010713. A RESOLUTION authorizing acceptance of the FY2012 and FY2013 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 $11,904.00 and the FY2013 Fire Programs Funds Grant in the amount of $259,388.00, for total grant funds of $271,292.00, with no local match, such grant being more particularly described in the City Council Agenda Report dated January 7, 2013. 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. 80 -- 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: Moon, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 2013. No. 39562-010713. AN ORDINANCE appropriating funding from the Commonwealth of Virginia .. Department of Fire Programs, 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 35-520-3341-2035 $ 11,904.00 Expendable Equipment <$5,000.00 35-520-3342-2035 62,405.00 Training and Development 35-520-3342-2044 62,405.00 Wearing Apparel 35-520-3342-2064 69,578.00 Recruiting 35-520-3342-2065 5,000.00 Regional Fire Training Academy 35-520-3342-9073 60,000.00 Revenues Fire Program FY12 35-520-3341-3341 11,904.00 Fire Program FY13 35-520-3342-3342 259,388.00 81 Pursuant 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 T.ribald p Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January 2013. No. 39563-010713. AN ORDINANCE to transfer funding from the Aviation & Towne Square Boulevard project to the Capital Street Paving FY14, Neighborhood Storm Drains, and 9th Street S. E. Over Roanoke River Bridge Renovation projects, 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 08-530-9504-9003 $ 181,319.00 Appropriated from State Grant Funds 08-530-9525-9007 27,601.00 Appropriated from State Grant Funds 08-530-9734-9007 21,060.00 Appropriated from State Grant Funds 08-530-9830-9003 (181,319.00) Appropriated from State Grant Funds 08-530-9830-9007 (48,661.00) Revenues VDOT-9t" St Bridge Renovation 08-530-9525-9526 27,601.00 VDOT—City-wide Storm Drain 21,060.00 Improvement 08-530-9734-9734 VDOT—Aviation Dr & Towne Square 08-530-9830-9832 (48,661.00) 82 -- Pursuant to the provisions of Section 12 of the City Charter, the second reading - ' of this ordinance by title is hereby dispensed with. APPROVED ATTEST: yy) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 2013. No. 39564-010713. A RESOLUTION appointing a task force to study the current alignment of the City's voting precincts, consider the current proposal for realignment of the City's voting .•111 precincts submitted by the City of Roanoke Electoral Board, and make a recommendation to City Council as to whether the voting precincts may be realigned or consolidated to make voting more efficient and convenient to maximize voter participation. WHEREAS, the City currently has 32 voting precincts and one additional precinct for absentee voting, all of which comply with State mandates as to the maximum and minimum number of voters within each precinct, and all of which comply with State mandates as to their configuration in that each precinct is "compact and contiguous" and has "clearly defined and clearly observable boundaries"; WHEREAS, each of the City's voting precincts requires its own voting machines and five officers of elections and the actual polling place must conform to requirements of the Americans with Disabilities Act and other laws, rules, and regulations, making the determination of acceptable polling places more difficult; WHEREAS, the number of registered voters within the 32 voting precincts vary in size from a low of approximately 1,300 registered voters to a high of more than 4,100 registered voters; 83 • WHEREAS, each voting precinct is assigned two (2) electronic poll books, regardless of the number of voters registered in any such voting precinct; WHEREAS, voters in some voting precincts within the City experienced long waits in lines during the November 6, 2012 general election; WHEREAS, the City of Roanoke Electoral Board, in consultation with officials with the City's Planning Department and the City Registrar, proposed a realignment of the City's voting precincts from 32 to 19 (and one additional voting precinct for absentee voters) to City Council in January 2012 (the "Electoral Board Proposal"); WHEREAS, the City of Roanoke Electoral Board held five (5) public Stop-In Sessions throughout the City in August 2012 to receive input from citizens regarding the Electoral Board Proposal; WHEREAS, City Council held a public hearing on November 19, 2012 to receive input from citizens regarding the Electoral Board Proposal; WHEREAS, the City has not comprehensively revised its voting precincts in many years and a realignment or consolidation of voting precincts in a fashion which will reduce the number of voting precincts may be warranted to make voting more efficient and convenient for citizens of the City and thereby maximize voter participation in elections; and WHEREAS, City Council desires to have citizens who have an interest in, and knowledge of, this City's election process to review the City's current alignment of voting precincts, consider the Electoral Board Proposal, and make such recommendations to City Council as they may deem advisable regarding the realignment or consolidation of the City's voting precincts to make the voting precincts efficient and convenient to the citizens of the City in order to maximize voter participation. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. A task force of nine (9) individuals nominated by the organizations or bodies identified below is established to review the current alignment of the City's voting precincts, the Electoral Board Proposal, and the voting process and to make such recommendations to City Council as to the realignment or consolidation of the City's voting precincts as this task force deems advisable. Each of the following organizations or bodies shall nominate an individual who is a resident of the City not currently serving 84 in elected public office to serve on this task force and City Council shall consider such nominations and make appointments at the February 4, 2013 regular session of the City Council; (a) One (1) member nominated by the Roanoke Branch, National Association for the Advancement of Colored People (NAACP); (b) One (1) member nominated by the Roanoke Chapter, Southern Christian Leadership Conference (SCLC) (c) One (1) member nominated by the Roanoke City School Board; (d) One (1) member nominated by the Roanoke Neighborhood Advocates; (e) One (1) member nominated by the Blue Ridge Independent Living Center; (f) One (1) member nominated by the Republican Committee of .,. the City of Roanoke; . (g) One (1) member nominated by the Democratic Committee of the City of Roanoke; and (h) Two (2) officers of elections nominated by the City of Roanoke Electoral Board. 2. The City Clerk shall notify each organization or body of the creation of this task force and request each organization or body to submit the name, address, and occupation of its nominee(s) to the City Clerk's Office no later than January 28, 2013 at 4:00 p.m. 3. Following their appointments, the members of this task force shall elect a chair and a secretary. The chair shall be responsible for calling meetings of the task force and performing all responsibilities for the conduct of such meetings. The secretary shall maintain minutes of all meetings. This task force shall hold at least two (2) public hearings to receive comments from citizens. Each public hearing shall be set with at least five (5) days and not more than ten (10) days prior notice by publication. The City shall include notices on its website. I- 85 4. The City Attorney shall provide reasonable staffing assistance to this task force. 5. The City Manager and the City of Roanoke Electoral Board are requested to provide such additional reasonable staff assistance to this task force as may be necessary for it to accomplish its purpose. 6. This task force is requested to provide its recommendations to Council, in writing, by May 14, 2013, and present its recommendations to Council during the Council regular session on May 20, 2013. APPROVED ATTEST: UPPLOAl:t2 rh.ritto-J 9Cegsaaas Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of January, 2013. No. 39565-010713. A RESOLUTION authorizing the Issuance and sale of not to exceed seventy million dollars ($70,000,000.00) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds; authorizing the sale of such bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such bonds are sold at negotiated sale; authorizing the city to enter into one or more bond purchase contracts by and between the city and such underwriters relating to such bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the city and such escrow agent relating to the refunded bonds; 86 -- 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 $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"). Oen (b) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $46,030,000.00 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2004, dated February 1, 2004 and maturing in varying amounts on October 1 in each of the years 2004 through 2019 (the "Series 2004 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 $7,935,000.00 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2004A, dated March 1, 2004 and maturing in varying amounts on August 1 in each of the years 2004 through 2017 (the "Series 2004A 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"). 87 (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"). (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 $5,500,000.00 principal amount of General Obligation Public Improvement Bonds, Series 2006B, dated February 8, 2006 and maturing in varying amounts on February 1 in each of the years 2007 through 2026 (the "Series 2006B 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 $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"). (h) 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"). (i) 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 $4,820,000.00 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010C, dated August 11, 2010 and maturing in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030 (the "Series 2010C Bonds"). 88 -- Q) 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 $5,470,000.00 principal amount of General Obligation Public Improvement Bonds, Series 2010D (Tax-Exempt-Recovery Zone Facility Bonds), dated August 11, 2010 and maturing in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030 (the "Series 2010D Bonds"). (k) 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 $7,610,000.00 principal amount of General Obligation Public Improvement Bonds, Series 2012A, dated March 14, 2012 and maturing in varying amounts on February 1 in each of the years 2013 through 2032 (the "Series 2012A Bonds"). (I) 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 $15,385,000.00 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2012C, dated March 14, 2012 and 10•11 maturing in varying amounts on February 1 in each of the years 2020 through 2025 (the "Series 2012C Bonds"). (m) 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 2003 Bonds, the outstanding Series 2004 Bonds, the outstanding Series 2004A Bonds, the outstanding Series 2005 Bonds, the outstanding Series 2006A Bonds, the outstanding Series 2006B Bonds, the outstanding Series 2008 Bonds, the outstanding Series 2010A Bonds, the outstanding Series 2010C Bonds, the outstanding Series 2010D Bonds, the outstanding Series 2012A Bonds and the outstanding Series 2012C 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. 89 (n) 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 2003 Bonds, the outstanding Series 2004 Bonds, the outstanding Series 2004A Bonds, the outstanding Series 2005 Bonds, the outstanding Series 2006A Bonds, the outstanding Series 2006B Bonds, the outstanding Series 2008 Bonds, the outstanding Series 2010A Bonds, the outstanding Series 2010C Bonds, the outstanding Series 2010D Bonds, the outstanding Series 2012A Bonds, the outstanding Series 2012B 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"). (o) Pursuant to Article5 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. (p) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Seventy Million Dollars ($70,000,000) principal amount of General Obligation Public Improvement Refunding Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds. SECTION 2. (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Seventy Million Dollars ($70,000,000.00) 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"). 90 -- (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 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 91 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. (il) 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. 92 SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (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 Owe appropriate. 93 (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange 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 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. 94 (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 each series of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000.00 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. 95 • (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 (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. 96 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, 2014, 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 percent (5.00%) 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. - • 97 (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. 98 (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds of the Bonds, the 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. 99 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 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. 100 The principal of this Bond is payable on presentation and surrender hereof at the office of , as the Registrar and Paying Agent, in the City of . Principal of and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000.00) maturing on and after , are subject to redemption at the option of the City prior to their stated maturities, on or after .. , in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the series of which this Bond is one maturing on _ are subject to mandatory sinking fund redemption on and on each thereafter and to payment at maturity on in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: 101 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. 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. 102 -. 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. 103 IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the date first above written. CITY OF ROANOKE, VIRGINIA Mayor [SEAL] Attest: City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. [ ], as Registrar By: Authorized Signator Date of Authentication: 104 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 105 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39566-012213. A RESOLUTION memorializing the late James G. "Jimmy" Harvey, II. WHEREAS, the members of this Council have learned, with sorrow, of the passing on November 6, 2012, of Jimmy Harvey, a former Vice-Mayor and Member of this Council; WHEREAS, Mr. Harvey who was a Roanoke native, faithfully served as a member of City Council for twelve years, from July 1, 1980, to June 30, 1988, and from July 1, 1990, to June 30, 1994; WHEREAS, Mr. Harvey was always held in high esteem by the citizens of the City of Roanoke as evidenced by his election to Council on three separate occasions; WHEREAS, in his public service, Mr. Harvey always demonstrated a common • sense approach to government and had a keen interest in healthy neighborhoods, responsiveness of government to citizen concerns and keeping the cost of government • as low as possible for citizens, and he always displayed personal characteristics of honesty, integrity, sincerity, compassion, loyalty, fairness, and friendliness; WHEREAS, Mr. Harvey served as Chairman of the Hotel Roanoke Conference Center Commission, in which he played an instrumental role in the renovation and redevelopment of the Hotel Roanoke, and construction of the Conference Center adjacent to the Hotel; WHEREAS, Mr. Harvey gave unselfishly of his time and ability having served as Chairman of City Council's Audit Committee, Member of City Council's Water Resources Committee, Member of City Council's ad hoc Housing Strategy Task Force and as Chairman of Virginia Municipal League's Human Development Policy Committee; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this Resolution as a means of recording its deepest regrets at the passing of the Honorable James G. Harvey, II, a former Vice-Mayor and Member of this Council, and extends to his longtime friend and caregiver and other family members the sympathy of this Council and that of the citizens whom he faithfully served. 106 2. The City Clerk is directed to forward attested copies of this Resolution to Elizabeth Watson, longtime friend and caregiver, Katherine Ann Wheeling, daughter, and Molly Ann Harvey Childers, sister. APPROVED ATTEST: , 4- 1rn• MY� ) i� Stephanie M. Moon, MM avid Bower` City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39567-012213. 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 $79,498.00, with a local match of $79,498.00, making a total funding of $158,996.00, to be used to purchase an ambulance and a mechanical CPR device, as more particularly described in the City Council Agenda Report dated January 22, 2013. 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. 107 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:Steeepp�Ihanniie. M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39568-012213. 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 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 Vehicular Equipment 35-520-3709-9010 $145,927.00 Other Equipment 35-520-3709-9015 13,069.00 Revenues RSAF Ambulance/CPR FY13 — State 35-520-3709-3709 79,498.00 RSAF Ambulance/CPR FY13 — Local 35-520-3709-3710 79,498.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: f ►, .u-4)r7. ma.J Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 108 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. - - No. 39569-012213. A RESOLUTION accepting the Hazardous Materials Emergency Preparedness sub-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 Hazardous Materials Emergency Preparedness sub-grant by the Virginia Department of Emergency (VDEM) in the amount of $15,000.00, with a local match of $3,750.00, making a total funding of $18,750.00, for the purposes of developing a local hazardous materials response plan, as more particularly described in the City Council Agenda Report dated January 22, 2013. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the sub-grant agreement and all necessary documents required to accept the sub-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 sub-grant. APPROVED ATTEST: jT Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 109 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ` - The 22od day of January, 2013. No. 39570-012213. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Emergency Management (VDEM) for the Hazardous Materials Emergency Preparedness Planning 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 Wages 35-520-3537-1004 $13,920.00 FICA 35-520-3537-1120 1,065.00 Administrative Supplies 35-520-3537-2030 300.00 Motor Fuel 35-520-3537-2039 1,500.00 Project Supplies 35-520-3537-3032 1,965.00 Revenues VDEM Haz-Mat Planning FY13 — State 35-520-3537-3537 15,000.00 VDEM Haz-Mat Planning FY13— Local 35-520-3537-3538 3,750.00 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 110 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22"d day of January, 2013. 4J No. 39571-012213. A RESOLUTION authorizing acceptance of the Virginia Sexual & 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 & Domestic Violence Victim Fund (VSDVVF) Grant in the amount of $31,588.00, with no local match required, for the continued employment of the Police Department's Sexual Violence and Hispanic Outreach Specialist, as more particularly described in the City Council Agenda Report dated January 22, 2013. 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: • l7tRivti Stephanie M. Moon, MMC David . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39572-012213. 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 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 111 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 Wages 35-640-3359-1002 $ 35,350.00 City Retirement 35-640-3359-1105 6,388.00 FICA 35-640-3359-1120 2,704.00 Medical Insurance 35-640-3359-1125 5,664.00 Dental Insurance 35-640-3359-1126 331.00 Life Insurance 35-640-3359-1130 421.00 Disability Insurance 35-640-3359-1131 119.00 Revenues Domestic Violence Victim CY2013-State 35-640-3359-3359 31,588.00 Domestic Violence Victim CY2013-Local 35-640-3359-3360 19,389.00 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 o.M MT")0U Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 22od day of January, 2013. No. 39573-012213. A RESOLUTION authorizing the acceptance of Juvenile Accountability Block Grant Funds from the Commonwealth of Virginia Department of Criminal Justice Services, 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. 112 BE IT RESOLVED by the Council of the City of Roanoke that: ^� 1. The City of Roanoke hereby accepts from the Commonwealth of Virginia .� Department of Criminal Justice Services a grant in the amount of $24,932.00, with a local cash match of $2,770.00, for a total program award of $27,702.00, as more particularly set forth in the City Manager's report dated January 22, 2013, to 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 Criminal Justice Services, and to execute such additional documents as may be necessary to obtain, accept, implement, administer, and use 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. 3. The City, through the City Manager, shall be authorized to serve as fiscal agent for the distribution of the grant proceeds. APPROVED ATTEST: .ilt -- Stephanie M. Moon, MMC Davi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39574-012213. 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 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: 113 General Fund Appropriations Transfer to Grant Fund 01-250-9310-9535 $1,275.00 Fees For Professional Services 01-630-1270-2010 (1,275.00) Grant Fund Appropriations Temporary Employee Wages 35-630-5104-1004 11 ,616.00 FICA 35-630-5104-1120 889.00 Fees For Professional Services 35-630-5104-2010 14,952.00 Program Supplies 35-630-5104-2066 245.00 Revenues JABG CY13-State 35-630-5104-5104 24,932.00 JABG CY13 City-Local Match 35-630-5104-5105 1,275.00 JABG CY13 TAP-Local Match 35-630-5104-5106 750.00 JABG CY13 CRC-Local Match 35-630-5104-5107 745.00 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 owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39575-012213. A RESOLUTION authorizing the City Manager to execute an application for Virginia Department of Transportation MAP-21 Transportation Alternatives Grant Funds for the construction of the Roanoke River Greenway, and expressing support for this project. 114 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 $993,360.00 to support the 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 $248,340.00, and that the match is being provided through the donation of land, existing greenway capital project funds, and other funding sources. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, the required grant application for the funding referred to above, with any such application to be approved as to form by the City Attorney. APPROVED ATTEST: 11.,-0--) Stephanie M. Moon, MMC / `) Davi , owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22od day of January, 2013. No. 39576-012213. 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, Dinah Ferrance, on behalf of 711 Fourth Street LLC, (the "Applicant") filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned parties 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; 115 WHEREAS, a public hearing was held on such application by City Council on January 22, 2013, 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 vacation and 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, under certain conditions; THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situated in the City of Roanoke, Virginia ("City"), and more particularly described as follows: A two (2) foot by ten (10) foot strip of the alley adjacent to the south lot line of 711 4th Street, S. W., designated as Official Tax Map No. 1020112, beginning 9.7 feet from the southeastern corner of Official Tax Map No. 1020112; 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 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; and reserving to the City, or any third party or public authority engaged in the activity of collecting solid waste, brush, debris or recycling materials for disposal or in any other activity for the purpose of protecting the general public health, safety, or welfare, an easement to traverse by motor vehicle along and within the area vacated by this Ordinance for the purpose of collecting, removing or disposing of such solid waste, brush, debris or recyclable materials, or any other purpose which helps protect the general public health, safety, or welfare. 116 BE IF FURTHER ORDAINED that closure of the subject right-of-way shall be subject to the following conditions: (1) It shall be agreed by the Applicant and on behalf of the Applicant's grantees, assignees, and successors in interest, that, by signifying -+ acceptance of the terms of this Ordinance by executing the same, below, and by recording this Ordinance with the Clerk of the Circuit Court of the City of Roanoke, Virginia, the Applicant and the Applicant's grantees, assignees, or successors in interest agree to indemnify and hold harmless the City, its officers, agents, and employees from any and all claims for damages to property, or costs, expenses and legal fees incurred by the City, its officers, agents and employees in connection with such claims, that may arise by reason of the granting of this right of way closure or the construction as described in the Amended Application No. 2 dated November 29, 2012, pertaining to this vacation and closure; and (2) Applicant and the Applicant's grantees, assigns, and successors in interest agree to release and discharge the City and its officers, agents, and employees, from all claims involving damage to Applicant's property, caused by the City's motor vehicles, or its officers, agents and employees, engaged in the activity of collecting solid waste, brush, debris or recycling materials for disposal, or engaged in any other activity for the purpose of protecting the general public health, safety, or welfare that may arise by reason of the granting of this right of way closure or the construction as described in the Amended Application No. 2 dated November 29, 2012, pertaining to this vacation and closure. BE IT FURTHER ORDAINED that the Applicant shall submit to the Subdivision Agent of the City, receive all required approvals of, and record with the Clerk of the Circuit Court of the City of Roanoke, Virginia, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of- way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the Applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City, 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, the Clerk's receipt, demonstrating that such recordation has occurred. 117 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. Seen and Agreed by Applicant: 711 Fourth Street, LLC, agrees to the terms and conditions stated above, in connection with the vacation and closing of the 2 foot by 10 foot right-of-way located adjacent to the south lot line of 711 4th Street, S. W., Official Tax Map No. 1020112, by the City, beginning 9.7 feet from the southeastern corner of Official Tax Map No. 1020112. 711 Fourth Street, LLC By: Printed Name: Title: Date APPROVED ATTEST: AFA- i e2 V r OA) 'Q07•uminr � /Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39577-012213. 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, 5311 Holdings, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 802 Wiley Drive, S. W., bearing Official Tax No. 1121401, rezoned from Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District (MXPUD); 118 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 January 22, 2013, 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. 1121401, located at 802 Wiley Drive, S. W., be and is hereby rezoned from Recreation and Open Space District (ROS) to Mixed Use Planned Unit Development District (MXPUD), as set forth in the Zoning Amended Application No. 1 dated December 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: • Q , Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 119 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39578-012213. 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, Habitat for Humanity in the Roanoke Valley, Inc., trading as Habitat for Humanity in the Roanoke Valley, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1306 Rorer Avenue, S. W., bearing Official Tax No.1212706, rezoned from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2); 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 January 22, 2013, 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. 1212706, located at 1306 Rorer Avenue, S. W., be and is hereby rezoned from Commercial-Neighborhood (CN) to Residential Mixed Density District (RM-2), as set forth in the Zoning Application No. 1 dated October 26, 2012. 120 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. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39579-012213. 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, Northwest Child Development Center, Inc., trading as Northwest Child Development Center, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the properties located at 1507 and 1523 Melrose Avenue, N. W., bearing Official Tax Nos. 2221710 and 2221709, rezoned from Residential Mixed Density District (RM-1) and Institutional District (IN), respectively, to Institutional Planned Unit Development District (INPUD); 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 January 22, 2013, 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 121 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. 2221710 and 2221709, located at 1507 and 1523 Melrose Avenue, N. W., be and are hereby rezoned from Residential Mixed Density District (RM-1) and Institutional District (IN), respectively, to Institutional Planned Unit Development District (INPUD) as set forth in the Zoning Amended Application No. 1 dated December 12, 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: n .1"Y' OdrJ Stephanie M. Moon, MMC a id . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 22nd day of January, 2013. No. 39580-012213. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Roanoke Community Garden Association, Incorporated, for the lease of approximately 0.3664 acres of City-owned property located at the northeast corner of 13th Street and Cleveland Avenue, Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1220803; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on January 22, 2013, 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. 122 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, a lease agreement with Roanoke Community Garden Association, Incorporated, to lease approximately 0.3664 acres of City-owned property located at the northeast corner of 139" Street and Cleveland Avenue, Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 1220803, to be used by Roanoke Community Garden Association, Incorporated as a community garden, for a term of five years, commencing February 1, 2013, at an annual rental of $10.00 per year, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated January 22, 2013. 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, C `�v i owers City Clerk Mayor 123 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2013. No. 39581-020413. A RESOLUTION in memory of Lucian Yates Grove, a longtime resident of Roanoke and retired President and Owner of Contracting Enterprises Incorporated, an overhead and underground utility construction company specializing in power, gas and telecommunications throughout the Roanoke Valley, Southwestern Virginia and West Virginia. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Grove on Saturday, November 10, 2012; WHEREAS, Mr. Grove graduated from Virginia Tech, where he received his B.S. in Electrical Engineering in 1947, and was instrumental in designing and overseeing construction of the underground electrical distribution system in downtown Roanoke; WHEREAS, Mr. Grove was elected to the Roanoke City Council as a member of the Roanoke Forward ticket and faithfully served as a member of City Council from July 1, 1976, to June 30, 1980; WHEREAS, Mr. Grove served as a valued and respected member of many of the major boards in the Roanoke Valley, including Carilion Health System, Roanoke Museum of Fine Arts, Center in the Square, Kiwanis Foundation of Roanoke Valley, and he was a loyal and enthusiastic supporter of Virginia Tech, a member of the German Club and an inductee in the Ut Prosim Society; and he is included in the prestigious Virginia Tech Committee of 100, School of Engineering Award for excellence in the engineering industry and received the 1988 Virginia Tech Alumni Distinguished Service Award; WHEREAS, during his tenure on Council, Mr. Grove served as a member of the Flood Plain Committee, Audit Committee, Budget and Planning Committee, Legislative Committee, Personnel Committee and the Greater Roanoke Transit Company, Board of Directors; and WHEREAS, Mr. Grove will be remembered as a compassionate and capable businessman, and someone deeply committed to Roanoke. 124 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council adopts this Resolution as a means of recording its deepest regrets and sorrow at the passing of the Honorable Lucian Yates Grove, a former Member of this Council, and extends to his surviving spouse and children the sympathy of this Council and that of the citizens whom he faithfully served. 2. The City Clerk is directed to forward attested copies of this Resolution to June Elizabeth Bova, surviving spouse, and Elizabeth Grove Sayers, Dr. Lucian Yates Grove, Jr., and Anne Carter Grove, children. 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 February, 2013. No. 39582-020413. A RESOLUTION authorizing acceptance of the 2013 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 2013 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 $8,859.00, making total funding of $46,450.00, to employ the Police Department's full-time non-sworn Domestic Violence Specialist, as more particularly described in the City Council Agenda Report dated February 4, 2013. 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. 125 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: ty160..03 le(2 Stephanie M. Moon, MMC ll David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2013. No. 39583-020413. 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 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 Salary 35-640-3116-1002 $ 34,233.00 ICMA Retirement 35-640-3116-1115 3,081.00 FICA 35-640-3116-1120 2,619.00 Medical Insurance 35-640-3116-1125 5,664.00 Dental Insurance 35-640-3116-1126 331.00 Life Insurance 35-640-3116-1130 407.00 Disability Insurance 35-640-3116-1131 115.00 Revenues VSTOP Grant CY2013 - State 35-640-3116-3116 28,193.00 VSTOP Grant CY2013 - Local 35-640-3116-3117 18,257.00 126 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ►Qy?_ i Stephanie M. Moon, MMCO David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'h day of February, 2013. No. 39584-020413. A RESOLUTION accepting the Strategic Prevention Framework State Incentive sub-grant to the City from the Virginia Department of Behavioral Health and Developmental 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 Strategic Prevention Framework State Incentive sub-grant by the Virginia Department of Behavioral Health and Developmental Services, in the amount of $21,000.00, with no local match required, to fund overtime traffic DUI enforcement, as more particularly described in the City Council Agenda Report dated February 4, 2013. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the sub-grant agreement and all necessary documents required to accept the sub-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 sub-grant. APPROVED ATTEST:�T/ ^Ay^-,) I"O gAAMAti",„ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor r 127 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2013. No. 39585-020413. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia, through The Roanoke Prevention Alliance, for the Strategic Prevention Framework State Incentive Grant (SPF-SIG), 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 Overtime Wages 35-640-3499-1003 $ 19,508.00 FICA 35-640-3499-1120 1 ,492.00 Revenues SPF-SIG Grant FY13-State 35-640-3499-3499 21,000.00 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, Mt� David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2013. No. 39586-020413. A RESOLUTION accepting a National Endowment for the Arts ("NEA") Grant, which Grant requires matching funds from the City; approving and confirming the application process for such NEA Grant; authorizing the City Manager to sign any documents required by the NEA to accept such Grant; authorizing the City Manager to 128 sign any Subgrant Agreement with the Roanoke Symphony Orchestra ("RSO"); and authorizing the City Manager to provide additional information, to take any necessary actions and to execute any additional documents needed to obtain, accept, receive, implement, administer, and use such funds. WHEREAS, in early 2012, the City, with support from the RSO and the Arts Council of the Blue Ridge, applied for and subsequently received an Our Town Grant from the NEA in the amount of Fifty Thousand Dollars ($50,000.00); and WHEREAS, such NEA Grant requires a one to one match from the City and the City has arranged for such matching funds, all as further set forth in the City Council Agenda Report dated February 4, 2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby accepts the National Endowment for the Arts ("NEA") Our Town Grant in the amount of Fifty Thousand Dollars ($50,000.00), with the City providing an additional Fifty Thousand Dollars ($50,000.00) in local matching funds, and possibly some additional funds, all as more fully set forth in the City Council Agenda Report dated February 4, 2013. 2. City Council hereby approves and confirms the application process for the ,.. NEA Grant as set forth in the above Agenda Report and authorizes the City Manager to sign any documents required by the NEA to accept such Grant. 3. The City Manager is authorized to sign a Subgrant Agreement with the Roanoke Symphony Orchestra upon such terms as the City Manager deems appropriate in order to allow the RSO to assist the City in the management and administration of such Grant and matching funds. 4. The City Manager is further authorized to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, administer, and use any of the NEA Grant and matching funds, including any additional Subgrant Agreements that may be needed to use such funds. J 129 5. The Subgrant Agreement with the RSO mentioned above together with any other documents and/or any other Subgrant Agreements mentioned above are to 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 41h day of February, 2013. No. 39587-020413. AN ORDINANCE to appropriate funding from the Federal Government National Endowment for the Arts 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 Overtime 35-310-8143-1003 $ 6,896.00 Temporary Wages 35-310-8143-1004 1,000.00 FICA 35-310-8143-1120 604.00 Fees for Professional Services 35-310-8143-2010 63,000.00 Advertising 35-310-8143-2015 12,000.00 Expendable Equipment (<$5,000.00) 35-310-8143-2035 5,000.00 Equipment Rental/Lease 35-310-8143-3070 14,000.00 Revenues NEA Our Town Grant FY13-Federal 35-310-8143-8143 50,000.00 NEA Our Town Grant FY13-City 35-310-8143-8144 45,000.00 NEA Our Town Grant FY13-Symphony 35-310-8143-8145 5,000.00 NEA Our Town Grant FY13-Other 35-310-8143-8146 2,500.00 130 Pursuant 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 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2013. No. 39588-020413. A RESOLUTION accepting Transportation Enhancement Grant Funds from the Virginia Department of Transportation (VDOT) Enhancement Grant Program in the total additional amount of $592,000.00 for the restoration of the Virginian Railway Passenger Station property located in the City of Roanoke (Project); expressing the City's 00411 continued support for such Project; approving and confirming the application process for the Grants and authorizing the City Manager to execute any required agreements and documents necessary to accept such Grant Funds; and authorizing the City Manager to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, use, and administer such additional VDOT Grant Funds, upon certain terms and conditions. WHEREAS, by Resolution No. 36411-061603, the City endorsed the Commonwealth Transportation's Board establishment of a project for the restoration of the Virginian Railway Passenger.Station, together with other provisions as set forth in such Resolution; WHEREAS, by Resolution No. 37922-100107, the City agreed to serve as the new Project sponsor for the restoration of the Virginian Railway Passenger Station, together with other terms and provisions as set forth in such Resolution. Council, by Ordinance No. 37942-110507, also appropriated $267,000.00 in Enhancement Grant Funds that had been awarded by VDOT for the Project for FY2005 and FY2006; a- aI 131 WHEREAS, an additional $499,766.00 in Enhancement Grant Funds was requested from VDOT for FY2011; WHEREAS, by Resolution No. 39028-122010, the City expressed the City's continued support for the Project and to support the application of the Roanoke Chapter, National Railway Historical Society (RCNRHS) for an additional $249,766.00 in VDOT Enhancement Grant Funds for FY2012, together with other terms and provisions as set forth in such Resolution; WHEREAS, by Resolution No. 39236-101711, the City expressed the City's continued support for the Project and to support the application of the RCNRHS for an additional $93,466.00 in VDOT Enhancement Grant Funds for FY2013, together with other terms and provisions as set forth in such Resolution; and WHEREAS, VDOT has awarded additional Enhancement Grant Funds for the Project in different amounts than requested, which different amounts are set forth in the City Council Agenda Report dated February 4, 2013, and as set forth below. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby expresses the City's continued support for the Project and hereby accepts additional Enhancement Grant Funds awarded by VDOT as follows: FY2011 ($250,000.00), FY2012 ($249,000.00) and FY2013 ($93,000.00), all as more fully set forth in the City Council Agenda Report dated February 4, 2013. 2. The City acknowledges that there is a 20% local match requirement associated with this Project, but such 20% local match is being provided by other parties through the donation of land, other funding sources, and through other RCNRHS contributions, all as more particularly set forth in the above mentioned Agenda Report. 3. City Council hereby approves and confirms the application process for the Enhancement Grants as set forth in the above Agenda Report and authorizes the City Manager to sign any documents required by VDOT to accept such Grants, which documents are to be approved as to form by the City Attorney. 4, The City Manager is further authorized to provide additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, use, and administer any additional VDOT Grant Funds as mentioned above, upon certain terms and conditions, with any such documents being approved as to form by the City Attorney. 132 5. The City Clerk is directed to forward a copy of this Resolution to the ^ appropriate officials at the RCNRHS and to any other entity as may be requested by the RCNRHS. .. APPROVED ATTEST: r T)m).4j Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of February, 2013. No. 39589-020413. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Enhancement Grant to the Virginian Railway Passenger Station 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. r 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 08-530-9652-9007 592,000.00 Revenues VDOT—Transportation Enhancement 08-530-9652-9652 592,000.00 Grant Pursuant 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 133 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ,,, The 4th day of February, 2013. No. 39590-020413 AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Belle Avenue/King Street 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 the Belle Avenue/King Street Intersection Improvement Project, in the general area of the 3300 block of King Street and surrounding streets, the City wants and needs certain real property rights, to include temporary construction easements, permanent easements, rights of ingress and egress, licenses or permits, fee simple interests, and such other real property interests as needed, as set forth in the Agenda Report to this Council dated February 4, 2013. 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, recordation fees, and other related 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 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. 134 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 �� Daa owers City Clerk Mayor -U. 135 • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2013. No. 39591-021913. 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 City of Roanoke hereby accepts the Juvenile Accountability Block Grant from the Virginia Department of Criminal Justice Services, in the amount of $25,265.00, with a local match of $2,807.00, for a total award of $28,072.00, such local match to be provided by Carilion Clinic. The purpose of this grant is to bring to Roanoke training in the country's leading treatment method for adolescent substance abuse, as set forth in the City Council Agenda Report dated February 19, 2013. 2. The City of Roanoke is hereby authorized to be the fiscal agent for distribution of the grant proceeds. 3. The City Manager 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: Stephanie M. Moon, PIM C David A. Bowers City Clerk Mayor 136 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, • The 19th day of February, 2013. No. 39592-021913. 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 Adolescent Community Reinforcement Approach with Assertive Continuing Care (ACRA-ACC) 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 Fees For Professional Services 35-630-5108-2010 $28,072.00 Revenues JABG ACRA-ACC CY13-State 35-630-5108-5108 25,265.00 JABG ACRA-ACC CY13-Local 35-630-5108-5109 2,807.00 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: T Stephanie M. Moon, MM i A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19`h day of February, 2013. No. 39593-021913. A RESOLUTION authorizing acceptance of the Strengthening Families Initiative- Innovators for Success Council Grant to the City from the Commonwealth of Virginia, Department of Social Services, and authorizing execution of any required documentation on behalf of the City. 137 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Strengthening Families Initiative- Innovators for Success Council Grant to the City in the amount of $20,000.00, with no local match from the City, from the Commonwealth of Virginia, Department of Social Services, to be used by the City of Roanoke Department of Social Services to provide education and training sessions on parent enhancement and fatherhood initiatives, and explore other successful programs by participating in Strengthening Families' related conferences and meetings, as more particularly described in the City Council Agenda Report dated February 19, 2013. 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 . Yroa,L) r\l Stephanie M. Moon, MMC ., David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2013. No. 39594-021913. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia, for the Strengthening Families 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: 138 -- Appropriations Training and Development 35-640-5200-2044 $ 4,000.00 Printing 35-640-5200-2075 1,000.00 Purchased Services 35-640-5200-3160 15,000.00 Revenues Strengthening Families - State 35-630-5200-5200 20,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MIS � David A. Bower City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2013. No. 39595-021913. AN ORDINANCE to appropriate funding for the extension of the position of Police Crime Analyst through the end of Fiscal 2013, 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: 139 Appropriations Regular Employee Salary 35-640-3399-1002 $ 10,520.00 City Retirement 35-640-3399-1105 1,642.00 FICA 35-640-3399-1120 805,00 Medical Insurance 35-640-3399-1125 1,764.00 Dental Insurance 35-640-3399-1126 110.00 Life Insurance 35-640-3399-1130 125.00 Disability Insurance 35-640-3399-1131 34.00 Revenues Crime Analyst Extension FY13-Local 35-640-3399-3399 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, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2013. No. 39596-021913. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2012 - 2013 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 2012 - 2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 140 ^ Appropriations Teacher Stipends- 302-110-0000-0390-322G-61100-41129-3-10 $7,500.00 Patrick Henry Teacher Stipends- 302-110-0000-0400-322G-61100-41129-3-10 7,500.00 William Fleming Teacher Stipends- 302-110-0000-1304-3223-61100-41129-3-10 7,500.00 Forest Park Academy Coordinator 302-160-0000-1304-101G-61100-41124-9-07 9,614.00 Teachers 302-160-0000-1304-101G-61100-41121-9-07 735.00 Revenues State Grant Receipts 302-000-0000-0000-3223-00000-32415-0-00 22,500.00 Federal Grant 302-000-0000-0000-1010-00000-38002-0-00 10,349.00 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: °) Yyyt Stephanie M. Moon, MMC David Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2013. No. 39597-021913. 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. 141 WHEREAS, Habitat for Humanity in the Roanoke Valley, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1224 Rorer Avenue, S. W., bearing Official Tax No.1212803, rezoned from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2); 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 February 19, 2013, 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. 1212803, located at 1224 Rorer Avenue, S. W., be and is hereby rezoned from Commercial-Neighborhood District (CN) to Residential Mixed Density District (RM-2), as set forth in the Zoning Application No. 1 dated October 26, 2012. h. 142 - 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 19`h day of February, 2013. No. 39598-021913. 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 amend a Planned Unit Development Plan as it pertains to a parcel bearing Official Tax No. 2250102; and dispensing with the second reading by title of this ordinance. WHEREAS, the Roanoke City School Board, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend a Planned Unit Development Plan as it pertains to a parcel bearing Official Tax No. 2250102; 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 February 19, 2013, 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 amendment of the Planned Unit Development Plan, for the property described as Official Tax No. 2250102; and 143 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Planned Unit Development Plan as it pertains to the parcel bearing Official Tax No. 2250102, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan as it pertains to the parcel bearing Official Tax No. 2250102, as set forth in the Amended Application No. 1, dated January 15, 2013. 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: \p Stephanie M. Moon, MMC �J Day' . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of February, 2013. No. 39599-021913. AN ORDINANCE authorizing the conveyance of a permanent five (5) foot Building Maintenance and Access Easement across City-owned property, designated as Official Tax Map No. 1010829, located at 335 Campbell Avenue, S. W., Roanoke, Virginia, to Star City Lofts, LLC; upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. 144 -- WHEREAS, a public hearing was held February 19, 2013, 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 hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of a permanent five (5) foot Building Maintenance and Access Easement across City-owned property, designated as Official Tax Map No. 1010829, located at 335 Campbell Avenue, S. W., Roanoke, Virginia, to Star City Lofts, LLC, in order for Star City Lofts, LLC, to maintain, access, and repair a certain multi-story structure to be used by Star City Lofts, LLC, as an apartment building and to allow certain window wells to be constructed and maintained on the structure on the adjoining privately owned parcel of real estate designated as Official Tax Map No. 1010832, located at 327 Campbell Avenue, S. W., Roanoke, Virginia, owned by Star City Lofts, LLC, as more particularly set forth in the City Council Agenda Report dated February 19, 2013. 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: \ Stephanie M. Moon, MMC 13 David A. Bowers City Clerk Mayor 4 145 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 2013. No. 39600-030413. 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, NDRA II, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have a portion of the property located at 4412 Huff Lane, N. W., bearing Official Tax No. 2370101, rezoned from Institutional District (IN) to Commercial-Large Site District, with conditions (CLS(c)); WHEREAS, on December 20, 2012, 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, held a public hearing on the matter; WHEREAS, on December 20, 2012, the motion considered by the Planning Commission to recommend to City Council rezoning of a portion of the property located at 4412 Huff Lane, N. W., bearing Official Tax No. 2370101, from Institutional District (IN) to Commercial-Large Site District (CLS(c)), with conditions, failed by a vote of 0 to7; WHEREAS, by letter dated January 15, 2013, NDRA II, LLC requested that the public hearing be continued to February 19, 2013, at 7:00 p.m. WHEREAS, a public hearing was held by City Council on such application at its meeting on January 22, 2013, 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 advised of the request to continue the public hearing until February 19, 2013, and were also given the opportunity to be heard, both for and against the proposed rezoning; WHEREAS, at the public hearing on January 22, 2013, the public hearing was kept open and the matter was continued until February 19, 2013; WHEREAS, on February 6, 2013, NDRA II, LLC, filed an Amended Application No. 4, and made application to the Council of the City of Roanoke, Virginia ("City Council"), to have a portion of the property located at 4412 Huff Lane, N. W., bearing Official Tax No. 2370101, rezoned from Institutional District (IN) to Commercial-Large Site District, with conditions (CLS(c)); 146 WHEREAS, the continued public hearing was held by City Council on such ,, application at its meeting on February 19, 2013, after due and timely notice thereof, at which continued public 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 decision of the Planning Commission on December 20, 2012, the City's Comprehensive Plan, and the matters presented at the public hearings, on January 22, 2013, and February 19, 2013, 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 the property bearing Official Tax Map No. 2370101, located at 4412 Huff Lane, N. W., be and is hereby rezoned from Institutional District (IN), to Commercial-Large Site District, with conditions (CLS(c)), subject to certain conditions proffered by the applicant, as set forth in the Zoning Amended Application No. 4 dated February 6, 2013. ^` APPROVED ATTEST: 14kam:44.) n. 1 1 (Th■.) Stephanie M. Moon, MMC v Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 2013. No. 39601-030413. A RESOLUTION making certain determinations in accordance with the regulations of the Virginia Housing Development Authority (VHDA) and Section 36- 55.30:2A of the Code of Virginia, as amended; designating the Urban Flex (UF) Zoning District portion of the Wasena Neighborhood (the "Area") as a Revitalization Area for the sole purposes as allowed by such Code Section; and authorizing the City Manager to 0.0 execute necessary documents, provide additional information, and to take any necessary actions to advise VHDA of Council's determinations and designation. • 147 WHEREAS, River House Landlord, LLC, has undertaken the rehabilitation of a former vacant and deteriorated industrial building located in the Area at 806 Wasena Avenue, S. W., in the City of Roanoke. This has resulted in the creation of 128 new rental housing units and approximately 12,500 square feet of new commercial space containing restaurant, office, and active indoor recreation uses; WHEREAS, River House Landlord, LLC, has applied to VHDA for permanent financing in support of such mixed use mixed income renovation project; and WHEREAS, VHDA regulations require that the governing body of a locality within which a project seeking such VHDA financing is located designate such area which contains the project a "Revitalization Area" in accordance with Section 36-55.30.2A of the Code of Virginia, as amended, together with making certain determinations with respect to such area. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. As referred to in the City Council Agenda Report dated March 4, 2013, City Council hereby makes the following determinations: A. City Council hereby determines that the industrial, commercial, or other economic development in such Area would benefit the City, but such area lacks the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare, or nonprofit enterprises or undertakings to locate or remain in the Area; and B. City Council hereby determines that private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe, and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such Area and will induce other persons and families to live in such Area and thereby create a desirable economic mix of residents in the Area. 2. City Council hereby designates the portion of the Wasena Neighborhood consisting of the properties having the Urban Flex (UF) Zoning District as identified on Exhibit 1, attached to this Resolution and to the Council Agenda Report dated March 4, 2013, as a Revitalization Area in accordance with Section 36-55.30:2A of the Code of Virginia, as amended, for the sole purposes provided for therein. 3. City Council further determines that the nonhousing portions of the building containing the River House Project (restaurant, office space, and active indoor recreation space) are necessary and/or appropriate for the revitalization and for the continued commercial and/or other economic development of the Revitalization Area and the City. 148 4. The City Manager is authorized to execute any necessary documents, ,. provide any additional information, and to take any necessary actions to advise VHDA of Council's determinations and designation as set forth above and/or document such ,,,, determinations and designation, and to take any other actions that may be needed or requested by VHDA. r 'W NNN ,rL , IIII, n,°un►uNNN. w�u _I- - ,I1 i 11 kø �p ! 1 %re,* kg 1 t 1 1 i At 10 us IP 10 0- 1. , ' 1 mtlN>!111 i ,i �i iI !LO 11 4 1 .k ' rI �� �1111�fi� 111 1 y •Reamtar Area.a sbol F eilsmo 6wn.Y t. APPROVED ATTEST: �V Stephanie MM I hind /Day A. owers City Clerk Mayor ^.• 149 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of March, 2013. No. 39602-030413. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for the digital conversion of land records in the Office of Circuit Court Clerk, 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 Fees for Professional Services 01-120-2111-2010 $136,692.00 Revenues Clerk of Circuit Court 01-110-1234-0616 136,692.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: M. Moon, MMC David . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 49" day of March, 2013. No. 39603-030413. AN ORDINANCE to appropriate funding from the Series 2012 Qualified Zone Academy Board Bonds to various school capital projects, amending and reordaining certain sections of the 2012 - 2013 School Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. 150 BE IT ORDAINED by the Council of the City of Roanoke that the following •■ sections of the 2012 - 2013 School Capital Projects Fund Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows School Capital Project Fund Appropriations Appropriated from 2012 QZAB Bond Funds 31-065-6009-9304 $ 1,000,000.00 Appropriated from 2012 QZAB Bond Funds 31-065-6010-9304 74,474.00 Appropriated from 2012 QZAB Bond Funds 31-065-6011-9304 74,474.00 Appropriated from 2012 QZAB Bond Funds 31-065-6012-9304 74,474.00 Appropriated from 2012 QZAB Bond Funds 31-065-6013-9304 74,474.00 Appropriated from 2012 QZAB Bond Funds 31-065-6014-9304 74,474.00 Appropriated from 2012 QZAB Bond Funds 31-065-6015-9304 74,474.00 Appropriated from 2012 QZAB Bond Funds 31-065-6016-9304 74,474.00 Appropriated from 2012 QZAB Bond Funds 31-065-6017-9304 74,473.00 Appropriated from 2012 QZAB Bond Funds 31-065-6018-9304 120,000.00 Appropriated from 2012 QZAB Bond Funds 31-065-6019-9304 74,473.00 Appropriated from 2012 QZAB Bond Funds 31-065-6020-9304 74,473.00 Appropriated from 2012 QZAB Bond Funds 31-065-6021-9304 74,473.00 Appropriated from 2012 QZAB Bond Funds 31-065-6022-9304 74,894.00 Appropriated from General Revenue 31-065-6022-9304 106.00 Appropriated from General Revenue 31-065-6070-9003 (106.00) Revenues QZAB Bond Proceeds Schools 31-110-1234-1192 2,014,104.00 "' 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: eaD Stephanie M. Moon, MMC Davi A. owers City Clerk Mayor - 151 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 2013. No. 39604-031813. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia and Carilion Medical Center for an outstationed eligibility worker, 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 Salary 35-630-5192-1002 $ 62,534.00 City Retirement 35-630-5192-1105 11,139.00 FICA 35-630-5192-1120 4,784.00 Medical Insurance 35-630-5192-1125 11,235.00 Dental Insurance 35-630-5192-1126 658.00 Life Insurance 35-630-5192-1130 744.00 Disability Insurance 35-630-5192-1131 175.00 Revenues Outstationed Eligibility Worker- State 35-630-5192-5192 45,634.00 Outstationed Eligibility Worker- Carilion 35-630-5192-5193 45,635.00 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, MMb-' David A. Bowers City Clerk Mayor 152 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 2013. No. 39605-031813. A RESOLUTION authorizing the City Manager to execute an application with the Virginia Department of Health, requesting funds for the Summer Nutrition Program, and authorizing the execution of any such documents as necessary for such application 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 submit an application to the Virginia Department of Health for funding in the amount of $100,000.00 to support the City's Parks and Recreation Summer Nutrition Program, as more particularly set forth in the City Manager's Report dated March 18, 2013, to City Council. 2. The City Manager is hereby authorized to execute and file, on behalf of — the City, any documents required of an application for the funding referred to above, with any such documents to be approved as to form by the City Attorney. 3. The City Manager is further authorized to furnish such additional information as may be required by the Virginia Department of Health in connection with the submission of the foregoing application. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 153 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181h day of March 18, 2013. No. 39606-031813. An ORDINANCE providing for the acquisition of additional real property rights needed by the City in connection with a certain bridge replacement and intersection improvement project; authorizing City staff to acquire such additional property rights by negotiation; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading by title of this Ordinance. WHEREAS, by Resolution No. 39323-030512, Council authorized acquisition, from fourteen property owners, of certain real property rights needed for the replacement of the Old Mountain Road Bridge Over Tinker Creek Project; and WHEREAS, it has now been determined that certain additional real property rights are needed for the Project. THEREFORE, 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 additional real property rights, to include fee simple interests in a certain parcel designated as Official Tax Map No. 3140809, as set forth in the Agenda Report to this Council dated March 18, 2013. 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 parcel referred to in the above mentioned Agenda Report, and also any additional real property rights that may be needed for such Project, 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 parcel, and any other parcels needed for the Project as referred to above, 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 owner(s) of the real property interest conveyed, certified by the City Attorney to be ,... entitled to the same. 154 - • 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 FOR THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 2013. No. 39607-031813. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2013 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, 2013, shall receive personal property tax relief; and, WHEREAS, this Resolution is adopted pursuant to Ordinance 37221-101705 adopted by City Council on October 17, 2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000.00 or less. 2. That qualifying personal use vehicles valued at $1,001.00 - $20,000.00 will be eligible for 59.89% tax relief. 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only receive 59.89% tax relief on the first $20,000.00 of value. 155 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 18th day of March, 2013. No. 39608-031813. AN ORDINANCE to appropriate funding from the Series 2013 Bonds to various capital projects, amending and reordaining certain sections of the 2012 - 2013 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 the City of Roanoke that the following sections of the 2012 - 2013 Civic Facilities, Capital Projects, Department of Technology 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 Civic Center Upgrades 05-550-9984-9340 $ 1,000,000.00 Capital Projects Fund Appropriations Neighborhood Storm Drain Projects 08-530-9533-9337 1,120,000.00 9th St over NSRW Bridge Rehabilitation 08-530-9533-9341 700,000.00 156 - Franklin Rd over NSRW-Bridge Replacement 08-530-9533-9342 400,000.00 Main Library 15' Floor Improvements 08-530-9533-9343 210,000.00 Parks & Rec Master Plan-Phase II 08-530-9533-9344 500,000.00 Elmwood Park Improvements 08-530-9533-9345 1,625,000.00 City-wide Curb, Gutter, Sidewalks FY13 08-530-9533-9346 500,000.00 Williamson Rd/Elmwood Park Streetscapes 08-530-9533-9347 400,000.00 Elmwood Park Improvements 08-530-9535-9345 2,800,000.00 Appropriated from 2013 Bonds 08-620-9667-9339 2,800,000.00 Appropriated from 2014 Bonds 08-620-9667-9352 (2,800,000.00) Revenues General Obligation Bond Proceeds— Par 08-110-1234-1042 7,282,000.00 General Obligation Bond Proceeds— Premium 08-110-1234-1046 973,000.00 Department of Technology Fund Appropriations OMR Digital Radio Upgrade 13-430-9951-9333 1 ,612,167.00 School Capital Proiects Fund Appropriations James Madison MS Improvements 31-060-9714-9348 $ 1,300,000.00 Garden City Plumbing Improvements 31-060-9714-9349 325,000.00 Lighting Replacement—Phase I 31-060-9714-9351 375,000.00 Revenues General Obligation Bond Proceeds- School 31-110-1234-1142 1 ,762,800.00 General Obligation Bond Proceeds- School-Premium 08-110-1234-1046 237,200.00 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: 70) owl Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 157 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'h day of March, 2013. No. 39609-031813. A RESOLUTION urging Governor Bob McDonnell to amend the Budget Bill and restore and/or continue the funding for the three vacated judgeships in the Twenty-Third Judicial Circuit. WHEREAS, the Twenty-Third Judicial Circuit includes the City of Salem, County of Roanoke, and City of Roanoke; WHEREAS, the Circuit Court will be reduced from six judges to four upon the retirement of The Honorable Judge Jonathan Apgar and The Honorable Judge Robert Doherty in April 2013; WHEREAS, with the retirement of The Honorable Judge John Ferguson from the Juvenile and Domestic Relations District Court this will reduce the total number of juvenile and domestic judges serving the Twenty-Third Judicial Circuit to three; and WHEREAS, such unprecedented reduction in the number of judges in the Twenty-Third Judicial District will impose a real hardship on the citizens within the Twenty-Third Circuit who seek to have their disputes resolved by the court. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council hereby urges Governor Bob McDonnell to amend the 2013 Budget Bill to restore and/or continue the funding for the three judicial vacancies in the Twenty-Third Judicial Circuit; namely, the vacancy in the Juvenile and Domestic Relations District Court created by the retirement of the Honorable Judge John Ferguson, and the two vacancies in the Circuit Court created by the retirements of the Honorable Judge Jonathan Apgar and the Honorable Judge Robert Doherty. 2. The City Clerk is directed to forward a certified copy of this Resolution to Governor Bob McDonnell, Senator John Edwards, Senator Ralph Smith, Senator William Stanley, Delegate Onzlee Ware, Delegate Christopher Head, and Delegate Greg Habeeb. APPROVED ATTEST: Stephanie M. Moon, MMC t David A. Bowers City Clerk Mayor 158 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of March, 2013. No. 39610-031813. 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 amend the Mixed Use Planned Unit Development Plan, as it pertains to 4414 Pheasant Ridge Road, S. W., bearing Official Tax No. 5460124; 4345 Griffin Road, S. W., bearing Official Tax No. 5470302; and four unaddressed lots on Griffin Road, bearing Official Tax Nos. 5470301, 5470303, 5470304, 5470305; and three unaddressed lots on Van Winkle Road, bearing Official Tax Nos. 5470306, 5470307 and 5470308; and dispensing with the second reading by title of this ordinance. WHEREAS, Pheasant Ridge Apartments, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the Mixed Use Planned Unit Development Plan, to permit construction of six buildings housing 210 apartment units instead of 160 condominium units, a stand-alone clubhouse, and a pool, with a changed site configuration and amenities than previously permitted by the Mixed Use Planned Unit Development Plan, Ordinance No. 37789-052107, adopted by City Council on May 21, 2007, as they pertain to the parcels bearing Official Tax Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308; 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 at its meeting on March 12, 2013, on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on March 18, 2013, 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 amendment of the Mixed Use Planned Unit Development Plan, for the properties described as Official Tax Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308; and 159 WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Mixed Use Planned Unit Development Plan, as they pertain to the parcel bearing Official Tax Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Mixed Use Planned Unit Development Plan, as it pertains to the parcels bearing Official Tax Nos. 5460124, 5470301, 5470302, 5470303, 5470304, 5470305, 5470306, 5470307, and 5470308, as set forth in the Amended Application No. 2, dated February 27, 2013. 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: Moon, Stephanie M.. Moon, MM avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18Th day of March, 2013. No. 39611-031813. AN ORDINANCE authorizing the conveyance of a new sanitary sewer easement, with an approximate width of twenty (20) feet across City-owned property, located at 4803 Williamson Road, N. W., designated as Roanoke Official Tax Map No. 2170128, to the Western Virginia Water Authority ("Authority"), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a public hearing was held on March 18, 2013, 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. • 160 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 new sanitary sewer easement, with an approximate width of twenty (20) feet across City-owned property, designated as Roanoke Official Tax Map No. 2170128, located at 4803 Williamson Road, N. W., to the Western Virginia Water Authority, including the vacation of the existing sanitary sewer easement conveyed by the City to the Authority across the same City-owned property, designated as Roanoke Official Tax Map No. 2170128, as more particularly set forth in the City Council Agenda Report dated March 18, 2013. 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 161 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1St day of April, 2013. No. 39612-040113. AN ORDINANCE amending and reordaining Ordinance No. 39241-101711, permanently vacating, discontinuing and closing, a portion of right-of-way along Hillview Avenue, S. E., under certain conditions, to extend the time period in which to satisfy the conditions of Ordinance No. 39241-101711 to August 28, 2013; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 39241-101711 on October 17, 2011, City Council intended to allow the permanent vacation, discontinuance and closure of a certain portion of public right-of way situated in the City of Roanoke, under certain conditions,such portion of right-of-way being 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; WHEREAS, Ordinance No.39241-101711 provided that the ordinance would be null and void, with no further action by City Council being necessary, if a plat of subdivision implementing the vacation, discontinuance and closure was not recorded within twelve(12) months from the effective date of that ordinance; WHEREAS, the effective date of Ordinance No. 39241-101711 was October 17, 2012, and no such plat of subdivision was timely recorded; WHEREAS, F. W. Webb Properties, LLC filed a request dated February 28, 2013, requesting that Ordinance No. 392410-101711 be amended and reordained to extend the deadline for meeting all of the conditions in such ordinance for a period of six (6) months from the date of the request to allow all of such conditions to be met; WHEREAS, extending the time to August 28, 2013, for all conditions set forth in Ordinance No. 39241-101711 to be met will effectuate the purpose of Ordinance No. 39241-101711; and WHEREAS, notice of a public hearing consistent with Section 30-14 of the Code of the City of Roanoke (1979), as amended, has been published for a public hearing before City Council on April 1, 2013. 162 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the last two (2) paragraphs of Ordinance No. 39241-101711 are amended to read and provide as follows: 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 Ordinance No. 39241-101711, adopted on October 17, 2011, and a certified copy of any ordinance amending Ordinance No. 39241- 101711, 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 if the above conditions have not been met before August 28, 2013, then such ordinance, and any ordinance amending Ordinance No. 39241-101711, shall be null and void with no further action by City Council being necessary. BE IT FURTHER ORDAINED that Ordinance No. 39241-101711, as amended two herein, is reordained. 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: v Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39613-040113. A RESOLUTION approving the Roanoke Regional Airport Commission's 2013 - 2014 proposed operating and capital budget upon certain terms and conditions. 163 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 2013 - 2014 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 19, 2013. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39614-040113. A RESOLUTION accepting the FY 2012 State Homeland Security Program Grant from the Virginia Department of Emergency Management (VDEM), 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 as follows: 1. The City of Roanoke does hereby accept the FY 2012 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 for the Roanoke Fire-EMS. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated April 1, 2013. 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. 164 -- 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: neril Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39615-040113. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of 0.1 Emergency Management (VDEM) for the purchase of Haz-Mat Team equipment, 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 35-520-3539-2035 $ 30,000.00 Revenues SHSP Haz-Mat Team FY13 35-520-3539-3539 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: to-746•‘•:43 m. moo,,,, Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 165 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39616-040113. A RESOLUTION supporting the Roanoke Redevelopment and Housing Authority's Choice Neighborhoods Planning Grant Process in the Loudon Melrose/Shenandoah West neighborhoods. WHEREAS, on October 11, 2012, the United States Department of Housing and Urban Development (HUD) awarded the Roanoke Redevelopment and Housing Authority (RRHA) a $200,000.00 Choice Neighborhoods Planning Grant to be used to develop a Transformation Plan for the Loudon Melrose/Shenandoah West neighborhoods, and no matching funds were required from the City for this grant; WHEREAS, HUD's Choice Neighborhoods Initiative is designed to promote comprehensive revitalization of neighborhoods through a focus on a neighborhood's housing, its residents, and its community well-being; WHEREAS, the Loudon Melrose/Shenandoah West neighborhoods contain a significant amount of Roanoke's public housing in need of renovation and revitalization along with surrounding and adjacent opportunities for complimentary community and economic development; WHEREAS, the Choice Neighborhoods Planning Grant process requires significant participation, input, support, and cooperation from residents, non-profit and civic organizations, community service organizations, local government, and schools; and WHEREAS, through use of the Choice Neighborhoods Planning Grant, a Transformation Plan will be developed which will enable the RRHA to pursue a variety of financial resources for implementation of the Transformation Plan, including a Choice Neighborhoods Implementation Grant from HUD. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby expresses its support of the RRHA and its Choice Neighborhoods Planning Grant process and supports the RRHA's actions to provide a framework for the future revitalization of the Loudon Melrose/Shenandoah West neighborhoods. 2. City Council encourages all residents, civic groups, community service organizations, economic development organizations,and the Roanoke City School Board, to provide meaningful support and input into the process for the development of a Transformation Plan for the Loudon Melrose/Shenandoah West neighborhoods. 166 molt 3. City Council directs the City Manager to provide appropriate City • departmental staff participation, input, and support to the RRHA during the planning process. 4. The City Clerk is directed to forward an attested copy of this Resolution to Glenda Edwards, Executive Director, Roanoke Redevelopment and Housing Authority. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39617-040113. • AN ORDINANCE authorizing the City Manager to execute an Extra-Territorial Arrest Agreement ("Agreement") among the City of Roanoke, County of Roanoke, Town of Vinton, and City of Salem, in order for police officers among the four (4) jurisdictions to enhance public safety within the Roanoke Valley when they are outside of their corporate boundaries of the political subdivision which employs them; authorizing the City Manager to execute any and all documents necessary; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in a form approved by the City Attorney, an Extra-Territorial Arrest Agreement among the City of Roanoke, County of Roanoke,Town of Vinton, and City of Salem, in order for police officers among the four(4) jurisdictions to enhance public safety within the Roanoke Valley when they are outside of their corporate boundaries of the political subdivision which employs them, upon such terms and conditions as are more particularly described in the City Council Agenda Report dated April 1, 2013, substantially in the form attached to said Agenda Report. 167 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39618-040113. A RESOLUTION authorizing the appropriate City officials to execute a standard Virginia Department of Transportation (VDOT) Urban Project Construction Agreement for the 13th Street/Hollins Road VDOT Project and providing for City matching funds; and authorizing the City Manager to take any actions as may be necessary to provide the funds needed for the City's local match, and to take any actions necessary, including execution of further documents, to obtain and implement such VDOT Agreement. WHEREAS, City Council previously approved the location and major design features of the above Project and took other actions in connection with such Project by Resolution No. 38621-100509, adopted on October 5, 2009; and WHEREAS, for VDOT to move forward with the construction of such Project, the City is required to enter into a Standard VDOT Urban Project Construction Agreement, all as more fully set forth in the City Council Agenda Report dated April 1, 2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute a Standard VDOT Urban Project Construction Agreement substantially similar to the one attached to the above mentioned City Council Agenda Report, including Appendix A to such Agreement, and any revisions required by VDOT. Such Agreement is to be in a form approved by the City Attorney. 168 -- 2. The City Manager is authorized to execute such further documents and to take any actions as may be necessary to provide the funds necessary for the City's local match and to obtain, accept, receive, implement, administer, and/or use the above VDOT Agreement and/or funds for the above mentioned Project, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMC Davi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No, 39619-040113. .� A RESOLUTION authorizing the transfer of Virginia Department of Transportation (VDOT) Revenue Sharing Funds to the City's Traffic Signal Improvements Project and providing for City matching funds; and authorizing the City Manager to provide any additional information, take any necessary actions, and to execute any additional documents to obtain, accept, receive, implement, use and administer all such VDOT Revenue Sharing funds and to provide for matching funds from the City. WHEREAS,the City was previously awarded Revenue Sharing Funds from (VDOT) for improvements to the Walnut Avenue Bridge and for Traffic Signal Improvements; WHEREAS, the Walnut Avenue Bridge Project has been completed and funds remain in that account that may be transferred to other eligible projects, such as the City's Traffic Signal Improvements Project; and WHEREAS, the transfer of such VDOT Revenue Sharing Funds requires a fifty- percent local match in the amount of $80,139.00, all as more fully set forth in the City Council Agenda Report dated April 1, 2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 169 1. The City Manager is authorized to execute any documents, including any revised Appendix A to any VDOT Agreements relating to the above mentioned projects, so that the VDOT Revenue Sharing Funds can be transferred to the City's Traffic Signal Improvements Project, with the form of any such documents being approved by the City Attorney. 2. The City Manager is authorized to provide any additional information, take any necessary actions, and to execute any additional documents to obtain, accept, receive, implement, use, and administer all such VDOT Revenue Sharing Funds as mentioned above and to provide for local matching funds from the City, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: n Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39620-040113. AN ORDINANCE to transfer funding from the Walnut Avenue Bridge, Traffic Signals, and Event Traffic Management projects to the Traffic Signal Systems 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 State Grant Funds 08-530-9511-9007 $ ( 80,139.00) Appropriated from General Revenue 08-530-9560-9003 ( 26,167.00) Appropriated from General Revenue 08-530-9800-9003 80,139.00 Appropriated from State Grant Funds 08-530-9800-9007 80,139.00 Appropriated from General Revenue 08-530-9814-9003 ( 53,972.00) 170 ". Revenues VDOT—Walnut Ave Bridge Improvements 08-530-9511-9831 ( 80,139.00) VDOT—Traffic Signal Improvements 08-530-9800-9825 80,139.00 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 1st day of April, 2013. No. 39621-040113. a AN ORDINANCE amending Section 14.1-1, Definitions, Section 14.1-18, Time of Placement of Automated Collection Containers and Recyclable Containers For Collection, and Section 14.1-19, Collection in Central Business District, and adding new Section 14.1- 54.1, Storage of Fats, Oils and Grease, to Chapter 14.1 , Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to address collection of solid waste using a sealed trash compactor, and the storage of fats, oils and grease, in the Central Business 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 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. 14.1-1. Definitions 171 ' Sealed Compactor Zone shall mean that area which is bordered by the centerlines of Jefferson Street on the west, Williamson Road on the east, Norfolk Avenue on the north, and Church Avenue on the south. Sec. 14.1-18. Time of Placement of Automated Collection Containers and Recyclable Containers For Collection. (c) Solid waste in the central business district, excluding solid waste from registered customers in a Sealed Compactor Zone, shall be placed out for collection by an authorized person in accordance with regulations promulgated by the city manager, unless other provisions are made for solid waste removal. Sec. 14.1-19. Collection in Central Business District. *** (b) The occupant at every street address within the central business district, or the owner thereof, unless other provisions are made for such service, shall make arrangements with the city for refuse collection and recyclables collection, or shall register with the Manager of the City's Solid Waste Management Division, or the Manager's designee, for sealed trash compactor access, and shall and such person shall be responsible for and shall pay a charge for such services provided by the City in such amount as is set forth in the fee compendium as approved and amended by the city council from time to time. There shall be no charge for the collection of recyclables under either service provided by the City. (c) Should the city manager determine that the imposition of refuse charges by street addresses is inappropriate or impracticable at any location within the central business district, the city manager shall have the authority to make a reasonable - - -- ••-• .• ---• -•- -- - - -• --- e-.Onand after July 1, 2013, establishments and persons residing in the Central Business District may register with the Manager of the City's Solid Waste Management Division, or the Manager's designee, for sealed trash compactor access. On and after January 1, 2014, establishments and persons residing in a Sealed Compactor Zone shall register with the Manager of the City's Solid Waste Division, or the Manager's designee, for sealed trash compactor access, unless other provisions are made for solid waste removal. Sealed trash compactor use will be in accordance with the rules and regulations promulgated by the City Manager. 172 -- ie) The use of a s algid compactor within the central busine^c district waste management division for such access to ouch sealed compactor. (df) A sealed trash compactor may not be used to dispose of hazardous waste, fats, oils, or grease from nonresidential establishments, bulk items, brush, lawn rakings, noncollectable items, or other refuse identified in section 14.1-21 of the City Code. 2. Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained by adding new Section 14.1-54.1, Storage of Fats, Oils, and Grease, to read and provide as follows: Sec. 14.1-54.1. Storage of Fats, Oils and Grease. (a) Fats, oils or grease from food preparation, while stored outside of a building, must be kept or stored in a tamper resistant container at all times. Such container in which the fat, oil or grease from food preparation is being kept or stored shall be watertight and its lid secured at all times. Except where impractical or not feasible,the container shall be anchored and stationary. (b) Pursuant to Section 14.1-54 of the Code of the City of Roanoke (1979), as 00 amended, the container and the surrounding area shall be maintained in a clean and sanitary condition by the owner or occupant of the lot on which the container is kept. . (c) Spillage or leaks of the fats, oils or grease from food preparation from the container shall not enter the right-of-way or storm water drainage system. (d) In the event of an incident in which the spillage or leaks of fats, oils or grease enters the storm sewer system, the owner or occupant of the lot on which the container is kept shall immediately notify the Roanoke City E911 Center by dialing 9-1-1. 3. The effective date of the aforementioned amendments and addition will be July 1, 2013. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance is hereby dispensed with. APPROVED ATTEST: • `) aan.4'9 Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 173 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39622-040113. A RESOLUTION amending the Fee Compendium to increase fees for refuse collection in the Central Business District, as set out below; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as since amended, shall be amended to reflect the following fees. FEE CURRENT AMOUNT NEW AMOUNT Refuse fees for curbside collection $120.00 per month $240.00 per month in the Central Business District inside of a Sealed Compactor Zone for Restaurant, Office, and Financial Institutions, between July 1, 2013 and December 31, 2013. Refuse fees for curbside collection $70.00 per month $140.00 per month in the Central Business District inside of a Sealed Compactor Zone for Specialty Retail, Health, Church and Nonprofit Institutions, between July 1, 2013 and December 31 , 2013. Refuse fees for curbside collection $120.00 per month $120.00 per month in the Central Business District outside of a Sealed Compactor Zone for Restaurant, Office, and Financial Institutions. Refuse fees for curbside collection $70.00 per month $70.00 per month in the Central Business District outside of a Sealed Compactor Zone, for Specialty Retail, Health, Church and Nonprofit Institutions. 174 Refuse fees for registered sealed N/A Two free uses per week; trash compactor users in the $1 per use remainder of Central Business District for week; not to exceed Restaurant, Office, and Financial $120.00 per month Institutions, after July 1, 2013. Refuse fees for registered sealed N/A Two free uses per week; trash compactor users in the $1.00 per use remainder Central Business District for of week; not to exceed Specialty Retail, Health, Church, $70.00 per month Residential, and Nonprofit Institutions, after July 1, 2013. Recyclable disposal fees for N/A FREE registered sealed trash compactor users in the Central Business District for Restaurant, Office, and Financial Institutions, after July 1, 2013. Recyclable disposal fees for N/A FREE registered sealed trash compactor .. users in the Central Business District for Specialty Retail, Health, Church, Residential, and Nonprofit Institutions, after July 1, 2013. 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect on July 1, 2013. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 175 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39623-040113. AN ORDINANCE to appropriate funding from the Capital Projects Fund Contingency to the Sealed Trash Compactor 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 Contingency 08-530-9575-9220 $ ( 150,000.00) Appropriated from General Revenue 08-530-9662-9003 150,000.00 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 1st day of April, 2013. No. 39624-040113. AN ORDINANCE to transfer funding from the Roanoke City Public Schools Buildings and Maintenance department to the School Capital Projects Fund for the Crystal. Springs improvements, the Virginia Heights and Round Hill expansions and the Lighting Replacement — Phase II, amending and reordaining certain sections of the 2012 - 2013 School General and the School Capital Projects Funds Appropriations and dispensing with the second reading by title of this ordinance. 176 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2012 - 2013 School General and School Capital Projects Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: School General Fund Appropriations Transfer to School 580,000.00 Capital Projects Fund 301-000-0000-0000-0000-00000-72000-0-00 $ Buildings and (580,000.00) Maintenance 301-251-0000-0000-0000-66600-11810-2-00 School Capital Projects Fund Appropriations Appropriated from 50,000.00 General Revenue 31-065-6035-9003 Appropriated from 31-065-6036-9003 243,000.00 General Revenue Appropriated from 31-065-6037-9003 243,000.00 General Revenue w' Appropriated from 31-065-6040-9003 44,000.00 General Revenue Revenues Transfer from 31-110-1234-1037 580,000.00 School General Fund Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David . owers City Clerk Mayor 177 IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 1st day of April, 2013. No. 39625-040113. A RESOLUTION of the Council of the City of Roanoke, Virginia, declaring its official intent to reimburse itself from the proceeds of one or more issues of tax-exempt General Obligation Public Improvement Bonds and/or General Obligation School Bonds for expenditures made or to be made in connection with the acquisition, construction, reconstruction, improving, extending, enlarging and equipping of various capital school improvement projects. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE,VIRGINIA,AS FOLLOWS: SECTION 1 . In accordance with Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986, the City of Roanoke, Virginia(the"City"), hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of one or more issues of its tax-exempt general obligation public improvement bonds and/or general obligation school bonds (collectively,the "tax-exempt bonds") in a principal amount of not to exceed$580,000.00 for moneys appropriated by the Council of the City from time to time for expenditures in connection with the various capital school improvement projects of and for the City (collectively, the "Project"). SECTION 2. The adoption of this resolution shall constitute the declaration of an "official intent" by the City within the meaning of such term as defined in Treasury Regulation Section 1 .150-2. This official intent is being made not later than sixty(60) days after the payment of any expenditures contemplated by Section 1 of this resolution to be reimbursed from the proceeds of the tax-exempt bonds of the City. SECTION 3. The City Clerk is directed to file this resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, Title 2.2, Chapter 37, Section 2.2-3700 et seq. of the Virginia Freedom of Information Act, Title 2.2, Chapter 37, Section 2.2-3700 et seq. of the Code of Virginia, 1950. 178 SECTION 4. This resolution shall be effective from and after the date of its adoption. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39626-041513. A RESOLUTION memorializing the late Clifton Alexander (Chip) Woodrum III, who represented Roanoke in the House of Delegates for nearly a quarter century. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Woodrum on February 19, 2013; WHEREAS, Mr. Woodrum was born in Washington, D. C. on July 23, 1938, to Margaret Lanier Woodrum Chambers and Clifton Alexander Woodrum, Jr.; WHEREAS, Mr. Woodrum was the grandson of Congressman Clifton A. Woodrum; WHEREAS, Mr. Woodrum graduated from Episcopal High School in Alexandria, Virginia., in 1957, where he served as co-captain of the wrestling team, head cheerleader, monitor, and member of the school's honor committee; WHEREAS, Mr. Woodrum received an A. B. from the University of North Carolina at Chapel Hill in 1961, where he was on the wrestling team and a member of the Sigma Alpha Epsilon fraternity, and developed a lifelong interest in Tarheel basketball; WHEREAS, Mr. Woodrum was awarded an LLB from the University of Virginia Law School in 1964; WHEREAS, Mr. Woodrum practiced law at the firm of Dodson, Pence and Viar in Roanoke from 1964 to 1998, and shared a law office with his brother, M. Lanier Woodrum; WHEREAS, Mr. Woodrum was a member of the Roanoke City Young Democrat Club from 1960 - 1972, chairman of the 6th District Democratic Committee from 1972 - 1976, and a delegate to the 1972 Democratic National Convention in Miami, Florida. WHEREAS, Mr. Woodrum was elected to the Virginia House of Delegates in 1979 and served through 2003, representing the 16th House District, which included the City of Roanoke and Roanoke County; 180 WHEREAS, while in the legislature, Mr. Woodrum was a member of the Commerce and Labor, General Laws, and Privileges and Elections committees, and served on the State Crime Commission from 1982 - 2000 (as chairman from 1995 - 1998), the State Water Commission from 1981 - 2000, the Commission on Family Violence Prevention from 1997 - 2000, the Freedom of Information Advisory Council, from 2000 - 2002, and the Legislative Transition Task Force-Electric Utility Deregulation committee from 1999 - 2003; WHEREAS, Mr. Woodrum sponsored legislation that allowed a portion of the sales tax revenue generated at The Hotel Roanoke to be put into a special fund that helped finance the hotel's restoration, one of his hallmark pieces of legislation; WHEREAS, Mr. Woodrum also sponsored legislation in 1987 creating the Virginia Birth-Related Neurological Injury Compensation Program, a fund that covers medical bills and other expenses for children who suffer disabling neurological injuries at birth; WHEREAS, Mr. Woodrum headed the Virginia Freedom of Information Advisory Council, playing a lead role in pushing for access to government meetings and documents; WHEREAS, upon his retirement from the House of Delegates in 2003, .. Mr. Woodrum remained active in his community and state by serving on the Board of .. the Library of Virginia (as chairman from 2011 - 2012), the Board of Trustees of the Virginia Historical Society, the Board of Directors of the Educational Foundation of Virginia Western Community College, and on the Board of Home Town Bank; and WHEREAS, Mr. Woodrum was a member of numerous other boards and organizations in Roanoke, and until his death he remained active in the local and state affairs of his beloved Democratic Party, and was a regular fixture at campaign events in the City. 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 Clifton Alexander (Chip) Woodrum III, and extends to his family its sincerest condolences. 181 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Woodrum's widow, Emily Abbitt Woodrum. APPROVED ATTEST: Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39627-041513. A RESOLUTION memorializing the late Kit B. Kiser, former Assistant City Manager for Operations for the City of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Kiser on Monday, February 25, 2013; WHEREAS, Mr. Kiser was a native of Haysi, Virginia and graduated from Haysi High School; WHEREAS, Mr. Kiser was a graduate of Virginia Polytechnic Institute and State University, where he earned a B. S. in Civil Engineering and was in the Corps of Cadets; WHEREAS, after college Mr. Kiser served in the U. S. Army Corps of Engineers from 1965 until 1967, when he joined the City of Roanoke's Water Department; WHEREAS, during his 33 years of service to the city, Mr. Kiser served as an engineer in the Water Department from 1967 to 1970, Manager of the Water Department from 1970 to 1973, as Director of Utilities and Operations from 1973 to 2000, and as Assistant City Manager for Operations from July 1, 2000 until his retirement on November 1, 2000; 182 WHEREAS, Mr. Kiser led Roanoke's Water Department through three water .. crises: the 1980 - 81 drought, the 1985 flood, and the 1999 drought; WHEREAS, Mr. Kiser is remembered as a down-to-earth country boy who wasn't afraid to get his hands dirty, making sure the water city residents drank was safe, as well as the water the wastewater plant sent back to the river was clean; WHEREAS, Mr. Kiser was known for tackling everything with energy and good humor; and WHEREAS, after retirement, Mr. Kiser fulfilled his dream of driving tractor trailers. 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 Kit B. Kiser, and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Kiser's widow, Tammie C. Kiser. APPROVED ATTEST: ES -t5 nt&-c%1 Stephanie M. Moon, MMC Davi . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15111 day of April, 2013. No. 39628-041513. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2013 - 2014, upon certain terms and conditions. 183 BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2013 - 2014, in the amount of $8,237,335.00 is hereby approved, all as more particularly set forth in a letter, and attachments thereto, to the City Manager dated March 28, 2013, 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39629-041513. A RESOLUTION authorizing the City Manager to amend the 2010 - 2015 Consolidated Plan for the 2012 plan year and to execute payment of $450,626.00 to provide early payoff to a Hotel Roanoke Section 108 HUD Loan. WHEREAS, in order to comply with HUD regulations related to CDBG funding, the City must expend $702,000.00 prior to May 2, 2013; WHEREAS, City staff has requested to provide early payoff on the City's final payment of the Hotel Roanoke Section 108 HUD Loan in the amount of $450,626.00; and WHEREAS, an amendment to the 2010 - 2015 Consolidated Plan for the 2012 plan year is needed to allow the redirection of funds for early repayment of the final installment of the Section 108 HUD Loan for renovations to the Hotel Roanoke prior to the close of the annual plan year. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 184 An amendment to the 2012 - 2013 Annual Plan of the 2010 - 2015 Consolidated �. Plan for the redirection of funds for early repayment of the final installment of the Section 108 HUD Loan for renovations to the Hotel Roanoke prior to May 2, 2013, as •+ more particularly set forth in the City Council Agenda Report dated April 15, 2013 to this Council is approved, and the City Manager is hereby authorized to execute payment of $450,626.00 prior to May 2, 2013 for such purpose. APPROVED StepATTEST: �'y'�C . ���I\c���/��c�)�/�� . M on, MNTC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39630-041513. AN ORDINANCE to appropriate Program Income funding from the Department of .. Housing and Urban Development (HUD) Community Development Block Grant — Program (CDBG), 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 Economic Development- Hotel Roanoke 108 Loan 35-009-0930-5135 $ 4,916.00 Economic Development- Hotel Roanoke 108 Loan 35-G10-1030-5135 20,053.00 Economic Development- Hotel Roanoke 108 Loan 35-G11-1130-5135 72,955.00 Economic Development - Hotel Roanoke 108 Loan 35-G12-1230-5135 321,562.00 Economic Development- Hotel Roanoke 108 Loan 35-G13-1330-5135 31,140.00 Revenues CDBG Program Income 08-09— BSCI Microloan 35-G09-0900-2910 673.00 CDBG Program Income 08-09— Homeowner Assist 35-G09-0900-2922 4,070.00 CDBG Program Income 08-09— Rental Rehab Repay 35-G09-0900-2940 173.00 CDBG Program Income 09-10— RRHA Other PI 35-G10-1000-3003 3,580.00 CDBG Program Income 09-10— BSCI Microloan 35-G10-1000-3010 2,207.00 CDBG Program Income 09-10— Rental Rehab Repay 35-G10-1000-3040 551.00 CDBG Program Income 09-10— BRH SEBD 35-G10-1000-3042 3508.00 WWI CDBG Program Income 09-10—TAP 35-G10-1000-3043 10,207.00 CDBG Program Income 10-11 — RRHA Other PI 35-G11-1100-3103 54,622.00 _,,, 185 CDBG Program Income 10-11 — Homeowner Assist 35-G11-1100-3122 9,153.00 CDBG Program Income 10-11 —Hotel Roanoke 108 35-G11-1100-3134 7,820.00 CDBG Program Income 10-11 — Rental Rehab Repay 35-G11-1100-3140 1,360.00 CDBG Program Income 11-12— RRHA Other PI 35-012-1200-3203 55,306.00 CDBG Program Income 11-12— Hotel Roanoke 108 35-012-1200-3207 96,757.00 CDBG Program Income 11-12— Rental Rehab Repay 35-G12-1200-3208 20,154.00 CDBG Program Income 11-12—TAP SRO Repay 35-012-1200-3220 55,316.00 CDBG Program Income 11-12— Homeowner Assist 35-G12-1200-3222 38,713.00 CDBG Program Income 11-12— BRH 35-G12-1200-3242 55,316.00 CDBG Program Income 12-13— RRHA Other PI 35-G13-1300-3303 31,140.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39631-041513. AN ORDINANCE authorizing the proper City officials to execute a Grant Performance Agreement among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and South Commonwealth Partners, LLC, that provides for a grant not to exceed $350,000.00 and for certain undertakings by the parties in connection with the development of certain portions of property located at 25 Church Avenue, S. E., Roanoke, Virginia 24011 for a hotel; and dispensing with the second reading by title of this Ordinance. WHEREAS, South Commonwealth Partners, LLC has proposed the development, construction, and operation of a hotel project within (i) approximately 11,500 square feet of the first floor of Market Garage, located at 25 Church Avenue, S. E., Roanoke, Virginia 24011, (ii) in a portion of the air rights above the Market Garage, and (iii) such easements as are required for the development, construction and operation of the hotel (the "Hotel Project"), as set forth in the City Council Agenda Report dated April 15, 2013; WHEREAS, such development of the site will require significant infrastructure costs and other costs for the development of the Hotel Project; 186 WHEREAS, South Commonwealth Partners, LLC has requested an economic development grant through the EDA to assist in the unusual expenses for the development of the Hotel Project; WHEREAS, City staff has advised Council that such Hotel Project will benefit economic development within the City and the Roanoke Valley; and WHEREAS, the City and the EDA wish to encourage South Commonwealth Partners, LLC to complete the Hotel 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 Grant Performance Agreement among the City, the EDA, and South Commonwealth Partners, LLC, as set forth in the attachment to the City Council Agenda Report dated April 15, 2013, which provides for certain undertakings and obligations by South Commonwealth Partners, LLC, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Grant 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 Grant Performance Agreement among the City, the EDA, and South Commonwealth Partners, LLC, upon certain terms and conditions as set forth in the City Council Agenda Report dated April 15, 2013. The Grant 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 Grant 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: rnrn`` `/`",(/V•��,.�(, Steph an1e M Moon, MME David A. Bower` City Clerk Mayor 187 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39632-041513. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Market Garage Hotel Development — South Commonwealth Partners 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 08-310-9637-9003 $ 350,000.00 Fund Balance Economic and Community Development 08-3365 ( 350,000.00) Reserve - Unappropriated Pursuant 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 qcs Stephanie M. Moon, MMC A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39633-041513. AN ORDINANCE to appropriate funding from the Commonwealth governments for various educational programs, amending and reordaining certain sections of the 2012 - 2013 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 188 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 Teacher 302-110-0000-0000-371G-61100-41129-3-01 $ 9,289.00 Social Security 302-110-0000-0000-3710-61100-42201-3-01 711.00 Homeless 302-140-home-0000-3660-61210-41138-9-08 - 15,374.00 Service Coordinator Social Security 302-140-home-0000-366G-61210-42201-9-08 1,176.00 Revenues State Grant 302-000-0000-0000-371G-00000-32304-0-00 10,000.00 Receipts State Grant 302-000-0000-0000-366G-00000-32400-0-00 16,550.00 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: . fl� - Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39634-041513. A RESOLUTION of the City Council of the City of Roanoke, Virginia approving the issuance of an amount not to exceed $12,000,000.00 in revenue bonds to be issued by the Economic Development Authority of the City of Roanoke, Virginia for the benefit of Kissito Healthcare, Inc., for the financing or refinancing of certain improvements to its facilities specifically known as Kissito Village of Roanoke, Hawthorne Facility, 1884 house of facility and Kissito Pace II facility, one of which is in the City of Roanoke, Virginia -� 189 The Economic Development Authority of the City of Roanoke, Virginia ("Authority") has considered the application of Kissito Healthcare, Inc., an Illinois non- profit corporation (the "Borrower"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $12,000,000.00 (the "Bonds") to be issued at one time or from time to time to assist the Borrower in financing or refinancing the acquisition, construction and equipping of facilities (such facilities being referred to herein as the "Facilities") and the acquisition, construction and equipping thereof, to be located in the City of Roanoke and in Roanoke County, Virginia and to be used for: (a) paying the costs of the acquisition and renovation, by Kissito Village of Roanoke, Inc., located at 5300 Hawthorne Road, Roanoke County, Virginia 24012, a 144-unit affordable housing facility for the elderly, on an approximately 5.03 acre tract of land (the "Hawthorne Facility"); (b) repaying the temporary financing by means of which Kissito 1884 House, Inc., acquired 1884 House, a 10-unit affordable housing facility for the elderly, located on an approximately 0.149 acre tract of land located at 301 Gilmer Avenue, City of Roanoke, Virginia 24016 (the "1884 House Facility"); (c) paying the costs of renovating the 1884 House Facility; (d) paying Kissito PACE of Roanoke, Inc.'s costs of leasehold improvements to, and equipment and furnishings for, its leased premises located at 5251 Concourse Drive, Roanoke County, Virginia 24019 (the "Kissito PACE I Facility"), in which it offers its Program of All-Inclusive Care for the Elderly ("PACE"); (e) providing certain initial deposits into the funds and accounts established under the Indenture, including a debt service reserve fund for the Series 2013 Bonds; and (f) paying certain costs of issuance of revenue bonds (the "Series 2013 Bonds") for such purposes (the "Project"); and other expenses in connection with the issuance of the Bonds. The Authority held a public hearing on the Borrower's application on March 20, 2013, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the "Virginia Code"). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds. The Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"); one of the facilities comprising the Project is located in the City; and the City Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City. The Authority has recommended that the Council approve the issuance of the Bonds. 190 A copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact .. Statement have been filed with the Council. NOW, THEREFORE, IT IS RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: 1. The Council approves the issuance of the Bonds pursuant thereto by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to assist the Borrower in financing or refinancing the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. APPROVED IMO ATTEST: {.AW� Stephanie M. Moon, MMC David A. owers toadl City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39635-041513. AN ORDINANCE amending §2-1 Design and use of City Seal, Article I, In General, of Chapter 2, Administration, 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 2-1 Design and use of City Seal, Article I, In General, of Chapter 2, Administration, of the Code of the City of Roanoke, (1979), as amended, is hereby amended and reordained to read and provide as follows: 191 Sec. 2-1. Design and use of city seal. The corporate seal of the city shall be a design within a circle, one and seven-eighths (17/8) inches in diameter and representing a standings female figure, with a pair of scales in one (1) hand and a sword in the other hand, aad a railway engine and a passenger train, and mountains with the design of a city in the b a c k g r o u n d-- -- - --- - --- - - - - •- -• : •- figure, and in the exergue this inscription: "The-City of Roanoke, Virginia." Except as otherwise specifically provided, no other seal shall be used for the city, and no paper issued by municipal authority, which requires the seal of the city, shall be valid, unless the seal described herein shall be duly affixed thereto. 2. This ordinance shall become effective July 1, 2013. 3. Pursuant to §12 of the Roanoke 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 15'h day of April, 2013. No. 39636-041513. AN ORDINANCE authorizing the vacation of a portion of a public utility easement across property owned by Philomena A. Smith ("Smith"), designated as Roanoke Official Tax Map No. 1080733, located at 3132 Stoneridge Road, S. W., Roanoke, Virginia, at Smith's request; and dispensing with the second reading by title of this ordinance. 192 WHEREAS, a public hearing was held April 15, 2013, pursuant to § 15.2-1800 aino 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 vacation of the public utility easement. 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 vacation of a portion of a public utility easement across property owned by Philomena A. Smith, designated as Roanoke Official Tax Map No. 1080733, located at 3132 Stoneridge Road, S. W., Roanoke, Virginia, at Smith's request, in order for Smith to obtain clear title, as more particularly set forth in the City Council Agenda Report dated April 15, 2013. 2. All documents necessary for this vacation 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: O' Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39637-041513. AN ORDINANCE authorizing proper City Officials to execute a contract and the necessary documents to sell to 360 Toyota, L.L.C., certain City-Owned Property designated as Official Tax Map No. 3070316, located at 1530 Court land Road, N. E., Roanoke, Virginia 24012, together with an approximate 1.5 acre portion of the adjacent tax parcel located at 1684 Court land Road, N. E., Roanoke, Virginia, 24012, being a portion of Official Tax Map No. 3070322, 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; dispensing with the ^ second reading by title of this Ordinance; and providing for an effective date. 193 WHEREAS, after proper advertisement a public hearing was held on the above matter on April 15, 2013, pursuant to Sections 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; 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. City Council hereby approves the terms of the proposed Contract for Purchase and Sale of Real Property by and between the City and 360 Toyota, L.L.C., as set forth in the attachment to the City Council Agenda Report dated April 15, 2013 (the "Contract"), which Contract provides for certain undertakings and obligations of 360 Toyota, L.L.C., as well as certain undertakings by the City. The City Council further finds that the sale of such property, as set forth in the Contract, will be of economic benefit to the City and its citizens. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the Contract to sell to 360 Toyota, L.L.C., City - Owned property located at 1530 Court land Road, N. E., Roanoke, Virginia 24012, designated as Official Tax Map No. 3070316, together with an approximate 1.5 acre portion of the adjacent City-owned parcel located at 1684 Courtland Road, N. E., Roanoke, Virginia, 24012, being a portion of Official Tax Map No. 3070322, upon certain terms and conditions as set forth in the Contract. Such Contract is to be substantially similar to the Contract attached to the City Council Agenda Report dated April 15, 2013 and in a form approved by the City Attorney. The purchase price to be paid to the City is $1,035,500.00, subject to a credit at closing payable to 360 Toyota, L.L.C. of not more than $35,500.00 for third party expenses incurred by 360 Toyota, L.L.C., in evaluating the property described herein. 3. The City Manager is further authorized to negotiate, execute, and deliver such further documents and to take such further actions as may be necessary to implement, administer, and enforce the Contract, and to negotiate, execute, and deliver any other agreements and documents relating to this matter, which include but are not limited to a special warranty deed, extensions or modifications of the Contract, and such other documents as the City Manager deems appropriate. The form of any such documents are to be approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 194 5. This Ordinance shall be in effect as of the date of its passage. APPROVED pp ATTEST: 1St tdot o V�'�XBo Step anie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of April, 2013. No. 39638-041513. AN ORDINANCE approving the Evans Spring Area Plan dated January 17, 2013, as amended by the Planning Commission, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include the Evans Spring Area Plan dated January 17, 2013, as amended by the Planning Commission; and dispensing with the second reading by title of this ordinance. WHEREAS, on January 17, 2013, the Evans Spring Area Plan dated January 17, 2013, was presented to the Planning Commission, at public hearing but the matter was continued to February 12, 2013, due to inclement weather to allow for additional public input; WHEREAS, on February 12, 2013, the Evans Spring Area Plan dated January 17, 2013, was again presented to the Planning Commission, but the matter was continued to March 12, 2013, for further consideration and discussion; WHEREAS, on March 12, 2013, the Planning Commission held the continued public hearing and recommended adoption of the Evans Spring Area Plan dated January 17, 2013, with certain amendments, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include such Evans Spring Area Plan dated January 17, 2013, as amended (the "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 April 15, 2013, on the Plan, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. 195 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the Evans Spring Area Plan dated January 17, 2013, as amended by the Planning Commission, and amends Vision 2001- 2020, the City's Comprehensive Plan, to include such Evans Spring Area Plan as an element thereof, such Evans Spring Area Plan to be referenced henceforth as the Evans Spring Area Plan dated April 15, 2013. 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: i �Go MD - Stephanie M. Moon, MMC David A. City Clerk Mayor • 196 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39639-050613. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2013 - 2014 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 operating budget for Fiscal Year 2013 - 2014 for the operation of RVTV and has requested that the City of Roanoke approve that operating budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as 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 $199,117.00, 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 operating budget of $382,917.00, which is the amount being requested from the member localities, 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 RVTV letter dated May 6, 2013, to this Council, is hereby approved. 197 2. In accordance with the Committee's request to the City to fund a portion of the RVTV operating budget mentioned above, the total amount of $202,477.00 (which consists of $199,117.00 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 2013 - 2014 as requested in the above RVTV letter dated May 6, 2013, to this Council. APPROVED ATTEST: Stephanie M. Moon, MMC f David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39640-050613. A RESOLUTION authorizing acceptance of the Shelter Plus Care Renewal Grant Award to the City of Roanoke from the U. S. Department of Housing and Urban Development, in the amount of $203,575.00; 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 $203,575.00, 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, 2013, through July 10, 2014, to provide rental assistance and supportive services to disabled homeless individuals and their families, as more particularly described in the City Council Agenda Report dated May 6, 2013. 2. The City of Roanoke is authorized to be the fiscal agent for this grant and shall be responsible for distributing the grant proceeds. 198 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. APPROVED ATTEST: Stephanie M. Moon, MMC V, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6`" day of May, 2013. No. 39641-050613. 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 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 Shelter Plus Care 35-630-5305-2159 $203,575.00 Revenues Shelter Plus Care FY14 35-630-5305-5305 203,575.00 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: tor) C.2.200. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 199 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39642-050613. 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 $140,422.00, with a local cash match of $40,320.00 from the City, for a total program budget of $180,742.00, for a one year period beginning February 1, 2013, as more particularly set forth in the City Council Agenda Report dated May 6, 2013, 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: Stephanie M. Moon, M C David A. Bowers City Clerk Mayor 200 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39643-050613. 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 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 Salary 35-630-5355-1002 $95,145.00 Temporary Employee Wages 35-630-5355-1004 13,567.00 City Retirement 35-630-5355-1105 17,193.00 FICA 35-630-5355-1120 8,316.00 .� Medical Insurance 35-630-5355-1125 16,992.00 Dental Insurance 35-630-5355-1126 992.00 -a Life Insurance 35-630-5355-1130 1,132.00 Disability Insurance 35-630-5355-1131 320.00 Telephone 35-630-5355-2020 1,750.00 Telephone-Cellular 35-630-5355-2021 1,000.00 Administrative Supplies 35-630-5355-2030 1,750.00 Expendable Equipment <$5000.00 35-630-5355-2035 500.00 Motor Fuel Billed Through Fleet 35-630-5355-2039 2500.00 Program Activities 35-630-5355-2066 18,285.00 Postage 35-630-5355-2160 300.00 Fleet Management Vehicle Repair 35-630-5355-7026 1,000.00 Revenues Homeless Assistance Team FY13 35-630-5355-5355 140,422.00 Homeless Assistance Team FY13 - 35-630-5355-5356 Local 40,320.00 • • 201 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: kThr- nom CrguAwd."--' Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39644-050613. 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 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 DoJ Expendable Equipment 35-640-3304-2035 $ 18,162.00 DoT Expendable Equipment 35-640-3307-2035 6.00 Revenues DoJ Federal Asset Forfeiture 35-640-3304-3305 15,330.00 DoJ Federal Asset Forfeiture - 35-640-3304-3306 2,832.00 Interest DoT Federal Asset Forfeiture - 35-640-3307-3308 6.00 Interest 202 Pursuant 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 411‘4%) David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39645-050613. AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 2012 - 2013 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. aka 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 35-640-3302-2035 $60,590.00 Revenues State Asset Forfeiture - 35-640-3302-3299 437.00 Interest State Asset Forfeiture 35-640-3302-3300 60,153.00 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: /441/4-"An1411cYTh NUNN) Stephanie M. Moon, MMC David A. Bowers - City Clerk Mayor 203 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39646-050613. A RESOLUTION authorizing the City Manager to execute any and all appropriate documents and take any such actions necessary to draw on the National Bank letter of credit associated with the Blue Hills Village Project, in the amount of$37,435.00. WHEREAS, a subdivision plat was approved by the City of Roanoke ("City") for the development of a parcel designated as Official Tax Map No. 7160113 ("Blue Hills Village Project") by Blue Hills Village, LLC ("Blue Hills"); WHEREAS, as part of the aforementioned development, the City required Blue Hills to install certain right-of-way and stormwater management improvements; WHEREAS, portions of the required right-of-way and stormwater management improvements have not been completed; WHEREAS, as part of the development process, Blue Hills obtained a letter of credit from National Bank in favor of the City to ensure that all work was installed pursuant to the approved plan, including the uncompleted required right-of-way and stormwater management improvements; WHEREAS, National Bank has notified the City that the Blue Hills Village Project letter of credit will expire in the near future; WHEREAS, the expiration of the Blue Hills Village Project letter of credit will leave the City without assurance that all of the required improvements will be completed; WHEREAS, the City has made numerous requests of Blue Hills to complete the remaining improvements, but Blue Hills has failed to do so and has not extended the letter of credit; and WHEREAS, the City Manager has recommended that the City draw on the letter of credit for the Blue Hills Village Project and obtain $37,435.00 to complete the necessary and required improvements to the Blue Hills Village Project. 204 THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized to execute, for and on behalf of the City, upon form approved by the City Attorney, any documents necessary, and to take any other actions as are reasonable and necessary, to draw on the National Bank letter of credit in favor of the City in the amount of $37,435.00 for the Blue Hills Village Project to complete the required right-of-way and stormwater improvements. APPROVED ATTEST: n,., Stephanie M. Moon, MMC 1 g David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39647-050613. AN ORDINANCE to appropriate funding from the National Bank Letter of Credit to the Blue Hills Village Infrastructure Completion 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 Third Party 08-310-9684-9004 $ 37,435.00 Revenues Blue Hills Village LOC 08-310-9684-9684 37,435.00 205 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: - W 09„� cj)(L Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor t IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of May, 2013. No. 39648-050613. A RESOLUTION changing the time within which the election task force is requested to present its recommendation to Council. WHEREAS, pursuant to Resolution No. 39564-010713 adopted January 7, 2013, nine (9) individuals were nominated to review the current alignment of the City's voting precincts, the Electoral Board Proposal, and the voting process and to make such recommendations to City Council as to the realignment or consolidation of the City's voting precincts as the task force deemed advisable. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the task force is requested to provide its recommendation to Council, in writing at the June 3, 2013 Council Work Session at 10:00 a.m. APPROVED ATTEST: Stephanie M. Moon, MMC David A. owers City Clerk Mayor 206 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39649-051313. 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, 2013, and ending June 30, 2014; 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, 2013, and ending June 30, 2014, 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 105,388,000.00 Other Local Taxes 74,518,000.00 Permits, Fees and Licenses 1,034,000.00 Fines and Forfeitures 1,592,000.00 Revenue from Use of Money and 214,000.00 Property Intergovernmental Revenue - State & 65,722,000.00 Federal Charges for Current Services 11,015,000.00 Miscellaneous 550,000.00 Total Revenues 260,033,000.00 Appropriations Treasurer $ 1,333,650.00 - Clerk of Circuit Court 1,614,941.00 Juvenile and Domestic Relations Court Services 1,127,557.00 '� 207 Juvenile and Domestic Relations Court 35,405.00 • Clerk Magistrate 6,985.00 General District Court 32,690.00 Circuit Court 493,746.00 Commissioner of the Revenue 1,084,192.00 Sheriff $2,824,041.00 Jail 14,988,362.00 17,812,403.00 Commonwealth's Attorney $1,663,997.00 Cost Collections Unit 86,751.00 1,750,747.00 City Council $ 235,035.00 Mayor Bowers 12,448.00 Vice-Mayor Rosen 3,236.00 Council Member Lea 4,950.00 Council Member Bestpitch 1,500.00 Council Member Price 7,536.00 Council Member Trinkle 3,180.00 Council Member Ferris 2,500.00 270,385.00 City Attorney 1,082,253.00 City Clerk 466,915.00 Municipal Auditing 665,884.00 Department of Finance $2,655,602.00 On Street Parking 265,048.00 Real Estate Valuation 1,082,553.00 Board of Equalization 11,546.00 4,014,749.00 Residual Fringe Benefits 3,211,616.00 Miscellaneous 50,000.00 Transfers to School Fund 74,506,400.00 Transfers to Greater Roanoke Transit Company 1,804,105.00 Transfers to Debt Service Fund 13,225,49.00 Transfer to Other Funds 4,662,903.00 Funding for Reserves 875,000.00 Electoral Board 349,292.00 Office of Communications 403,261.00 City Manager 827,907.00 208 Roanoke Arts Commission 269,220.00 Economic Development 1,640,667.00 • Memberships and Affiliations 2,668,160.00 Personnel Lapse (2,078,633.00) Contingency 2,051,855.00 Department of Management and Budget 535,867.00 Human Resources $1,102,324.00 Employee Health Services 645,363.00 1,747,687.00 E911 Center $2,409,959.00 E911 Wireless 601,000.00 3,010,959.00 Director of General Services and 234,333.00 Sustainability Purchasing 440,911.00 675,244.00 Building Maintenance 4,288,903.00 Custodial Services 680,201.00 4,969,104.00 a Fire Administration $ 704,828.00 Fire Support 1,117,363.00 Fire Operations 17,577,859.00 Emergency Management 107,780.00 19,507,830.00 Director of Public Works 154,962.00 Solid Waste Management 6,449,403.00 Transportation - Streets and Traffic 5,489,775.00 Transportation - Paving 3,360,728.00 Transportation - Snow Removal 110,597.00 Transportation - Street Lighting 1,135,989.00 Transportation - Engineering & 1,862,656.00 Operations Environmental Management 194,868.00 Engineering 1,490,541.00 20,249,519.00 Planning and Development $1,175,726.00 Building Inspections 841,977.00 .. a 209 Neighborhood Support 113,584.00 Neighborhood Services 1,274,298.00 3,405,585.00 Parks $2,919,701.00 Parks & Recreation Administration 1,223,265.00 Recreation 1,640,509.00 Community Recreation 7,383.00 Park Programming 3,000.00 Outdoor Education 130,328.00 Athletics 62,017.00 5,986,203.00 Social Services 23,939,259.00 Youth Haven $641,728.00 Outreach Detention 272,719.00 914,447.00 Health Department 1,473,975.00 Mental Health 448,890.00 Human Services Committee 409,052.00 Comprehensive Services Act (CSA) 10,605,000.00 Police Administration $ 725,357.00 Police Investigation 3,961,636.00 Police Patrol 12,792,466.00 Police Services 2,959,073.00 Police Training 674,163.00 Police Animal Control 1,234,905.00 22,347,600.00 Libraries $3,357,200.00 Law Library 122,567.00 Virginia Cooperative Extension 67,267.00 3,547,034.00 Total Appropriations $260,033,000.00 Civic Facilities Fund Revenues Operating $2,576,279.00 Non-Operating 2,034,194.00 210 Total Revenues $4,610,473.00 Appropriations Operating Expenses $3,245,173.00 Debt Service 1,365,300.00 Total Appropriations $4,610,473.00 Parking Fund Revenues Operating $3,299,806.00 Total Revenues $3,299,806.00 Appropriations Campbell Garage 139,095.00 Market Garage 252,061.00 Elmwood Park Garage 178,286.00 Center in the Square Garage 201,330.00 • Church Avenue Garage 298,844.00 Tower Garage 261,042.00 Gainsboro Garage 181,725.00 Market Lot 15,499.00 Elmwood Lot 21,790.00 Warehouse Row Lot 20,119.00 Williamson Lot 19,627.00 Higher Ed Center Lot 36,647.00 Operating 304,586.00 Parking Services 100,914.00 Debt Service 1,268,241.00 Total Appropriations $ 3,299,806.00 Department of Technology Fund Revenues Operating $ 6,148,285.00 211 Appropriations Technology - Operating $4,362,623.00 Technology- Capital Outlay 650,000.00 Radio Technology- Operating 685,321.00 Radio Technology- Capital Outlay 450,341.00 Total Appropriations $6,148,285.00 Fleet Management Fund Revenues Operating $6,174,647.00 Non-Operating 100,000.00 Total Revenues $6,274,647.00 Appropriations Operating Expenses $4,361,397.00 Capital Outlay 1,913,250.00 Total Appropriations $6,274,647.00 Risk Management Fund Revenues Operating $15,344,238.00 Total Revenues $15,344,238.00 Appropriations Risk Management Administration $ 1,077,678.00 Risk Management - Other Expenses 14,266,560.00 Total Appropriations $ 15,344,238.00 School General Fund Revenues $159,618,386.00 212 Appropriations $159,618,386.00 School Food Services Fund Revenues 6,350,000.00 Appropriations 6,350,000.00 School Athletics Fund Revenues 1,691,000.00 Appropriations 1,691,000.00 Grant Fund -� Revenues Total Revenues 252,305.00 Appropriations Regional Drug Prosecutor $ 34,057.00 Victim Witness 31,835.00 Virginia Juvenile Community Crime 121,750.00 Control Act Homeless Assistance Team 40,320.00 Grant Match (Additional Local Share for 24,343.00 Compensation) Total Appropriations $ 252,305.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and she is hereby authorized and directed to transfer between accounts such appropriations for salaries and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. 213 4. That funding for all outstanding encumbrances, at June 30, 2013, are re- appropriated to the 2013-14 fiscal year to the same department and account for which they are encumbered in the 2012-13 fiscal year. 5. That this ordinance shall be known and cited as the 2013-14 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. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: LA\O .11Yt� • Stephanie M. Moon, MMC — Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39650-051313. AN ORDINANCE to adopt and establish a Pay Plan for officers, employees and Constitutional Officers of the City effective July 1, 2013; 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: 214 J 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, 2013, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: Pay Minimum Maximum Grade Annual Annual Salary Salary 4 $18,865.08 $30,184.44 5 $19,808.88 $31,694.26 6 $21,293.74 $34,070.14 7 $22,938.50 $36,701.60 8 $25,343.50 i $40,549.60 9 $28,003.82 $44,806.58 10 $30,946.50 $49,514.66 11 $33,126.34 $53,002.30 12 $36,935.86 $59,096.96 13 $41,184.26 $65,894.66 14 $45,919.38 $73,471.06 15 $51,200.50 $81,920.80 16 - $57,834.66 $92,535.82 17 $64,485.20 $103,176.58 18 $71,900.92 $115,041.94 19 ' $81,165.24 $129,864.02 20 $90,498.72 : $144,798.16 2. The Pay Plan adopted by this Ordinance shall remain in effect until amended by Council. 215 3. Pursuant to §2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 2013, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance and class code to each position in the classified service of this City. 4. Performance increases, of up to two percent (2%) of the employees' current base salary, may be awarded officers and employees according to their performance scores. Effective July 1, 2013, for officers and employees appointed or hired after July 1, 2012, performance increases shall be prorated based on the number of pay periods served pursuant to policies and procedures promulgated by the City Manager. 5. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his or her pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 6. Annual salary increments payable on a bi-weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE ANNUAL SALARY INCREMENT Appraiser I $ 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 Supervising Appraiser $ 2,000.00 Business License Inspector Auditor $ 1,000.00 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. 216 The City Manager is authorized, within the limits of funds appropriated therefore, to provide for similar salary increments for other officers or employees. 7. In order equitably to compensate sworn police officers assigned duties in a non-uniform capacity and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual salary increment of $600.00 payable on a bi-weekly basis as a uniform allowance. 8. Each employee of the Fire-Emergency Medical Services Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participates in the City's First Responder Program shall be accorded an annual salary increment of $1,200.00 payable on a bi-weekly basis. 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$1,200.00 payable on a bi-weekly basis. 10. Each employee of the Fire-Emergency Medical Services Department who has been certified and performs Fire Inspector duties as part of the Fire Prevention ,,,p 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. Each employee of the Fire-EMS Department who has been certified and performs inspection and repair duties to the Department's "turn out" gear, Self- Contained Breathing Apparatus ("SCBA") and safety sensitive equipment as part of the Fire Maintenance Safety Program by the Fire-EMS Chief shall be accorded an annual salary supplement of$1,500.00 payable on a bi-weekly basis. 12. The City Manager is authorized to continue a police career enhancement program,to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $1,076.00 to $4,802.00 payable on a bi-weekly basis. 13. 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. A 217 14. 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. 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 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. 16. 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). 17. When any salary increase provided in paragraphs 4, 10, 11, 12, 13 or 14 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. 18. Regular full-time, permanent, City employees who donate to the 2014 United Way Campaign will earn paid leave as follows: Donation Per Pay Period Total Paid Leave Allotted $5.00 per pay period/ 4.0 hours of leave $130.00 per year $10.00 per pay period/ 8.0 hours of leave $260.00 per year 218 Permanent part-time employees who donate to the 2014 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 2014 United Way Campaign will earn paid leave as follows: Donation Per Pay Period Total Paid Leave Allotted $5.00 per pay period/ 6.0 hours of leave $130.00 per year $10.00 per pay period/ 12.0 hours of leave $260 per year All time earned through donations to the 2014 United Way Campaign must be used by June 23, 2014. 19. Each employee of the Sheriffs office who meets qualifications for Master Deputy Sheriff and has been appointed such by the Sheriff shall receive a five percent MCI (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%). 20. The City's General Registrar, the Clerk of Circuit Court, Commonwealth's Attorney, Commissioner of the Revenue, City Sheriff, and City Treasurer shall each be eligible July 1, 2013, for a salary increase equal to the base raise percentage increase approved by City Council for City employees. 21. Each officer or employee of the City as well as the City's General Registrar, the Clerk of Circuit Court, Commonwealth's Attorney, Commissioner of the Revenue, and City Treasurer who participate in the City's 401(h) Health Savings Plan shall receive a one percent (1%) increase of the employee's current base salary to offset the mandatory one percent (1%) employee contribution to their 401(h) Health Savings Plan under the City's Pension Plan. 22. 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. — 219 23. The City Manager is authorized to continue the Special Military Pay Supplement to any City employee who is a military reservist/national guard and who, between July 1, 2013 and June 30, 2014, is called to and serves in active duty related to our country's war on terrorism or natural disasters. The supplement is equal to the difference between that employee's regular City salary and military base pay plus any other compensation received for military service. 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, 2013. 25. The provisions of this ordinance shall be in full force and effect on and after July 1, 2013. 26. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST:�Q.�a.2J Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39651-051313. 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, 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. For the fiscal year beginning July 1, 2013, and ending June 30, 2014, 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 annual salary established for such Council-appointed officer during the fiscal year July 1, 2012, ending June 30, 2013, increased by two percent (2%). 220 2. Each Council-appointed officer who participates in the City's 401(h) Health Savings Plan shall receive a one percent (1%) increase of their current base salary to offset the mandatory one percent (1%) employee contribution to their 401(h) Health Savings Plan under the City's Pension Plan. 3. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July 3, 2013. 4. The Director of Finance shall continue to pay on an installment basis the sum of $8,000.00 per calendar year to the deferred compensation plan established pursuant to IRC Section 457, 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. 5. The Director of Finance shall continue to pay on an installment basis the sum of $15,000.00 per calendar year to the deferred compensation plan established pursuant to IRC Section 401(a), 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. 6. 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. 7. 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. 8. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 9. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: fl^ Stephanie M. Moon, MMC David David A� —. City Clerk Mayor 221 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, Aft The 13th day of May, 2013. No. 39652-051313. A RESOLUTION amending the School Funding Policy for funding the City's School Division dated May 9, 2011 and approving and adopting the School Funding Policy for funding the City's School Division, as revised. WHEREAS, Council adopted a School Funding Policy for funding of the City's School Division by Resolution No. 39108-050911, dated May 9, 2011; WHEREAS, the City Manager and the Director of Finance have proposed a revised School Funding Policy dated May 13, 2013 (the "Revised School Funding Policy"), which Revised School Funding Policy has been developed in cooperation with the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The School Funding Policy dated May 9, 2011, and approved and adopted by Council pursuant to Resolution No. 39108-050911, is hereby amended by Council, in accordance with the terms of the Revised School Funding Policy, transmitted to Council on May 13, 2013. 2. The Revised School Funding Policy transmitted by the City Manager and the Director of Finance to Council on May 13, 2013 be and is hereby approved and adopted as Council's policy with regard to funding the City's School Division. 3. The City Clerk is directed to transmit an attested copy of this resolution to the School Board of the City of Roanoke and to the School Superintendent. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 222 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39653-051313. AN ORDINANCE amending and reordaining Section 1-23, Assessment of court costs to support local criminal justice academy, Chapter 1, General Provisions, of the Code of the City of Roanoke (1979), as amended, to increase the court cost fee to support the local criminal justice academy; providing for an effective date; and dispensing with the second reading of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 1-23, Assessment of court costs to support local criminal justice academy, Chapter 1, General Provisions, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Section 1-23. Assessment of court costs to support local criminal justice academy (a) A local fee ofdhreefive dollars ($35.00) to support the City's local criminal justice academy is hereby imposed in every case in which costs are assessable pursuant to §§16.1-69.48:1, 17.1-275.1, 17.1-275.3, 17.1-275.4, 17.1-275.7, 17.1-275.8, or 17.1-275.9, Code of Virginia. The clerks of the district and circuit courts shall charge and collect this assessment as a part of the fees taxed as costs. 2. This ordinance shall be in full force on and after July 1, 2013. 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor h 223 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39654-051313. A RESOLUTION amending the City's Fee Compendium imposing fees for copy charges within all City Departments; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following fees shall be charged for duplicating requested public records within all City departments, in compliance with Section 2.2-3704 of the Code of Virginia (1950), as amended: Copy Charges: Paper Size Color Copy Black and White Copy S ''/z X11 (letter) $.50 per impression $.10 per impression S '/= X 14 (legal) $.50 per impression $.15 per impression 11 X 17 $.50 per impression $.20 per impression The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fees for photocopying requested public records. 3. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fees established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect on and after July 1, 2013. APPROVED ATTEST: A40-^-L1-) Y)e) nreted Stephanie M. Moon, MMC ' David A. Bowers City Clerk Mayor 224 • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, •J The 13th day of May, 2013. No. 39655-051313. AN ORDINANCE amending Section 32-273 Imposed, amount,Article XII, Tax on Probate of Will or Grant of Administration, Chapter 32, Taxation, Code of the City of Roanoke (1979) as amended; adding a new subsection 32-273.1 Tax in lieu of probate tax, to allow charging a fee for recordation of a list of heirs or affidavit and to maketechnical corrections; amending Section 32-274 Collection, Article XII, Tax on Probate of Will or Grant of Administration, Chapter 32 Taxation, Code of the City of Roanoke (1979) as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 32-273 Imposed, amount, Article XII, Tax on Probate of Will or Grant of Administration, Chapter 32, Taxation, Code of the City of Roanoke, (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32-273. Imposed; amount. Pursuant to the authority contained in sSection 58.1-1718 58 67.1 of the Code of Virginia (1950) as amended, a city tax is hereby imposed on the probate of every will or grant of administration in the city in an amount equal to one-third of the amount of the state tax on such probate of a will or grant of administration. Sec. 32.-273.1 Tax in lieu of probate tax. Pursuant to the authority contained in Section 58.1-1718 of the Code of Virginia (1950) as amended, a $25.00 fee is hereby charged on the recordation of a list of heirs, pursuant to Section 64.2-509 Code of Virginia (1950) as amended, or an affidavit, pursuant to Section 64.2-510 Code of Virginia (1950) as amended, unless a will has been probated for the decedent or there has been a grant of administration on the decedent's estate. Sec. 32-274 Collection. The Clerk of the courts of record shall collect the tax imposed or the fee charged by this article of the benefit of the city. 2. This ordinance shall in full force and effect on and after July 1, 2013. 225 3. Pursuant to §12 of the Roanoke 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 13th day of May, 2013. No. 39656-051313. A RESOLUTION amending and reordaining Resolution No. 39104-050911 in order to amend the parking fees charged at Market Garage and the hours of operation; authorizing the City Manager to determine an appropriate date and time such amended parking fees and amended hours at Market Garage shall be effective; authorizing the City Manager to direct amendment of the Fee Compendium to reflect such new parkingrates and hours at Market Garage; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to accomplish all such matters. WHEREAS, by Resolution 39104-050911, adopted on May 9, 2011, City Council established certain parking fees to be charged at all City owned and/or controlled parking facilities, including, but not limited to, the Market Garage, and amended the Fee Compendium to reflect such revised parking fees, effective July 1, 2011; and WHEREAS, in order to provide for the operation of Market Garage on a twenty- four hour, every day basis City staff has recommended rate and hour changes for Market Garage that will allow for rate changes for Market Garage that will allow for overnight parking in such Garage and support the operation of Market Garage as a twenty-four hour every day operational parking garage, all as further set forth in the City Council Agenda Report dated May 13, 2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 226 1. That paragraph No. 6 of Resolution No. 39104-050911 is hereby amended by deleting the current paragraph No. 6 and replacing it with the following paragraph No. 6: 6. In order to allow for overnight parking in the Market Garage and support the operation of Market Garage as a twenty-four hour every day operational parking garage, the parking fees and hours of operation for Market Garage shall be in accordance with the fee schedule as set forth in the chart below: The parking fees, charges, and hours in Column 1 below shall remain in effect until the City Manager, or the City Council, directs that such items be changed to those set forth in Column 2 below, or as the City Council may direct otherwise. Market Garage Column 1 Column 2 Fee Schedule Current Market Garage Market Garage New Parking Parking Fees and Charges. Fees and Charges are to be implemented and noted in the Fee Compendium at such time as deemed appropriate and as directed by the City Manager Monthly reserved $85.00/mo. $85.00/mo. Monthly unreserved $65.00/mo. $65.00/mo. Monthly Residential $16.25/mo. 16.25/mo. Short term weekdays 8 am to 4 pm $1.00 $1.00 Per .5 hr. $6.00 $6.00 Over 2.5 hrs. Short term weeknights N/A 4 pm to 9 pm $2.00 flat rate $3.00 flat rate t Evening Rate (4 pm to 2 FREE $6.00 flat rate am) FREE Overnight Rate (2 am to 8 —. am) 227 Saturday FREE $3.00 flat rate 8 am to 2 am $6.00 flat rate 2 am to 8 am Sunday FREE $3.00 flat rate 8 am to 2 am $6.00 flat rate 2 am to 8 am 2. The effective date of this Resolution shall be July 1, 2013. 3. That Council hereby authorizes the City Manager to determine and direct when the Market Garage new parking fees, charges, and hours as set forth in Column 2 above will take effect and such items shall be activated as of the date and time the City Manager deems appropriate and directs them be effective. The City Manager may further direct that the Fee Compendium be amended at that time to reflect such new parking fees, charges, and hours. 4. The City Manager is further authorized to take any further actions, and to execute any further documents needed to implement, administer, and enforce the parking fees, charges, and hours as set forth above. 5. Except as amended in this Resolution, the provisions of Resolution 39104- 050911, shall remain in full force and effect and such resolution is hereby reordained as of July 1, 2013. 6. 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 as and when the City Manager may direct to reflect the new fees, charges, and hours for Market Garage. APPROVED ATTEST: 14- o Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 228 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39657-051313. - AN ORDINANCE amending and reordaining Section 22.3-24, Custodian of assets; payments from funds, Article III, Trust Fund and Investments, Chapter 22.3, Pensions and Retirement Code of the City of Roanoke (1979) as amended, Section 22.3-26.1, Establishment of 401(h) account, contributions, investment and use, Article III, Trust Fund and Investments, Chapter 22.3, Pensions and Retirement; Code of the City of Roanoke (1979) as amended, Section 22.3-61, Retirement supplement, Division 1, General, of Article IX, Payment of Benefits, Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979) as amended, and Section 22.3-78, Administration and Investment, Article XIV, Defined Contribution Plan, Chapter 22.3 Pensions and Retirement, Code of the City of Roanoke (1979) as amended, for the purpose of making technical corrections to Chapter 22.3; providing for an effective date ; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 22.3-24, Custodian of assets; payment from funds, Article III, Trust Fund and Investments, Chapter 22.3, Pensions and Retirement, Code of the City ••• of Roanoke (1979) as amended, Section 22.3-26.1, Establishment of 401(h) account, contributions, investment and use, Article III, Trust Fund and Investments, Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979) as amended, Section 22.3-61, Retirement supplement, Division 1, General, of Article IX, Payment of Benefits, Chapter 22.3 Pensions and Retirement, Code of the City of Roanoke (1979) as amended, and Section 22.3-78, Administration and Investment, Article XIV, Defined Contribution Plan, Chapter 22.3, Code of the City of Roanoke (1979) as amended, are hereby amended and reordained to read and provide as follows: 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. (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 229 nominee of such bank or trust company as provided in the first paragraph of section 6.1 31Title 6.2, 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. 22.3-26.1. 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 (� al,.�w^nuo; Internal Revenue Code of 1986, as amended. 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 obligated to commingle the 401(h) account assets for investment but instead may shall segregate such funds into a subtrust and accounted for such assets on a member account level. The tructoes are authorized to permit Mmembers shall be permitted 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 beard-the-authority to contract on behalf of the board with an investment provider to administer the participant level accounts and investment direction is delegated to the defined contribution board. (b) Effective July 1, 2013, each member who is employed by the city or any participating employer that elects pursuant to subsection (1) to participate in the 401(h) account, 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 230 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 that elects pursuant to subsection (I) to participate in the 401(h) account 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. ^ 231 (e) After a member who is a person who bocomos a member aftor June 30, 20-13-.,^° ceaseds to be any employee, • - - -•••:. ••:-•:-such member may request reimbursement from his separate account in the 401(h) account for medical care expenses as defined in section 213(d) of the Internal Revenue Code (to the extent such expenses are not otherwise reimbursed by insurance) 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. (f) 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 after the death of all dependent children of the members or if earlier, 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 defined contribution 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) The board and defined contribution 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. an eligible employee as defined herein. Prior to July 1, 2013, a participating employer may elect to participate in the 401(h) account by action of its governing body which action shall include the approval of the "pick-up" arrangements and shall be effective as of a July 1, 2013 on a prospective basis. 232 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 his hired or rehired as an eligible employee after June 30, 2013, . . . -- . . - - • .. unless such person had twenty (20) or more years of service prior to termination of P.M employment that occurred prior to July 1, 2013. In addition, the board shall permit other members !including those who had twenty (20) or more years of service prior to termination of employment that occurred prior to July 1. 2013) employed by a participating employer that elects to participate in the 401(h) account to make an irrevocable election to forego entitled to the supplement under procedures established by the board. Sec. 22.3-78. Administration and Investment. (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. The members designated by the city manager and director of finance shall serve terms of 4 years. 2. This ordinance shall become effective on and after May 13, 2013. 233 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: _ \ Stephanie M. Moon, MMC Davl11'A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39658-051313. AN ORDINANCE amending and reordaining Section 2-178.2, Deferred payment program, Article VIII, Finance Generally, Chapter 2, Administration, Section 4-7, Same- . Parking Violations, Article I, In General, Chapter 4, Airport, Section 19-20, When application due; when tax payable; extensions; penalty and interest for late payment; report and collection of delinquencies, Article I, In General, Chapter 19, License Tax Code, Section 19-22, Assessment of tax; issuance, form and contents of license, Article I, In General, Chapter 19, License Tax Code, Section 19-25, Refund of tax when business discontinued, Article I, In General, Chapter 19, License Tax Code, Section 1930, Taxpayer's records and audits, Article I, In General, Chapter 19, License Tax Code, Section 19-31, Commissioner's records and reports, Article I, In General, Chapter 19, License Tax Code, Section 19.32.1, Appeals and rulings, Article I, In General, Chapter 19, License Tax Code, Section 20-33.1, Requirements; payment of tax a condition precedent to discharge of violations, Article II, Vehicle Licenses, Chapter 20,Motor Vehicles and Traffic, Section 20-33.2, Requirements for operation; payment of license tax a condition precedent to discharge of violations, Article II, Vehicle Licenses, Chapter 20, Motor Vehicles and Traffic, Section 20-89, Penalties for unlawful parking, Division 3, Duties of Police Officers; Penalties for Unlawful Parking, Article IV, Stopping Standing, and Parking, Chapter 20, Motor Vehicles and Traffic, Section 32-25, Duty to collect, Division 1, Generally, Article II, Real Estate Taxes Generally, Chapter 32, Taxation, Section 32-111, Duty to collect, Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Section 33-22, Accounting for abatement costs, Article II, Weed and Trash Abatement, Chapter 33,Vegetation and Trash, Section 33-23, Notice to owner on abatement costs, Article II, Weed and Trash Abatement, Chapter 33, Vegetation and Trash, Code of theCity of Roanoke (1979) as amended, such amendments to provide for the transfer of certain duties, including the collection of delinquent real estate, personal property, ` - and business license taxes to the City Treasurer, because the City of Roanoke's 234 Department of Billings and Collections is being eliminated as a separate department under the City's Director of Finance; 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 2-178.2, Deferred payment program, Article VIII, Finance Generally, Chapter 2, Administration, Section 4-7, Same-Parking Violations, Article I, In General, Chapter 4, Airport, Section 19-20, When application due; when tax payable; extensions; penalty and interest for late payment; report and collection of delinquencies, Article I, In General, Chapter 19, License Tax Code, Section 19-22, Assessment of tax; issuance, form and contents of license, Article I, In General, Chapter 19, License Tax Code, Section 19-25, Refund of tax when business discontinued, Article I, In General, Chapter 19, License Tax Code, Section 19-30, Taxpayer's records and audits, Article I, In General, Chapter 19, License Tax Code, Section 19-31, Commissioners records and reports, Article I, In General, Chapter 19, License Tax Code, Section 19.32.1, Appeals and rulings, Article I, In General, Chapter 19, License Tax Code, Section 20-33.1, Requirements; payment of tax a condition precedent to discharge of violations, Article II, Vehicle Licenses, Chapter 20, Motor Vehicles and Traffic, Section 20-33.2, Requirements for operation; payment of license tax a condition precedent to discharge of violations, Article II, Vehicle Licenses, Chapter 20, Motor Vehicles and Traffic, Section 20-89, Penalties for unlawful parking, Division 3, Duties of Police Officers; Penalties for Unlawful Parking, Article IV, Stopping Standing, and Parking, Chapter 20, Motor Vehicles and Traffic, Section 32-25, Duty to collect, Division 1, Generally, Article II, Real Estate Taxes Generally, Chapter 32, Taxation, Section 32-111, Duty to collect, Article III, Tax on Tangible Personal Property Generally, Chapter 32, Taxation, Section 33-22, Accounting for abatement costs, Article II, Weed and Trash Abatement, Chapter 33, Vegetation and Trash, Section 33-23, Notice to owner on abatement costs, Article II, Weed and Trash Abatement, Chapter 33, Vegetation and Trash, Code of the City of Roanoke (1979) as amended, are hereby amended and reordained to read and provide as follows: CHAPTER 2.ADMINISTRATION Article VIII. Finance Generally Sec. 2-178.2. - Deferred payment program. (c) The e • _• - • _ _ •• __ -_ _ • director of finance for the city shall bill the participants of this program on a monthly basis for the amounts charged to their deferred payment account. Within thirty (30) days of the ..... 235 date of such a bill, the participant shall pay the amount indicated on the bill to the city treasurer. Any amounts which have been billed but not paid within thirty (30) days shall be overdue. In addition to the interest assessed pursuant to section 2-178.1 of this chapter, a ten (10) percent late payment penalty shall be imposed on all overdue amounts. CHAPTER 4. AIRPORT Article I. In General Sec. 4-7. - Same—Parking violations. (c) Any vehicle that is parked in violation of this section shall have a notice of such violation attached to the vehicle or delivered to the owner or operator stating that such vehicle is parked in violation of a provision of this section. Every person receiving such notice may waive his right to appear and be • formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer during the regular working hours of the treasurers office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefor has been received by the city treasurer, regardless of whether such penalty is paid in person or is mailed. The city treasurer shall not be authorized to accept partial payment of penalties due. Penalties for parking violations shall be as follows: (1) A penalty of twenty dollars ($20.00) may be paid for a violation of section 4-7(a), if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be thirty-five dollars ($35.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's : • - - - _ _ __ -_ _ -_ director of finance to the violator. Any violator to whom such notice is sent may pay such penalty of thirty- five dollars ($35.00) within five (5) days of receipt of such notice. 236 AO (2) A penalty of one hundred twenty-five dollars ($125.00) may be paid for a violation of section 4-7(b) if paid within ten (10) days of the issuance by an officer of a notice of a violation thereof; if paid thereafter, the penalty shall be one hundred forty dollars ($140.00). If not paid within ten (10) days, a notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's a • __ _ 2"• _ • _ ._ _ director of finance to the violator. Any violator to whom such notice is sent may pay such penalty of one hundred forty dollars ($140.00) within five (5) days of receipt of such notice. CHAPTER 19. LICENSE TAX CODE Article I. In General Sec. 19-20. When application due; when tax payable; extensions; penalty and interest for late payment; report and collection of delinquencies. ^� (i) Promptly after December 31 of each y or, tho The city treasurer make and licence tax and the director of finance shall collect each unpaid license issuance fee and license tax, and any interest and penalty thereon. Sec. 19-22. - Assessment of tax; issuance, form and contents of license. Upon receipt of an application for a license in proper form, the commissioner, if satisfied of its correctness, shall compute and assess the tax prescribed by this chapter and issue a license to the applicant to prosecute the business, occupation, vocation, trade, pursuit, calling, profession or thing for which the license is required, as named in the application, unless it is such that a license can be granted only upon the certificate of a court, in which case the applicant, upon obtaining such certificate, shall be entitled to the license. The form of every license issuable by the commissioner shall be prescribed by the director of finance city treasurer. The application and statement under oath required by section 19-11 shall form a part of the license issued. 0 237 Sec. 19-25. - Refund of tax when business discontinued. (2) Written application by or on behalf of the licensee is made to the commissioner no later than the thirty-first day of January of the year next following the tax year for which any such licens was issued, on forms prescribed by the director of finance city treasurer, and Sec. 19-30. - Taxpayer's records and audits. (a) Every person who is assessable with a local license issuance fee and license tax shall keep sufficient records to enable the commissioner to verify the correctness of the tax paid for the license years assessable and to enable the commissioner to ascertain what is the correct amount of tax that was assessable for each of those years. These records shall include, but not be limited to, all invoices, records of all purchases and from whom made, records of all sales, records of all commissions, gross receipts, contracts and orders accepted and from whom received and with whom made, records of all sales, commissions, costs, receipts, contracts or orders accepted, and general books of account. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner, license inspector, and deputy license inspector, to ascertain what is the correct amount of the tax that was assessable for each of those years. All such records, books of accounts and other information shall be open to inspection and examination by the commissioner in order to allow the commissioner to establish whether a particular receipt is directly attributable to the taxable privilege exercised within the city. These records shall also be open to inspection and examination by the director of finance, city treasurer, and any officer of the city charged in any manner with the duty of collecting license taxes. Sec. 19-31. - Commissioner's records and reports. It shall be the duty of the commissioner to keep a record in which he shall classify all the branches of businesses and occupations upon which a license tax is imposed by this chapter, and show the amount of assessment made upon each license, the name of the person assessed and the period for which such license was issued. At the close of each month, he shall deliver to the city manager and the director of finance, and the city treasurer,a statement reporting the number of licenses issued and the amount of taxes paid under each classification, together with accumulative totals for the fiscal year ending Doco ,bor 3l June 30, comparative with the previous year. 238 Sec. 19-32.1. - Appeals and rulings. (d) On receipt of a notice of intent to file an appeal to the tax commissioner under subsection (c) of this section, the assessing official shall notify the treasurer and the director of finance of appeal. The treasurer and the director of financc shall suspend collection activity until a final determination is issued by the tax commissioner, unless the commissioner determines that collection would be jeopardized by delay or that the taxpayer has not responded to a request for relevant information after a reasonable time. Interest shall accrue in accordance with the provisions of section 19-20(g) of this chapter, but no further penalty shall be imposed while collection action is suspended. The term "jeopardized by delay" shall have the same meaning as set forth in subsection (b) above. CHAPTER 20. MOTOR VEHICLES AND LICENSES Article II. Vehicle Licenses Sec. 20-33.1. Requirements; payment of tax a condition precedent to discharge of violations. (e) If this penalty is not paid within fifteen (15) days of the issuance by an officer of a notice of violation, then a penalty of fifty-eight dollars ($58.00) shall apply. A late notice shall be sent by the pity's dopurtmont of bi ingc and-collections-city treasurer to the violator. Any violator to whom such late notice is sent may pay the penalty of fifty-eight dollars ($58.00) within fifteen (15) days of the date of such late notice. If the violator does not pay the penalty pursuant to such late notice, a law enforcement notice pursuant to § 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's department of billings and collections city treasurer to the violator. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required tax has been paid. The city treasurer shall be authorized to accept partial payment of the penalty due. 239 (g) city treasurer which shall certify such fact in writing in an appropriate form to the clerk of the general district court. Sec. 20-33.2.Requirements for operation; payment of license tax a condition precedent to discharge of violations. (e) If this penalty is not paid within fifteen (15) days of the issuance by an officer of a notice of violation, then a penalty of fifty-eight dollars ($58.00) shall apply. A late notice shall be sent by the city's department of billings and collections city treasurer to the violator. Any violator to whom such late notice is sent may pay the penalty of fifty-eight dollars ($58.00) within fifteen (15) days of the date of such late notice. If the violator does not pay the penalty pursuant to such late notice, a law enforcement notice pursuant to § 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's department of billings and collections city treasurer to the violator. The city treasurer shall not accept payment of this penalty except upon presentation of satisfactory evidence that the required license tax has been paid or a required decal has been obtained. The city treasurer shall be authorized to accept partial payment of the penalty due. (g) In the event the commissioner of revenue or the city treasurer is advised that any person desires to contest a violation of this section, the commissioner of revenue or the city treasurer shall transmit notice of such fact as soon as possible to the city's department of billings and collections city treasurer, which shall certify such fact in writing in an appropriate form, to the clerk of the general district court. Article IV. Stopping Standing, and Parking, Division 3. Duties of Police Officers; Penalties for Unlawful Parking, 240 Sec. 20-89. - Penalties for unlawful parking. (b) Written notice from a police officer or such other city employees that the city manager may designate, for violation of division 1 of this article and penalties. (2) If the applicable penalty listed in Column 2 is not paid within fifteen (15) days of the issuance by an officer, or such other city employees as the city manager may designate, of a notice of violation, then the applicable penalty listed in Column 3 shall apply. A late notice shall be sent by the city's e -e_ - •• -- e e" _ •e __ director of finance to the violator. Any violator to whom such late notice is sent may pay the applicable penalty listed in Column 3 above within fifteen (15) days of the date of such late notice. If the violator does not pay the penalty pursuant to such late notice and if the city elects to pursue enforcement of the unsettled parking violation notices through the courts, a law enforcement notice pursuant to § 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city's = --_ • •• -- - - "•e _ -_ __ -_ e - director of ••• finance to the violator. (d) In the event that the city treasurer is advised that any person desires to contest any parking citation, the city treasurer shall transmit notice of such fact as soon as possible to the city's e - -_ • •• - - ' ' director of finance, which shall certify such fact in writing, in an appropriate form, to the clerk of the general district court. CHAPTER 32. TAXATION Article II. Real Estate Taxes Generally, Division 1. Generally 241 Sec. 32-25. - Duty to collect. The treasurer shall be charged with the duty of collecting the taxes levied and imposed by this article. • - - • - • - - - - - • - • . - • Article III. Tax on Tangible Personal Property Generally, Sec. 32-111. - Duty to collect. The treasurer shall be charged with the duty of collecting the taxes levied and imposed by this article - • • • - _ _ _ ___ _ •- _ -_ • • _ CHAPTER 33. VEGETATION AND TRASH Article II. Weed and Trash Abatement Sec. 33-22. - Accounting for abatement costs. The city manager shall keep an account of the cost of abating public nuisances and embody such account in periodic reports with assessment lists which shall be transmitted to the city clerk and the manager—of billings—and—cellections director of finance at convenient intervals. The copy retained by the city clerk shall be available for public inspection. The reports shall refer to each parcel as to which public nuisance was abated by description sufficient to identify the parcel, and specify and include an additional administrative fee as specified in section 2-178.4 of this Code, to be assessed against the owner; the cost of abatement including but not limited to a minimum of two (2) hours labor as well as other reasonable charges for equipment; and interest authorized by this article. 242 Sec. 33-23. - Notice to owner on abatement costs. (c) The director of finance and the city treasurer, when in their his discretion it is just and proper to do so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. 2. This ordinance shall in full force and effect on and after July 1, 2013. 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC J Da . ow ers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39659-051313. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 13, 2013. WHEREAS, by letter of May 13, 2013, the City Manager has presented an update to the City's Five-Year Capital Improvement Program for Fiscal Years 2014 - 2018 in the recommended amount totaling $124,050,332.00; 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 243 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 2014 - 2018, and the related funding recommendations, as set out in the letter of the City Manager dated May 13, 2013. APPROVED ATTEST: W4in-Alfinn -inbtseJ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39660-051313. AN ORDINANCE to appropriate funding for the FY 2014-2018 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2013- 2014 General, Capital Projects, Department of Technology, Fleet Management and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013-2014 General, Capital Projects, Department of Technology, Fleet Management 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 01-440-4330-9027 $ 150,000.00 Miscellaneous 01-300-9410-2170 (150,000.00) Capital Proiects Fund Appropriations Appropriated from General Revenue 08-300-9552-9003 500,000.00 VDOT Match 08-300-9575-9210 195,100.00 Appropriated from General Revenue 08-300-9609-9003 100,000.00 Appropriated from General Revenue 08-300-9610-9003 100,000.00 244 Appropriated from General Revenue 08-300-9612-9003 100,000.00 Appropriated from General Revenue 08-300-9613-9003 100,000.00 Appropriated from General Revenue 08-530-9772-9003 327,000.00 Appropriated from General Revenue 08-530-9792-9003 246,000.00 Appropriated from General Revenue 08-300-9793-9003 50,000.00 Appropriated from General Revenue 08-530-9994-9003 333,500.00 Appropriated from General Revenue 08-610-9929-9003 89,000.00 Appropriated from General Revenue 08-620-9575-9003 500,000.00 Appropriated from General Revenue 08-620-9753-9003 200,000.00 Appropriated from General Revenue 08-620-9757-9003 100,000.00 Revenues EDA Contribution Agreement -Market Bldg 08-110-1234-0919 630,533.00 Transfer from General Fund 08-110-1234-1037 1,457,067.00 Reimbursement for RRFR project 08-110-1234-0909 853,000.00 Department of Technology Fund Appropriations Appropriated from General Revenue 13-430-9842-9003 $ 30,000.00 Appropriated from General Revenue 13-430-9987-9003 95,000.00 Revenues Transfer from General Fund 13-110-1234-0951 125,000.00 Fleet Management Fund •••• Appropriations Appropriated from One-Time Cash Funding 17-440-2642-9027 75,000.00 Revenues Transfer from General Fund 17-110-1234-0951 75,000.00 Grant Fund Appropriations Appropriated from One-Time Cash Funding 35-300-9700-9026 200,000.00 Revenues Local Match Funding for Grants 35-300-9700-5207 200,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTE T: rtTh Stephanie M. Moon, MMC L David A. Bowers City Clerk Mayor 245 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39661-051313. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Facade Grant Program project, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 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 $ 100,000.00 Fund Balance Economic and Community Development 08-3365 ( 100,000.00) Reserve — Unappropriated Pursuant 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 o Stephanie M. Moon, MMMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 13th day of May, 2013. No. 39662-051313. A RESOLUTION approving the 2013-2014 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. 246 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 15, 2012, and April 4, 2013, and at a City Council public hearing on April 25, 2013, by a 30-day public review and comment period beginning April 12, 2013, and ending May 13, 2013, 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 13, 2013, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Annual Update is hereby approved; and BE IT FURTHER RESOLVED that the City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 2013 - 2014 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 ti 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 13, 2013, to this Council. APPROVED ATTEST: � , Stephanie M. Moon, MMC l David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39663-052013. A RESOLUTION acknowledging and recognizing the Workforce Investment Act funding of $1,540,156.00 to be administered by the Westem Virginia Workforce Development Board for Program Year 2012. 247 WHEREAS, pursuant to the Workforce Investment Act (WIA), federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated May 20, 2013; WHEREAS, on February 28, 2013, the Western Virginia Workforce Development Board was designated as the fiscal agent for WIA funds and administers the federal funds provided by WIA for Area 3, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; WHEREAS, the WIA funding for Program Year 2012 (July 1, 2012 - June 30, 2014) in the amount of $1,540,156.00 will be allocated for certain programs as designated in the City Council Agenda Report dated May 20, 2013; and WHEREAS, the Western Virginia Workforce Development Board requires an acknowledgment and recognition of the WIA funding by the City in order for the Western Virginia Workforce Development Board to administer such funding. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board Workforce funding in the amount of $1,540,156.00 for Program Year 2012, from the Workforce Development Act, with no local match from the City, to be used during the period of July 1, 2012, through June 30, 2014, for the purpose of administering the Workforce Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in the City Council Agenda Report dated May 20, 2013. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding. 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. APPROVED ATTEST: Jonathan E. raft, CMC David wets City Clerk Mayor 248 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39664-052013. AN ORDINANCE authorizing the continuance of an existing encroachment caused by the property located at 215 10th Street, S. W., designated as Roanoke Tax Map No. 1111419, extending into a portion of the City's right-of-way of Rorer Avenue, S. W., upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Pursuant to Section 15.2-2011 of the Code of Virginia (1950) as amended, authorization is hereby granted to Samuel E. Perdue and Joyce M. Perdue, to permit the continuance of the existing encroachment from the property located at 215 10`h Street, S. W., designated as Roanoke Tax Map No. 1111419, caused by the existing retaining wall and chain link fencing on the Rorer Avenue entrance, encroaching into a portion of the City's public right-of-way of Rorer Avenue, S. W.. The width of the encroachment extends 4.4 feet into the City's right-of-way, and the length of the encroachment is 84 feet, as more particularly set forth in the City Council Agenda Report dated May 20, 2013. 2. It shall be agreed by the undersigned property owners that, in maintaining such encroachment, the property owners and their grantees, assignees, or successors in interest shall agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property that may arise by reason of the above-described encroachment. 3. The property owners, their grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the Office of the City Clerk evidence of insurance coverage in an amount not less than One Million dollars ($1,000,000.00) of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this ordinance to the owners of the property, Samuel E. Perdue and Joyce M. Perdue, 2010 Wayne Street, N. E., Roanoke, Virginia 24012. .r 249 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the property owners, has been admitted to record, at the cost of the property owners, in the Clerk's Office of the Circuit Court for the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk. If the property owners, their grantees, assigns or successors in interest, do not meet the complete requirements stated herein within ninety days from the date of this ordinance, maintain the required insurance for the duration of such encroachment, or the above referenced retaining wall or chain link fence are removed or destroyed, the authorization granted by this ordinance shall be of no further force and effect. In such event,or in the event this Ordinance is repealed by City Council, the property owners, their grantees, assigns or successors in interest, will be required to remove the retaining wall or chain link fence upon demand by the City at their sole expense. 6. The covenants and obligations contained in this Ordinance shall run with the land and are made binding on the property owners, their grantees, assigns or successors in interest. 7. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. The undersigned, the owners of 215 — 10'" Street, S. W., Roanoke, Virginia, and designated as Roanoke Tax Map No. 1111419, hereby acknowledges that they have read and understand the terms and conditions stated above and agree to comply with those provisions. Samuel E. Perdue Joyce M. Perdue 250 COMMONWEALTH OF VIRGINIA) To-wit: CITY OF ROANOKE I, a Notary Public in and for the State and City aforesaid, do certify that the foregoing instrument was acknowledged before me this day of , 2013, by Samuel E. Perdue and Joyce M. Perdue. My Commission expires: Notary Public Registration No. APPROVED ATTEST: •10C— iC2Cg Jonathan E. Craft, CMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39665-052013. A RESOLUTION of the Council of the City of Roanoke, Virginia, declaring its official intent to reimburse itself from the proceeds of one or more issues of tax-exempt General Obligation Public Improvement Bonds for expenditures made or to be made in connection with the renovations of the main library. Be it resolved by the Council of the City of Roanoke, Virginia, as follows: 1. In accordance with Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986, the City of Roanoke, Virginia (the "City"), hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of one or more issues of its tax-exempt General Obligation Public Improvement Bonds in a principal amount of not to exceed $500,000.00 for moneys appropriated by the Council of the City from time to time for expenditures in connection sun with the various Capital Improvement Projects of and for the City, including without limitations, the renovations of the main library (collectively, the "Project"). 251 2. The adoption of this resolution shall constitute the declaration of an "official intent" by the City within the meaning of such term as defined in Treasury Regulation Section 11'50-2. This official intent is being made not later than sixty (60) days after the payment of any expenditures contemplated by Section 1 of this resolution to be reimbursed from the proceeds of the tax-exempt bonds of the City. 3. The City Clerk is directed to file this resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, Title 2.2, Chapter 37, Section 2.2-3700 et seq. of the Code of Virginia, 1950. 4. This resolution shall be effective from and after the date of its adoption. APPROVED ATTEST: onathan E. Craft, CM C A. Bowers Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20`" day of May, 2013. No. 39666-052013. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Main Library First Floor Improvements 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 08-530-9975-9003 $ 500,000.00 Fund Balance Economic and Community Development 08-3365 (500,000.00) Reserve - Unappropriated 252 Pursuant 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. rC aft, CMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39667-052013. AN ORDINANCE to appropriate funding from the Federal governments grants for various educational programs, amending and reordaining certain sections of the 2012- 2013 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 2012-2013 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Speech-Language 302-234-0000-0350-164G-62240-1129-2-01 $ 1,858.00 Pathologist Pay Social Security 302-234-0000-0350-164G-62240-42201-2-01 142.00 Speech-Language 302-234-0000-0230-164G-62240-41129-3-01 929.00 Pathologist Pay Social Security 302-234-0000-0230-164G-62240-42201-3-01 71.00 Speech-Language 302-234-0000-0420-164G-62240-41129-2-01 929.00 Pathologist Pay Social Security 302-234-0000-0420-164G-62240-42201-2-01 71.00 Revenues Federal Grant 302-000-0000-0000-164G-00000-38027-0-00 4,000.00 Receipts 253 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: nathan E aCf ft, CMC . owers ity Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39668-052013. AN ORDINANCE to appropriate funding from the 2010 QSCB Bonds to the Morningside Building Improvement, amending and reordaining certain sections of the 2012 - 2013 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 2012-2013 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 31-065-6078-9303 4,683.00 Revenue QSCB-VPSA Energy Improvement Projects 31-065-6078-6100 4,683.00 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 "- onathan E. Craft, CMC David A. Bowers City Clerk Mayor • 254 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39669-052013. 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, Smith and Associates, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 2502 Broadway, S. W., bearing Official Tax No. 1160109, rezoned from Mixed Use (MX) to Commercial Neighborhood District, with a condition (CN(c)); 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 on May 14, 2013, has recommended to City Council that the application be granted; WHEREAS, a public hearing was held by City Council on such application at its meeting on May 20, 2013, 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. 1160109, located at 2502 Broadway, S. W., be and is hereby rezoned from Mixed Use (MX) to Commercial Neighborhood District, with a condition (CN(c)), as set forth in the Zoning Amended Application No. 1 dated April 22, 2013. 255 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: %nE.1ftMC y erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39670-052013. AN ORDINANCE authorizing the conveyance of an above ground and underground utility easement across City-owned property located at 3057 Colonial Avenue, S. W., designated as Tax Map No. 1380101, 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 May 20, 2013, pursuant to Section 15.2-1800 and Section 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 City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the necessary documents providing for the conveyance of an above ground and underground utility easement, approximately 15 feet in width and 243 feet in length, across City-owned property located at 3057 Colonial Avenue, S. W., designated as Tax Map No. 1380101, to Appalachian Power Company, to install new electrical service for the James Madison Middle School Food for Thought School Yard Project, as more particularly set forth in the City Council Agenda Report dated May 20, 2013. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 256 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: `' w Sill an E. Craft, CMC avid A. Bowers,�erk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39671-052013. An ORDINANCE authorizing the proper City officials to execute a contract to sell to Fifth & Church 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 May 20, 2013, 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 is authorized, on behalf of the City, to execute a contract to sell to Fifth & Church 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 May 20, 2013. Such contract is to be substantially similar to the one attached to such report, and in a form approved by the City Attorney. — 257 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 Fifth & Church 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. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: a QCIL Jonathan E. Craft, CMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of May, 2013. No. 39672-052013. AN ORDINANCE authorizing the proper City officials to execute a Sales Contract and the necessary documents between the City and Intercept Youth Services, Inc. ("Intercept"), to sell to Intercept approximately 6.928 acres of City-owned property, located in the Coyner Springs Road area of Botetourt County, designated as a portion of Botetourt County Official Tax No. 108(9)1A, commonly known as the former Crisis Intervention Center, upon certain terms and conditions; conveying to Intercept a 20 foot permanent, non-exclusive ingress/egress easement across the remaining portion of such City-owned property; 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, a public hearing was held on May 20, 2013, pursuant to Section 15.2-1800 and Section 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 as follows: 258 1. The City Manager is hereby authorized on behalf of the City to execute a Sales Contract, substantially similar to the Sales Contact attached to the City Council Agenda Report to this Council dated May 20, 2013, to sell to Intercept approximately 6.928 acres of City-owned property, located in the Coyner Springs Road area of Botetourt County, designated as a portion of Botetourt County Official Tax No. 108(9)1A, commonly known as the former Crisis Intervention Center. The purchase price to be paid by Intercept to the City is $420,000.00. The City Council further finds the sale of such property will be of economic benefit to the City and its citizens. 2. The City Manager is further authorized on behalf of the City to execute a 20 foot permanent, non-exclusive ingress/egress easement to Intercept across the remaining portion of such City-owned property to be retained by the City, to allow Intercept, its employees, business invitees, and others access to the property from Coyner Springs Road. 3. The City Manager is further authorized on behalf of the City 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 Easement, and to negotiate and execute any other agreements and documents relating to this matter. 0041 4. The form of the documents referred to above and in the City Council 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. 6. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: oQC 7 nathan E. C aft, CMC David A. Bowers City Clerk Mayor 259 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2013. No. 39673-060313. 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 $100,000.00, 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 Council Agenda Report dated June 3, 2013, 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. 3. The City Manager is further authorized to take any further actions, and to execute any further documents, approved as to form by the City Attorney, needed to implement, administer, and enforce the grant. APPROVED ATTEST: Stephanie Stephanie M. Moon, MMC Davi owers City Clerk Mayor 260 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2013. No. 39674-060313. 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 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 certain sections of the 2012 - 2013 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Youth Activities 35-620-5274-2157 $ 100,000.00 ^ Revenues Summer Food Program FY14 35-620-5274-5274 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:TE _ ,� Stephanie M. Moon, MMC David . Bowers City Clerk Mayor 261 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2013. No. 39675-060313. 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 2013 - 2014, 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 2013 - 2014 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 $652,384.00 were received by the Board from thirty-two (32) agencies (46 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 2013 - 2014; 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. City Council concurs in the recommendations of the Human Services Advisory Board as to the allocations for funding of various qualified agencies for Fiscal Year 2013 - 2014 as more particularly set forth in the City Council Agenda Report dated June 3, 2013, and the attachment to that report. 262 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: v Stephanie M. Moon, MMC Davi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3r° day of June, 2013. No. 39676-060313. AN ORDINANCE to transfer funding to specific Human Services Committee agencies, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 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 $(409,052.00) Bradley Free Clinic-Medical 01-630-5220-3721 10,000.00 League of Older Americans—Meals on 01-630-5220-3722 35,000.00 Wheels Bethany Hall-Residential Substance 01-630-5220-3728 5,000.00 Abuse Treatment Northwest Child Development Center 01-630-5220-3734 8,000.00 TRUST—Emergency and Transitional 01-630-5220-3740 5,000.00 Housing West End Center 01-630-5220-3745 25,000.00 Roanoke Adolescent Health Partnership 01-630-5220-3767 15,000.00 Greenvale School 01-630-5220-3780 15,000.00 •„•• Blue Ridge Independent Living Center 01-630-5220-3781 5,000.00 Mental Health Association of Roanoke 01-630-5220-3784 5,000.00 Valley 263 Planned Parenthood of the Blue Ridge 01-630-5220-3795 10,000.00 St. John's Community Youth Program 01-630-5220-3797 15,000.00 Presbyterian Community Center- 01-630-5220-3801 15,000.00 Pathways for Youth Children's Advocacy Center—Parent 01-630-5220-3915 10,000.00 Education Apple Ridge Farm 01-630-5220-3917 12,000.00 Children's Trust-Children's Advocacy 01-630-5220-3918 10,000.00 Center Family Service-ACTION 01-630-5220-3919 20,300.00 Family Service-Home Care 01-630-5220-3920 13,000.00 Family Service-Family & Individual 01-630-5220-3921 5,000.00 Counseling Family Service-Adults Plus 01-630-5220-3922 12,000.00 Blue Ridge Legal Services 01-630-5220-3923 21,052.00 Big Brothers/Big Sisters of SWVA 01-630-5220-3925 5,000.00 Goodwill Industries of the Valleys, Inc. 01-630-5220-3926 9,600.00 Roanoke Valley Interfaith Hospitality 01-630-5220-3927 6,500.00 Network • Salvation Army—Turning Point 01-630-5220-3929 17,000.00 CHIP-Family Strengthening Program 01-630-5220-3932 20,000.00 CHIP—Care Coordination Program 01-630-5220-3933 18,000.00 Council of Community Services— 01-630-5220-3940 12,000.00 Monitoring Services Bradley Free Clinic -Dental 01-630-5220-3958 10,000.00 CHIP—Mental Health Services 01-630-5220-3965 10,000.00 United Way of Roanoke Valley-Smart 01-630-5220-3972 19,600.00 Beginnings Blue Ridge Literacy 01-630-5220-3990 5,000.00 Council of Community Services—Blue 01-630-5220-3991 5,000.00 Ridge Community Assistance Network Pursuant 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�0l_ 4 y-�• r_ Stephanie M. Moon, MMC 1`J `� aw A. ower� City Clerk Mayor 264 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2013. No. 39677-060313. 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 2013 - 2014. WHEREAS, the Fiscal Year 2013 - 2014 budget approved by City Council for the Roanoke Arts Commission provides for funding in the amount of $269,220.00 including $2,020.00 which was set aside for the Arts Commission funding; 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 $380,150.00 were - received by the Committee from eighteen (18) 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 $269,220.00 to such agencies for Fiscal Year 2013 - 2014, subject to City Council approval. 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 $269,220.00 for various nonprofit agencies for Fiscal Year 2013 - 2014 and the Arts Commission, as more particularly set forth in the City Council Agenda Report dated June 3, 2013, to Council, and the attachment to that report. APPROVED ATTEST: Stephanie M. Moon, MMC avi A. owers City Clerk Mayor 265 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2013. No. 39678-060313. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 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) Local Colors 01-310-5221-2276 22,000.00 Center in the Square 01-310-5221-3706 7,700.00 Virginia Museum of Transportation 01-310-5221-3714 24,000.00 Roanoke Symphony Society 01-310-5221-3736 25,000.00 Mill Mountain Theatre 01-310-5221-3749 7,000.00 Opera Roanoke 01-310-5221-3762 21200.00 Science Museum of Western Virginia 01-310-5221-3774 21,000.00 Historical Society of Western Virginia 01-310-5221-3776 19,000.00 Roanoke Ballet Theatre 01-310-5221-3779 7,200.00 Southwest Virginia Ballet 01-310-5221-3794 7,000.00 Young Audiences of Virginia 01-310-5221-3802 5,000.00 Taubman Museum 01-310-5221-3910 29,000.00 Harrison Museum/African-American 01-310-5221-3913 24,000.00 Culture Jefferson Center Foundation LTD 01-310-5221-3944 26,000.00 Roanoke Arts Commission 01-310-5221-3961 2,020.00 Roanoke Valley Community Band 01-310-5221-3962 1,300.00 Community High School 01-310-5221-3972 5,000.00 Eleanor D. Wilson Museum 01-310-5221-3975 7,800.00 Roanoke Children's Theatre 01-310-5221-3984 8,000.00 266 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: \��f�� Stephanie MMC. Yl'�pz� _� David A. Bowers Clerk Il Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2013. No. 39679-060313. AN ORDINANCE to appropriate funding from the Federal Emergency Management Agency (FEMA) for reimbursement of derecho expenditures, 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 Contingency-Miscellaneous 01-300-9410-2170 $550,595.00 Revenues Derecho Emergency Management Reimbursement 01-110-1234-0737 550,595.00 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: ntj Stephanie �MC David A. Bowers City Clerk Mayor 267 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2013. No. 39681-060313. A RESOLUTION appointing Annette Lewis and Suzanne Moore, as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2013, and ending June 30, 2016. WHEREAS, pursuant to §9-24, Code of the City of Roanoke (1979), as amended, public hearings were held on April 15, 2013 and May 20, 2013, relating to the appointment of School Board Trustees; and WHEREAS, this Council is desirous of appointing Annette Lewis and Suzanne Moore, to fill the vacancies on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: . 1. Annette Lewis and Suzanne Moore, are hereby appointed as School Board Trustees on the Roanoke City School Board for terms commencing July 1, 2013, and ending June 30, 2016. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk of Roanoke City School Board, and to Annette Lewis and Suzanne Moore. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 268 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of June, 2013. No. 39682-060313. A RESOLUTION appointing William B. Hopkins, Jr., as School Board Trustee on the Roanoke City School Board to fill the unexpired term of David B Carson, commencing June 13, 2013, and ending June 30, 2014. WHEREAS, David B. Carson, was appointed to a judgeship in the Twenty-Third Judicial Circuit of Virginia and is unable to complete his term as the School Board Trustee of the Roanoke City School Board; WHEREAS, pursuant to §9-24, Code of the City of Roanoke (1979), as amended, a public hearing was held May 20, 2013, relating to the appointment of School Board Trustees; and WHEREAS, this Council is desirous of appointing William B. Hopkins, Jr., to fill the unexpired term as School Board Trustee on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. William B. Hopkins, Jr., is hereby appointed as School Board Trustee on the Roanoke City School Board to fill an unexpired term commencing June 13, 2013, and ending June 30, 2014. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk of Roanoke City School Board, and to William B. Hopkins, Jr. APPROVED ATTEST: m� V r ° a � • 1 � J v WuM�n�� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 269 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2013. No. 39683-061713. A RESOLUTION recognizing City of Roanoke Fire-EMS Deputy Chief Ralph Tartaglia. WHEREAS, Deputy Chief Ralph Tartaglia was hired as a firefighter for the City of Roanoke on January 5, 1976; promoted to Lieutenant on November 18, 1982; and promoted to the rank of Captain on November 15, 1985; WHEREAS, Deputy Chief Tartaglia became an Emergency Medical Technician when the Roanoke Fire Department and Emergency Medical Services merged in 1995; and was promoted to Battalion Chief on April 23, 1999; WHEREAS, Deputy Chief Tartaglia was promoted to Assistant Chief by retired Roanoke Fire-EMS Chief Jim Grigsby on January 7, 2003; and was then promoted to Deputy Chief of Operations on May 8, 2007; and WHEREAS, Deputy Chief Tartaglia has taken numerous National Fire Academy Courses, completed his Career Studies Certificate for Firefighting and Prevention, has been team leader on several FEMA deployments to Louisiana and Florida and has received numerous letters of commendation from citizens, colleagues and businesses along with many thank you letters and kudos over the course of his 37 year career, and has always demonstrated remarkable teamwork, dedication, character, and passion for the City of Roanoke, its Citizens and the members of the Roanoke Fire-EMS Department. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 270 The Council adopts this Resolution to congratulate Deputy Chief Ralph Tartaglia on his retirement from the City of Roanoke Fire EMS Department, to recognize his extraordinary commitment to Roanoke, and to thank Deputy Chief Ralph Tartaglia for his years of dedicated service to the people of Roanoke; and instructs the City Clerk to forward an attested copy of this Resolution to Deputy Chief Tartaglia. APPROVED ATTEST: 1. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2013. No. 39684-061713. A RESOLUTION acknowledging and recognizing the Workforce Investment Act funding of $249,993.00 to be administered by the Western Virginia Workforce Development Board for the award period of February 1, 2013 — June 30, 2014, and the Workforce Investment Act Incentive Award of $1,500.00 to be administered by the Western Virginia Workforce Development Board for the award period of July 1, 2012 — June 30, 2013. WHEREAS, pursuant to the Workforce Investment Act (WIA), federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated June 17, 2013; WHEREAS, on February 28, 2013, the Western Virginia Workforce Development Board was designated as the fiscal agent for WIA funds and administers the federal funds provided by WIA for Area 3, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; WHEREAS, the WIA funding for award period February 1, 2013 - June 30, 2014 in the amount of $249,993.00 will be allocated for certain programs as designated in the City Council Agenda Report dated June 17, 2013; 271 WHEREAS, WIA funding for the WIA Incentive Award for outstanding .. . performance for the award period July 1, 2012 - June 30, 2013 in the amount of $1,500.00 will be allocated for certain WIA programs as designated in the City Council Agenda Report dated June 17, 2013; and WHEREAS, the Western Virginia Workforce Development Board requires an acknowledgment and recognition of the WIA funding by the City in order for the Western Virginia Workforce Development Board to administer such funding. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board Workforce funding in the amount of $249,993.00 from the Workforce Development Act, with no local match from the City, to be used during the award period of February 1, 2013, through June 30, 2014, for the purpose of administering the Workforce Investment Act (WIA) Programs for certain WIA client populations, as more particularly set out in the City Council Agenda Report dated June 17, 2013. _ 2. Further, Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board Workforce Incentive Award from the Virginia Community College System in the amount of $1,500.00 for outstanding performance for the award period of July 1, 2012, through June 30, 2013, to be used for WIA programs. 3. The City Manager is directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding. 4. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. APPROVED ATTEST: tt i baja-r-, . rho � 7l. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 272 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, I The 17th day of June, 2013. No. 39685-061713. A RESOLUTION authorizing acceptance of a donation of vehicles awarded the Roanoke City Police Department by the United States Marshals Service, and authorizing execution of any and all necessary documents to accept the funds. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Marshals Service the donation of a new 2014 Ford Taurus, valued at $26,669.05, and a new 2014 Chrysler Grand Caravan, valued at $26,533.82, making a total donation of vehicles in the amount of$53,202.87, with no matching funds required from the City, to the Roanoke City Police Department to be used by the Warrant Service Unit. This funding is more particularly described in the City Council Agenda Report dated June 17, 2013. 2. Further, the City Manager is hereby authorized on behalf of the City to accept from the United States Marshals Service the sum of $10,000.00 to be awarded to the Roanoke City Police Department to purchase emergency equipment and radios for the aforementioned donated vehicles. 3. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents required to accept such donations. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 273 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2013. No. 39686-061713. AN ORDINANCE to appropriate funding from the United States Marshals Service for the U.S. Marshals Capital Area Regional Fugitive Task Force (CARFTF), 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) 35-640-3668-2035 $ 10,000.00 Revenues US Marshals Automotive Grant FY13 35-640-3668-3668 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 17th day of June, 2013. No. 39687-061713. AN ORDINANCE to increase the Roanoke City Public Schools transfer and Contingency expenditures, and Real Estate and Sales Tax 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. 274 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 Transfer to Schools 01-250-9310-9530 820,000.00 Contingency 01-300-9410-2199 284,000.00 Revenues Real Estate Tax 01-110-1234-0101 611,000.00 Sales Tax 01-110-1234-0201 493,000.00 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 17th day of June, 2013. No. 39688-061713. AN ORDINANCE to increase Police Off-Duty Earnings expenditure 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: 275 Appropriations Off-Duty Earnings - Police Administration 01-640-3111-1015 12,000.00 Off-Duty Earnings - Police Patrol 01-640-3113-1015 39,600.00 Off-Duty Earnings- Police Training 01-640-3115-1015 4,200.00 Revenues Off-Duty Billings - Police 01-110-1234-1298 55,800.00 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 17th day of June, 2013. No. 39689-061713. 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 amend the Mixed Use Planned Unit Development Plan, as it pertains to 3209 Southwood Manor Court., S. W., bearing Official Tax Map No. 1290107; and dispensing with the second reading by title of this ordinance. WHEREAS, HomeTown Bank, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the Mixed Use Planned Unit Development Plan, to permit construction of two single-family dwelling units instead of one single- family dwelling unit as previously permitted by the Mixed Use Planned Unit Development Plan, Ordinance No. 38318-121508, adopted by City Council on December 15, 2008, as it pertains to the parcel bearing Official Tax Map No. 1290107; 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 at its meeting on June 11, 2013, on the matter, has made its recommendation to City Council; 276 WHEREAS, a public hearing was held by City Council on such application at its meeting on June 17, 2013, 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 amendment of the Mixed Use Planned Unit Development Plan, for the property described as Official Tax Map No. 1290107; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, requires the amendment of the Mixed Use Planned Unit Development Plan, as it pertains to the parcel bearing Official Tax Map No. 1290107, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Mixed Use Planned Unit Development Plan, as it pertains to the parcel bearing Official Tax Map No. 1290107, as set forth in the Amended Application No. 1, dated May 2, 2013. 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 17`" day of June, 2013. No. 39690-061713. 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. 277 WHEREAS, Gary L. Deane has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 803 Patterson Avenue, S. W., bearing Official Tax No.1112219, rezoned from Mixed Use District (MX) to Downtown District(D); 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 17, 2013, 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. 1112219, located at 803 Patterson Avenue, S. W., be and is hereby rezoned from Mixed Use District (MX) to Downtown District (D), as set forth in the Zoning Application No. 1 dated April 24, 2013. 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 278 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2013. No. 39691-061713. 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, Mincon, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 619 Centre Avenue, N. W., bearing Official Tax Map No. 2112216, and four unaddressed lots on Centre Avenue, N. W., bearing Official Tax Map Nos. 2112213, 2112214, 2112215, and 2112217 rezoned from Residential Mixed Density District (RM-1) and Light Industrial District (I-1), to Urban Flex District (UF), with a 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 June 17, 2013, 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. 2112216, located at 619 Centre Avenue, N. W., and four unaddressed lots on Centre Avenue, N. W., bearing Official Tax Map Nos. 2112213, 2112214, 2112215, and 2112217, be and are hereby rezoned from Residential Mixed Density District (RM-1) and Light Industrial District (I-1), -� to Urban Flex District (UF), with a condition, as set forth in the Zoning Amended Application No. 1 dated May 30, 2013. 279 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 MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2013. No. 39692-061713. 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, Charles and Jennifer Basham 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 June 17, 2013, 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. 280 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke, Virginia, that the public right-of-way situated in the City of Roanoke, Virginia, and more - particularly described as follows: a dead-end cul-de-sac on 6 '/z Street, S. E., adjoining property located at 661 and 663 Morrill Avenue, S. E., bearing Official Tax Map Nos. 4141409 and 4141530 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 IF FURTHER ORDAINED that closure of the subject right-of-way shall be r subject to the condition that the applicant 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 within the right-of- way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. ^� 281 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: CegAktmk Stephanie M. Moon, MMC �, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17`"day of June, 2013. No. 39693-061713. A RESOLUTION authorizing the issuance of not to exceed fifteen million dollars ($15,000,000.00) 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. • 282 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 $15,000,000.00 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: 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 $15,000,000.00 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. 283 (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 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. (Hi) 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. 284 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 . a. 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 •••411 are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4.(a)The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. The principal of the Bonds shall be payable upon presentation and surrender hereof at the office of the Registrar. Interest on the Bonds shall be payable by check mailed by the Registrar to the • . 285 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. (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. 286 (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. 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. 287 SECTION 7 The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $15,000,000.00 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 $3,000,000.00 Public Libraries 2,800,000.00 Parks and Recreation 1,000,000.00 Bridge Renovation Projects 1,800,000.00 Stormwater Management Projects 1,120,000.00 Civic Center Improvements 1,000,000.00 Curbs, Gutter and Sidewalk Improvements 750,000.00 Streetscape Improvements 500,000.00 Rail Passenger Infrastructure Improvements 600,000.00 Roanoke Police Academy Expansion Project 250,000.00 Broadband Improvement Project 1,000,000.00 Total $13,820,000.00 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 and distribute, or to cause to be prepared and distributed, via electronic dissemination or otherwise, a Preliminary Official Statement and an Official Notice of Sale relating to the Bonds. In preparing the Official 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 • 288 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 .a 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. (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". 289 (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; 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 290 provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of . Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 11. The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986. SECTION 12. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED REGISTERED No. R-_ $ MATURITY INTEREST DATE: RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS 291 • THE CITY OF ROANOKE, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter(each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable upon presentation and surrender hereof, at the office of 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. 292 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 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 The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _ which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of$5,000) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at 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 293 this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided • for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the 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. 294 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: - 295 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: Stephanie M. Moon, MMC David A. Bowers • City Clerk Mayor 296 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of June, 2013. No. 39694-061713. AN ORDINANCE to appropriate funding to be provided by the issuance of general obligation Bonds to the Civic Center Building Upgrades, Broadband Infrastructure, City-wide Curb/Gutter/Sidewalk FY14, Passenger Rail Infrastructure, Franklin Road over Norfolk Southern Rail Way - Bridge Replacement, Main Library 1st Floor Improvements, Parks & Rec Master Plan - Phase II, Neighborhood Storm Drains, Streetscape Improvements, Roanoke Police Academy Expansion, Virginia Heights Improvement & Expansion, and Round Hill'Expansion — Phase I projects, and to appropriate funds from the Main Library 1st Floor Improvements to be placed back into the Economic and Community Development Reserve, amending and reordaining certain sections of the 2012 - 2013 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 2012 - 2013 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 2014 Bond Funds 05-550-8681-9360 $1,000,000.00 Civic Center Upgrades 05-550-9506-9340 ( 1,000,000.00) Capital Projects Fund Appropriations Appropriated from 2014 Bond Funds 08-310-9692-9360 1,000,000.00 Broadband Infrastructure 08-530-9535-9346 ( 1,000,000.00) Appropriated from General Revenue 08-530-9775-9003 ( 500,000.00) Appropriated from 2014 Bond Funds 08-530-9775-9360 750,000.00 City-wide Curb, Gutter, Sidewalk FY14 08-530-9535-9361 ( 750,000.00) Appropriated from 2014 Bond Funds 08-530-9963-9360 600,000.00 Passenger Rail Infrastructure 08-530-9535-9362 ( 600,000.00) Appropriated from 2014 Bond Funds 08-530-9965-9360 1,800,000.00 Franklin Rd over NSRW — Bridge 08-530-9535-9342 ( 1,800,000.00) Replacement Appropriated from 2014 Bond Funds 08-530-9975-9360 2,800,000.00 Main Library 1st Floor Improvements 08-530-9535-9343 ( 2,800,000.00) Appropriated from 2014 Bond Funds 08-620-9770-9360 1,000,000.00 Parks & Rec Master Plan - Phase II 08-530-9535-9344 ( 1,000,000.00) 297 Appropriated from 2014 Bond Funds 08-530-9734-9360 1,120,000.00 Neighborhood Storm Drain Projects 08-530-9535-9337 (1,120,000.00) . Appropriated from 2014 Bond Funds 08-530-9777-9360 500,000.00 Streetscape Improvements 08-530-9535-9363 (500,000.00) Appropriated from 2014 Bond Funds 08-530-9998-9360 250,000.00 Roanoke Police Academy Expansion 08-530-9535-9345 (250,000.00) Fund Balance Economic and Community Development Reserve - Unappropriated 08-3365 500,000.00 School Capital Projects Fund Appropriations Appropriated from 2014 Bond Funds 31-065-6036-9360 2,400,000.00 Virginia Heights Improv & Expand 31-060-9506-9366 (2,400,000.00) Appropriated from 2014 Bond Funds 31-065-6037-9360 600,000.00 Round Hill Exp — Phase I 31-060-9506-9367 (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 298 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15' day of July, 2013. No. 39695-070113. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2013, and terminating June 30, 2014. 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, 2013, and terminating June 30, 2014. 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. • 299 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 5, 2013, which shall be held at Virginia Western Community College, 3094 Colonial Avenue, Roanoke, Virginia at 9:00 a.m., in the Natural Science Building Conference Room. 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 7. 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 O David A. Bowers~` City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1s`day of July, 2013. No. 39696-070113. A RESOLUTION authorizing the acceptance of an Employment 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 departments of social services (DSS) in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. 300 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Employment Advancement for Temporary Assistance to Needy Families Participants grant from the Virginia Department of Social Services, in the amount of $312,887, for the period commencing July 1, 2013, through June 30, 2014, for the purpose of maintaining and improving existing services to eligible TANF recipients by the provider agencies which comprise the Southwest Virginia Regional Employment Coalition, for services provided to the local departments of social services in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County, as set forth in the City Council Agenda Report dated July 1, 2013, 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2013. No. 39697-070113. AN ORDINANCE to appropriate funding from the Federal Government through the Commonwealth of Virginia Department of Social Services for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2013 - 2014 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 301 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-8865-2010 $312,887.00 Revenues SWVA Regional Employment Coalition FY14 35-630-8865-8865 312,887.00 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 1st day of July, 2013. No. 39698-070113. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with AECOM USA, Inc., for additional professional services for the third year of the City's Transportation Structures Inspection Program (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 Amendments to the above mentioned Contract, as well as the Contract itself. BE IT RESOLVED by the Council of the City of Roanoke that: 302 • 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute additional Amendments as may be necessary to the City's Contract with AECOM USA, Inc., for additional professional services for the third year of the City's Transportation Structures Inspection Program (2011 - 2013), which includes providing some repair design services, all as more fully set forth in the City Council Agenda Report dated July 1, 2013. 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 $92,975.00.00, which includes an 'Amendment No. 2 for$87,975.00, all as set forth in the above Agenda 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 Amendments to the above mentioned Contracts, as well as each of the Contracts. APPROVED ifTa: • cuw�^ Stephanie MM�MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2013. No. 39699-070113. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with Mattern & Craig, Inc., for additional professional services for the third year of the City's Transportation Structures Inspection Program (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 Amendments to the above mentioned Contract, as well as the Contract itself. 303 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 additional Amendments as may be necessary to the City's Contract with Mattern & Craig, Inc., for additional professional services for the third year of the City's Transportation Structures Inspection Program (2011 - 2013), which includes providing some repair design services, all as more fully set forth in the City Council Agenda Report dated July 1, 2013. 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 all such Amendments will not exceed an additional $99,203.28, which includes an Amendment No. 2 for $94,203.28, all as set forth in the above Agenda 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 Amendments to the above mentioned Contracts, as well as each of the Contracts. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2013. No. 39700-070113. A RESOLUTION authorizing the City Manager to execute a Temporary Right-of- Entry Agreement between Norfolk Southern Railway Company ("Norfolk Southern") and the City of Roanoke ("City") in connection with the Roanoke River "Bridge the Gap" Greenway from Bridge Street to Salem Project ("Project"), upon certain terms and conditions; and authorizing the City Manager to take such further actions and execute further documents as needed to obtain access to the Norfolk Southern Property. 304 WHEREAS, City staff is in the process of procuring engineering design and construction administration services for the Project and will be working with an engineering consultant ("Consultant") to be hired by the City for work relating to a survey for the design of the Project; WHEREAS, a portion of the land targeted for construction of the Project is owned by Norfolk Southern ("Property"); WHEREAS, the City is seeking access to the Norfolk Southern Property to perform topographic survey studies by the City's Consultant; WHEREAS, Norfolk Southern requires the City to execute a Temporary Right-of- Entry Agreement, substantially similar to the Temporary Right-of-Entry Agreement document attached to the City Council Agenda Report dated July 1, 2013, before Norfolk Southern will grant the City access to such Property; WHEREAS, such Temporary Right-of-Entry Agreement contains an indemnity provision from the City to Norfolk Southern and may also require the City to obtain special insurance required by the Temporary Right-of-Entry Agreement; and WHEREAS, City staff recommends Council approve entering into such . Temporary Right-of-Entry Agreement so the Project may proceed. THEREFORE, BE IT RESOLVED 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 a the Temporary Right-of-Entry Agreement with Norfolk Southern, substantially similar to the one attached to the above mentioned Agenda Report, which contains an indemnity provision from the City to Norfolk Southern, to the extent permitted by law. Such Temporary Right-of-Entry Agreement will permit access by the City to certain Property owned by Norfolk Southern in connection with the Project, all as more fully set forth in the Agenda Report dated July 1, 2013, with such document to be approved as to form by the City Attorney. 305 2. Authorize the City Manager to take such further actions and execute any additional documents, approved as to form by the City Attorney, as may be needed to implement, administer, and enforce such Temporary Right-of-Entry Agreement, including obtaining any required insurance coverages, and/or to obtain permission to access the Norfolk Southern Property for this Project. APPROVED Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of July, 2013. No. 39701-070113. 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 306 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 362, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 307 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39702-071513. AN ORDINANCE increasing and establishing the annual salaries of the Mayor, Vice-Mayor and Council members for fiscal year beginning July 1, 2014; and providing for an effective date. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The annual salaries of the Mayor, Vice-Mayor and Council members shall be increased by ten percent (10%) for the fiscal year beginning July 1, 2014 and ending June 30, 2015, to the following annual amounts: Mayor $22,000.00 Vice-Mayor $18,216.00 Council Members $17,116.00 These annual salaries shall apply for succeeding fiscal years unless subsequently modified by ordinance duly adopted by Council. 2. The provisions of this ordinance shall be in full force and effect on and after July 1, 2014 and shall be first paid with the paycheck of July 2, 2014. APPROVED ATTEST: AEsteLe-1\f-Y1 ` Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 308 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39703-071513. 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 $100,616.00 from the Compensation Board of the Commonwealth of Virginia through June 30, 2014, with a local match for Fiscal Year 2013 - 2014 of $37,346.00, making the total funding in the amount of $137,962.00, as more particularly described in the City Council Agenda Report dated July 15, 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 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: Stephanie M. Moon, MMC 1 David A. Bowers City Clerk Mayor 309 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39704-071513. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35-150-4508-1002 $ 88,104.00 City Retirement 35-150-4508-1105 15,964.00 FICA 35-150-4508-1120 6,740.00 Medical Insurance 35-150-4508-1125 11,892.00 Dental Insurance 35-150-4508-1126 684.00 Life Insurance 35-150-4508-1130 1,048.00 Disability Insurance 35-150-4508-1131 286.00 Telephone 35-150-4508-2020 750.00 Administrative Supplies 35-150-4508-2030 994.00 Training and Development 35-150-4508-2044 2,500.00 Other Rental 35-150-4508-3075 9,000.00 Revenues Regional Drug Prosecutor FY14-Comp Board 35-150-4508-4508 100,616.00 Regional Drug Prosecutor FY14-Local Match 35-150-4508-4509 37,346.00 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 310 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39705-071513. A RESOLUTION authorizing acceptance of additional funding for the FY2013 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 FY2013 Fire Programs Funds Grant in the amount of $17,354.00, with no local match required, to be used to purchase equipment and wearing apparel for the Fire Department, such additional funding being more particularly described in the City Council Agenda Report dated July 15, 2013. 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: eJ 01 ? you J W :57.0~ ^-- Stephanie M. Moon, MMC II David A. Bowers City Clerk Mayor 311 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39706-071513. AN ORDINANCE appropriating additional funding from the Commonwealth of Virginia Department of Fire Programs for the FY13 Fire Programs Fund Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000.00 35-520-3342-2035 8,677.00 Wearing Apparel 35-520-3342-2064 8,677.00 Revenues Fire Program FY13 35-520-3342-3342 17,354.00 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 David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39707-071513. 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. 312 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 $86,950.00, with a local match of $86,950.00, making the total funding in the amount of $173,900.00, to be used to purchase a heart monitor, computer software, a stretcher, and other safety equipment consistent with the grant, as more particularly described in the City Council Agenda Report dated July 15, 2013. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents to accept the grant, in a form approved by.the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the Citys acceptance of this grant. APPROVED ATTEST: D Stephanie M. Moon, MMC i �� David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39708-071513. 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 2013 - 2014 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 313 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 35-520-3711-9015 173,900.00 Revenues RSAF Equipment FY14 — State 35-520-3711-3711 86,950.00 RSAF Equipment FY14 — Local 35-520-3711-3712 86,950.00 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 D David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39709-071513. A RESOLUTION accepting the Juvenile Justice and Delinquency Prevention Title II grant made to the City in collaboration with Carillon Medical Center, dba Cadlion 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 $23,612.00, with no local match from the City, for the term beginning July 1, 2013, through June 30, 2014, to be expended on the City of Roanoke's Project Back on Track, an evidence based treatment program 314 designed in collaboration with the Carillon Clinic Department of Psychiatry and Behavioral Medicine, 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 July 15, 2013. 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 Carillon Medical Center, d/b/a Carilion Clinic, to implement the program. All such documents shall be approved as to form by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39710-071513. 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 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 315 Appropriations Fees for Professional Services 35-630-5015-2010 $ 23,612.00 Revenues Project Back on Track Grant FY14 35-630-5015-5015 23,612.00 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 15th day of July, 2013. No. 39711-071513. AN ORDINANCE to adopt an amendment to the 2013 - 2014 School Board Categorical Budget, amending and reordaining certain sections of the School General Fund and School Food Service Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 School General Fund and School Food Service Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Revenues $ 2,443,570.00 Appropriations 91,000.00 Fund Balance - Unappropriated 2,325,570.00 School Food Service Fund Appropriations 936,905.00 Fund Balance - Unappropriated (936,905.00) 316 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST:TE : \ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15`h day of July, 2013. No. 39712-071513. A RESOLUTION in support of full-time staffing of Port of Entry#1412. Whereas, the interconnection between freight transportation and economic development is a vital concern of the City of Roanoke; Whereas, Port of Entry #1412, located at the New River Airport in Pulaski County, Virginia, serves the surrounding area which includes the entire Roanoke Valley; Whereas, having a staffed and functional Port of Entry is a critical component of regional freight transportation logistics and supply chains and the regional economy; Whereas, there is no other U. S. Customs and Border Protection facility within two hours of the Roanoke Valley; Whereas, Port of Entry #1412 serves a region covering 25 counties and 11 cities in Central, Western, Southwestern, and Southside Virginia; and Whereas, the U. S. Customs and Border Protection support to the international community has a significant impact on freight and logistics supply chains, as well as on the local economy and requires equal international access as found throughout the United States. 317 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby supports full-time staffing of Port of Entry #1412 and requests that the U. S. Customs and Border Protection appoint a full-time staff person to Port of Entry#1412 that will allow for continued smooth functioning of the freight transportation system and future international development and commerce for the entire region. 2. The City Clerk is directed to provide attested copies of this Resolution to the U.S. Custom and Border Protection, and to the offices of the Honorable Mark Warner, United States Senator, the Honorable Timothy Kaine, United States Senator, the Honorable Robert Goodlatte, Member of Congress, and the Honorable Morgan Griffith, Member of Congress. APPROVED ATTEST: y� �� \ ' 10V Stephanie M. Moon, MMC 1 David . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39713-071513. AN ORDINANCE permanently vacating, discontinuing and closing a certain public right-of-way in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, the City of Roanoke filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §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; 318 WHEREAS, a public hearing was held on such application by City Council on July 15, 2013, 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 approximately 896 square foot portion of the right-of-way of Church Avenue, S. E., along its southern boundary and Luck Avenue, S. E. along its eastern boundary adjacent to Official Tax Map No. 4015004 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. 319 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the City of Roanoke, Virginia, as Grantee, the City of Roanoke being the only Grantee in this matter, 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 320 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39714-071513. 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 conditions presently binding upon certain property conditionally zoned Mixed Use District, conditional (MX(c)); and dispensing with the • second reading by title of this ordinance. WHEREAS, the School Board for the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend certain conditions presently binding upon a tract of land located at 401 Gilmer Avenue, N. W., being designated as Official Tax No. 2011424, which property is zoned Mixed Use District, conditional (MX(c)), with proffers, such proffers being accepted by the adoption of Ordinance No. 38164-072108, adopted July 21, 2008; WHEREAS, the City Planning Commission, after giving property 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 fr Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on July 15, 2013, 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 mailers presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the proffers applicable to the subject property, and is of the opinion that the conditions now binding upon a tract of land located at 401 Gilmer Avenue, N. W., being designated as Official Tax No. 2011424, should be amended as requested, and that such property be zoned Mixed Use District, conditional (MX(c)), with proffers as set forth in the Zoning Amendment Application dated June 6, 2013. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: ■ 321 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the proffered conditions as amended by the Zoning Amendment Application dated June 6, 2013, so that the subject property is zoned Mixed Use District, conditional (MX(c)), with such proffers. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of July, 2013. No. 39715-071513. AN ORDINANCE approving and adopting the City of Roanoke Parks and Recreation Update to the 2007 Master Plan dated July 9, 2013, as a component of Vision 2001-2020, the City's Comprehensive Plan; and dispensing with the second reading by title of this ordinance. WHEREAS, on July 9, 2013, the City of Roanoke Parks and Recreation Update to the 2007 Master Plan dated July 9, 2013 (the "Plan"), was presented to the Planning Commission; WHEREAS, the Planning Commission held a public hearing on that date and recommended amendment of the Parks and Recreation Comprehensive Master Plan Update, Investing in the Community's Vision, dated June, 2007, and amendment of Vision 2001-2020, the City's Comprehensive Plan, to include the proposed 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 July 15, 2013, 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. 322 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That this Council hereby approves the City of Roanoke Parks and Recreation Update to the 2007 Master Plan dated July 9, 2013, as an amendment to Parks and Recreation Comprehensive Master Plan Update, Investing in the Community's Vision, dated June, 2007. 2. That this Council hereby amends Vision 2001-2020, the City's Comprehensive Plan, to include the City of Roanoke Parks and Recreation Update to the 2007 Master Plan dated July 9, 2013, as an element thereof. 3. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 4. Pursuant to the provisions of §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 • 323 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39716-080513. 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 2013 - 2014, such grant being more particularly described in the report to Council dated August 5, 2013. 2. The local cash match for Fiscal Year 2013 - 2014 shall be in the amount of $35,140.00. 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: yy�y,, I Stephanie NI. Moon, MMC David A. Bowers City Clerk Mayor 324 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39717-080513. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35-150-4556-1002 $ 102,430.00 City Retirement 35-150-4556-1105 11,579.00 .� ICMA Retirement 35-150-4556-1115 3,524.00 401 Health Savings 35-150-4556-1117 632.00 FICA 35-150-4556-1120 7,884.00 Medical Insurance 35-150-4556-1125 17,838.00 Dental Insurance 35-150-4556-1126 1,026.00 Life Insurance 35-150-4556-1130 1,226.00 Disability Insurance 35-150-4556-1131 289.00 Telephone 35-150-4556-2020 812.00 Administrative Supplies 35-150-4556-2030 1,046.00 Dues and Memberships 35-150-4556-2042 75.00 Training and Development 35-150-4556-2044 2,338.00 Postage 35-150-4556-2160 1,860.00 Revenues Victim Witness FY14-State 35-150-4556-4556 117,419.00 Victim Witness FY14-Local Match 35-150-4556-4557 35,140.00.00 325 Pursuant 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 5th day of August, 2013. No. 38718-080513. A RESOLUTION authorizing acceptance of the Edward Byrne Justice Assistance Grant 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: 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 $56,250.00, with a $18,750.00 local match from the City required, making a total award of $75,000.00, for the term beginning July 1, 2013, through June 30, 2014, to be used to support the Roanoke City Police Department's Drug Market Initiative in the Hurt Park and Melrose neighborhoods, as more particularly described in the City Council Agenda Report dated August 5, 2013. 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. 326 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: _ }n l Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39719-080513. 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 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime 35-640-3588-1003 $51,092.00 RCA 35-640-3588-1120 3,908.00 Administrative Supplies 35-640-3588-2030 250.00 Expendable Equipment (< $5,000.00) 35-640-3588-2035 15,000.00 Program Activities 35-640-3588-2066 3,500.00 Printing 35-640-3588-2075 1,000.00 Postage 35-640-3588-2160 250.00 Revenues Byrne JAG Drug Market Initiative FY14 35-640-3588-3588 56,250.00 Byrne JAG Drug Market Initiative FY14 - Local 35-640-3588-3589 18,750.00 327 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Afrit—PatZt—Arn- 010 NO Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39720-080513. 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 $6,075.00, and an additional local payment of $1,400.00 to fund the 2% employee pay raise and the 1% contribution to the employees' retirement health savings account, for a total amount of $56,223.00, for the term beginning July 1, 2013 through June 30, 2014, to be used for an Intensive Supervision Juvenile Probation Program, an evidence based treatment program designed to reduce recidivism of non-violent offenders and improve the outcomes of youth in aftercare and reentry into the community. Such Grant is more particularly described in the City Council Agenda Report dated August 5, 2013. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents necessary to accept this Grant, in a form approved by the City Attorney. 328 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 5th day of August, 2013. No. 39721-080513. 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 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Wages 35-630-4994-1002 $37,845.00 Retirement 35-630-4994-1105 6,926.00 401 Health Savings 35-630-4994-1117 379.00 FICA 35-630-4994-1120 2,924.00 Health Insurance 35-630-4994-1125 5,664.00 Dental Insurance 35-630-4994-1126 331.00 Life Insurance 35-630-4994-1130 455.00 Disability Insurance 35-630-4994-1131 107.00 Cellular Telephone 35-630-4994-2021 600.00 —� Administrative Supplies 35-630-4994-2030 443.00 Local Mileage 35-630-4994-2046 549.00 329 Revenues Intensive Supervision Grant FY14- State 35-630-4994-4994 48,748.00 Intensive Supervision Grant FY14- Local 35-630-4994-4995 7,475.00 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: lk�.° Stephanie M. Moon, MM 9 Davi A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39722-080513. 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, 2013, through June 30, 2014, 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 5, 2013. 330 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. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, -� The 59" day of August, 2013. No. 39723-080513. 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 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-5026-2010 $ 65,000.00 Revenues Positive Action Grant FY14 35-630-5026-5026 65,000.00 331 Pursuant 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 g David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39724-080513. A RESOLUTION authorizing the acceptance of a FY 2014 Urban and Community Forestry Grant to fund a part-time Urban Forestry Planner to work under the Urban Forester; and coordinate the Roanoke Tree Steward Program 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 2014 Urban and Community Forestry Grant in the amount of $14,240.00, with a $13,148.00 local match from the City, 50 hours of in kind staff time by the temporary Forestry Supervisor, and 700 hours of in-kind volunteer work by the Roanoke Tree Stewards, for total Grant amount of $27,388.00 to fund an update the Roanoke Big Tree Register, complete an Emerald Ash Borer Preparedness Plan, work on the Commemorative Tree Program, and coordinate the Roanoke Tree Steward Program and other projects, as more particularly set forth in the City Council Agenda Report dated August 5, 2013. 332 2. The City Manager is hereby authorized to execute, and the City Clerk is authorized to attest, agreements with the Virginia Department of Forestry, and any other documents necessary to accept such grant, including the Memorandum of Understanding attached to the City Council Agenda Report dated August 5, 2013, 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 this grant. APPROVED ATTEST: 6trrJ Stephanie M. Moon, MMC v Davi er City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, --. The 5'h day of August, 2013. No. 39725-080513. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 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 ($12,450.00) Transfer to Grant Fund 01-250-9310-9535 12,450.00 Grant Fund Appropriations Regular Employee Salaries 35-620-4374-1002 19,063.00 City Retirement 35-620-4374-1105 3,445.00 401 Health Savings Match 35-620-4374-1117 191.00 FICA 35-620-4374-1120 1,458.00 333 Medical Insurance 35-620-4374-1125 2,832.00 Dental Insurance 35-620-4374-1126 172.00 Life Insurance 35-620-4374-1130 227.00 Revenues Urban & Community Forestry 35-620-4374-4374 14,240.00 Grant FY14 Urban & Community Forestry 35-620-4374-4375 13,148.00 Grant FY14 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 5th day of August, 2013. No. 39726-080513. A RESOLUTION accepting a Local Government Challenge Grant to the City from the Virginia Commission for the Arts; approving and confirming the application process for such Grant; authorizing the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Local Government Challenge Grant offered by the Virginia Commission for the Arts in the amount of $5,000.00, upon certain 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 City Council Agenda Report dated August 5, 2013. 334 2. City Council hereby approves and confirms the application process for the above Local Government Challenge Grant and authorizes the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement, with such documents to be approved as to form by the City Attorney. 3. The City Manager is 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, as allowed by the terms and conditions of the Grant, with any such documents being 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 5th day of August, 2013. No. 39727-080513. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Roanoke Ballet Theatre 35-410-8748-3779 $ 1,650.00 Jefferson Center Foundation 35-410-8748-3944 1,700.00 Roanoke Children's Theatre 35-410-8748-3984 1,650.00 Revenues Local Challenge Grant FY14 35-410-8748-8748 5,000.00 335 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: yy� Stephanie M. Moon, MMC Davi . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39728-080513. A RESOLUTION accepting the Fiscal Year 2013 - 2014 funds for the Community Development Block Grant and HOME Investment Partnerships 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 2013 - 2014 Community Development Block Grant in the amount of $1,578,101.00 and HOME Investment Partnerships Program funds in the amount of$474,954.00 are hereby ACCEPTED. 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 August 5, 2013, to this Council. 336 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 2013 - 2014 Annual Update to the 2010 - 2015 Consolidated Plan ("Annual Update") approved by Council by Resolution No. 39662-051313, 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 August 5, 2013, to this Council. APPROVED ATTEST: Stephanie M. �� /()ice M Davi owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 51h day of August, 2013. No. 39729-080513. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), and HOME Investment Partnerships Program, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME Reserve Rehabilitation Project Funds 35-090-5375-5527 $(2,000.00) HOME Hurt Park TAP Home Ownership Project 35-090-5375-5530 (74,669.00) HOME Unprogrammed Funds 35-090-5380-5482 (156,047.00) HOME Reserve Rehabilitation Project Funds 35-090-5380-5527 (133,835.00) 337 HOME Unprogrammed CHDO Funds 35-090-5380-5572 (99,833.00) HOME Unprogrammed Funds 35-090-5385-5617 (65,635.00) HOME Program Admin-Regular Employee Wages 35-090-5387-1002 24,888.00 HOME Program Admin-City Retirement 35-090-5387-1105 3,922.00 HOME Program Admin-401 Health Savings 35-090-5387-1117 251.00 HOME Program Admin-FICA 35-090-5387-1120 1,923.00 HOME Program Admin-Medical Insurance 35-090-5387-1125 3,175.00 HOME Program Admin-Dental Insurance 35-090-5387-1126 199.00 HOME Program Admin-Life Insurance 35-090-5387-1130 299.00 HOME Program Admin-Disability Insurance 35-090-5387-1131 7.00 HOME Program Admin - Fees for Professional Svcs 35-090-5387-2010 5,000.00 HOME Program Admin-Advertising 35-090-5387-2015 300.00 HOME Program Admin-Administrative Supplies 35-090-5387-2030 300.00 HOME Program Admin-Memberships 35-090-5387-2042 500.00 HOME Program Admin-Training and Development 35-090-5387-2044 3,000.00 HOME Program Admin-Records Management 35-090-5387-2082 157.00 HOME Program Admin-Postage 35-090-5387-2160 200.00 HOME Program Admin-DoT Billings 35-090-5387-7005 1,000.00 HOME West End New Homeownership Habitat-Del 35-090-5387-5607 100,000.00 HOME West End New Homeownership Habitat-Proj 35-090-5387-5614 400,000.00 HOME West End Single Family Rehab CHP-Project 35-090-5387-5632 291,200.00 HOME West End Single Family Rehab CHP-Delivery 35-090-5387-5633 72,800.00 HOME Down Payment Assistance Program 35-090-5388-5399 209,133.00 Affordable Home Rehab Program 35-G09-0920-5523 (662.00) Community Improvement Program 35-G10-1020-5397 (14,137.00) Emergency Home Repair-TAP 35-G10-1020-5470 (692.00) Hurt Park Rehab TAP—Project 35-G10-1020-5534 (48,830.00) Hurt Park Rehab TAP—Delivery 35-G10-1020-5535 (1,123.00) Historic Sites Survey 35-G10-1021-5544 (11,274.00) Loudon-Melrose Mini Grant 35-G10-1037-5245 (785.00) 338 . NDG—Southeast Action Forum 35-G10-1037-5515 (1,999.00) NDG—Nazarene Neighborhood 35-G10-1037-5545 (383.00) Emergency Home Repair-Support 35-G11-1119-5483 (301.00) Hurt Park TAP Homeownership-Project 35-G11-1119-5530 (25,000.00) Hurt Park TAP Rehab-Project 35-G11-1119-5534 (76,293.00) Hurt Park TAP Rehab-Delivery 35-G11-1119-5535 (23,265.00) RRHA Hurt Park Property Acquisition- Project 35-G11-1119-5580 (3,937.00) Fair Housing Study 35-G11-1121-5284 (514.00) Neighborhood Development Grants 35-G11-1137-5028 (2,198.00) NDG—Wasena Neighborhood 35-G11-1137-5476 (375.00) NDG—Mountain View Neighborhood Association 35-G11-1137-5567 (1,731.00) Children's' Trust 35-G11-1138-5569 (3,681.00) Emergency Home Repair-TAP 35-G12-1219-5470 (19,793.00) Emergency Home Repair-Support 35-G12-1219-5483 (7,069.00) RRHA Hurt Park Property Acquisition- Project 35-G12-1219-5580 (25,449.00) RRHA New Target Property Acquisition- Project 35-G12-1219-5582 (11,943.00) RRHA New Target Property Acquisition- Delivery 35-G12-1219-5583 (12,000.00) Empowering Individuals with Disabilities- Project 35-G14-1419-5057 84,948.00 Demolition 35-G14-1419-5108 75,000.00 Emergency Home Repair-TAP-Project 35-G14-1419-5470 37,200.00 Emergency Home Repair-TAP-Delivery 35-G14-1419-5483 9,300.00 World Changers-Project 35-G14-1419-5486 60,000.00 World Changers-Delivery 35-G14-1419-5498 15,000.00 Empowering Individuals with Disabilities- Delivery 35-G14-1419-5585 21,237.00 West End New Homeownership-Habitat- Delivery 35-G14-1419-5607 54,480.00 West End Property Acquisition-RRHA- Project 35-G14-1419-5608 125,000.00 West End Owner Occupied Rehab-RTR- Project 35-G14-1419-5610 70,400.00 West End Owner Occupied Rehab-RTR- Delivery 35-G14-1419-5611 17,600.00 •• 339 West End Housing Preservation-TAP- Project 35-G14-1419-5612 40,000.00 West End Housing Preservation-TAP- Delivery 35-G14-1419-5613 10,000.00 West End New Home Ownership-Habitat- Project 35-G14-1419-5614 217,920.00 West End Residential Façade Program 35-G14-1419-5619 149,700.00 West End Rental Rehab-Project 35-G14-1419-5628 112,000.00 West End Rental Rehab - Delivery 35-G14-1419-5629 28,000.00 West End Energy Efficient Rehab-CHP Project 35-G14-1419-5630 58,000.00 West End Energy Efficient Rehab-CHP Delivery 35-G14-1419-5631 14,500.00 West End Single Family Rehab—CHP Project 35-G14-1419-5632 75,000.00 HUD Admin-Regular Employee Wages 35-G14-1422-1002 197,538.00 HUD Admin-City Retirement 35-G14-1422-1105 31,127.00 HUD Admin-401 Health Savings 35-G14-1422-1117 1,995.00 HUD Admin-FICA 35-G14-1422-1120 15,264.00 HUD Admin-Medical Insurance 35-G14-1422-1125 17,993.00 HUD Admin-Dental Insurance 35-G14-1422-1126 1,456.00 HUD Admin-Life Insurance 35-G14-1422-1130 2,374.00 HUD Admin-Disability Insurance 35-G14-1422-1131 56.00 HUD Admin-Fees for Professional Services 35-G14-1422-2010 53,642.00 HUD Admin-Advertising 35-G14-1422-2015 2,500.00 HUD Admin-Telephone 35-G14-1422-2020 1,100.00 HUD Admin-Administrative Supplies 35-G14-1422-2030 2,500.00 HUD Admin-Expendable Equipment (<$5,000.00) 35-G14-1422-2035 5,000.00 HUD Admin-Memberships 35-G14-1422-2042 1,500.00 HUD Admin-Training and Development 35-G14-1422-2044 12,000.00 HUD Admin-Local Mileage 35-G14-1422-2046 150.00 HUD Admin-Printing 35-G14-1422-2075 500.00 HUD Admin-Records Management 35-G14-1422-2082 800.00 HUD Admin-Postage 35-G14-1422-2160 750.00 HUD Admin-Xerox Lease 35-G14-1422-3045 1, 250.00 HUD Admin-Neighborhood Planning Activities 35-G14-1422-5634 18,000.00 HUD Admin-Council of Community 35-G14-1422-5635 5,000.00 340 Services Planning HUD Admin-DoT Billings 35-G14-1422-7005 3,144.00 HUD Admin-Risk Management 35-G14-1422-7017 500.00 Code Enforcement-Regular Employee Wages 35-G14-1423-1002 69,417.00 Code Enforcement-City Retirement 35-G14-1423-1105 12,670.00 Code Enforcement-401 Health Savings 35-G14-1423-1117 701.00 Code Enforcement-FICA 35-G14-1423-1120 5,364.00 Code Enforcement-Medical Insurance 35-G14-1423-1125 10,108.00 Code Enforcement-Dental Insurance 35-G14-1423-1126 698.00 Code Enforcement-Life Insurance 35-G14-1423-1130 173.00 Code Enforcement-Administrative Supplies 35-G14-1423-2030 869.00 Energy Efficiency Home Rehab- Project Funds 35-G14-1424-5527 75,000.00 Economic Development-West End Service Center 35-G14-1430-5606 150,000.00 Human Resources-Apple Ridge Farms 35-G14-1438-5084 26,250.00 Human Resources-BISSWVA Case Management 35-G14-1438-5508 29,000.00 Human Resources-TAP African American Studies 35-G14-1438-5554 24,000.00 Human Resources-Children's Trust 35-G14-1438-5569 27,000.00 Human Resources-Home Stabilization 35-G14-1438-5604 85,729.00 Community Based Prevention Svcs—Reg Emp Wages 35-G14-1443-1002 67,607.00 Community Based Prevention Svcs— City Retirement 35-G14-1443-1105 12,374.00 Community Based Prevention Svcs-401 Health 35-G14-1443-1117 683.00 Community Based Prevention Svcs—FICA 35-G14-1443-1120 5,224.00 Community Based Prevention Svcs— Medical Insure 35-G14-1443-1125 11,328.00 Community Based Prevention Svcs—Dental Insurance 35-G14-1443-1126 660.00 Community Based Prevention Svcs-Life Insurance 35-G14-1443-1130 813.00 Community Based Prevention Svcs— Disability Insure 35-G14-1443-1131 191.00 Community Based Prevention Svcs— Telephone (Cell) 35-G14-1443-2021 800.00 Community Based Prevention Svcs—Local Mileage 35-G14-1443-2046 1,387.00 " 341 Community Based Prevention Svcs—Other Rent 35-G14-1443-3075 3,600.00 NDG-Melrose/Rugby Neighborhood Forum Improve 35-G14-1444-5278 4,730.00 NDG-Belmont- Solar Trash Compactors 35-G14-1444-5636 1,403.00 NDG-Belmont- Alley Lighting 35-G14-1444-5637 5,000.00 NDG-Old Southwest- Custom Bicycle Racks 35-G14-1444-5638 1,215.00 NDG-Old Southwest- Bus Shelter 35-G14-1444-5639 4,267.00 NDG-Southeast Action Forum-Bicycle Signs 35-G14-1444-5640 2,850.00 West End Infrastructure Improvements 35-G14-1444-5641 75,000.00 Revenues HOME Entitlement 10-11 35-090-5375-5375 (76,669.00) HOME Entitlement 11-12 35-090-5380-5380 (389,715.00) HOME Entitlement 12-13 35-090-5385-5385 (65,635.00) HOME Entitlement 13-14 35-090-5387-5387 1,006,973.00 HOME Program Income 13-14 35-090-5387-5388 25,000.00 HOME Prior Year Excess Program Income 35-090-5387-5389 86,281.00 CDBG Entitlement 08-09 35-G09-0900-2901 (662.00) CDBG Entitlement 09-10 35-G10-1000-3001 (79,223.00) CDBG Entitlement 10-11 35-G11-1100-3101 (137,295.00) CDBG Entitlement 11-12 35-G12-1200-3201 (76,254.00) CDBG Entitlement 13-14 35-G14-1400-3401 1,871,535.00 CDBG Other Program Income RRHA 13- 14 35-G14-1400-3402 5,000.00 CDBG Lease Payment- Cooper Industries 13-14 35-G14-1400-3403 13,333.00 CDBG Hotel Roanoke Section 108 Repayment 13-14 35-G14-1400-3404 472,167.00 CDBG Rental Rehab Repayment 13-14 35-G14-1400-3405 500.00 CDBG Home Ownership Assistance 13-14 35-G14-1400-3406 5,000.00 342 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 'itr-k- m. Stephanie M. Moon, MMC David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39730-080513. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds (Revenue Sharing Funds) to _ the City in the total amount of $5,438,451.00, to be allocated among five Projects; accepting the VDOT award of Federal Aid Regional Surface Transportation Program (RSTP) Funds in the amount of $2,863,800.00 for the Roanoke River Greenway Project; authorizing the City Manager to execute a VDOT Programmatic Project Administration Agreement for the Revenue Sharing Funds for the Projects set forth below, which will require the City to provide matching funds of $5,438,451.00; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement for Federal - Aid Projects for the RSTP Funds, which do not require any City matching funds, for the work on the Roanoke River Greenway Project; and authorizing the City Manager to take certain other actions in connection with the above matters and Projects. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award of Revenue Sharing Funds in the total amount of $5,438,451.00 to be provided by VDOT for the FY14 time period for the five Projects set forth in paragraph 3 below, with the City providing local matching funds in the total amount of $5,438,451.00, with such funds to be allocated among the five Projects referred to below, all as more fully set forth in the City Council Agenda Report dated August 5, 2013, to this Council. 343 2. The City of Roanoke hereby accepts the VDOT RSTP Funds in the total amount of $2,863,800.00 to be provided by VDOT for the Roanoke River Greenway Connection Project as further set forth in the above mentioned City Council Agenda Report, and which funds do not require any City matching funds. 3. The allocations for the five Projects referred to above together with the amount of such VDOT Revenue Sharing Funds to be provided and the City matching funds to be provided, together with the RSTP Funds, are as follows: A. Franklin Road Bridge over Norfolk Southern Railway Bridge Replacement. VDOT Revenue Sharing Program Funds - $1,800,000.00 City Matching Funds - $1,800,000.00 B. City-Wide Paving Program. (Resurfacing) VDOT Revenue Sharing Program Funds - $1,168,451.00 City Matching Funds - $1,168,451.00 C. City-Wide Storm Drain Improvements. VDOT Revenue Sharing Program Funds - $1,120,000.00 City Matching Funds - $1,120,000.00 D. City-Wide Curb, Gutter, and Sidewalk. (New Construction) VDOT Revenue Sharing Program Funds - $750,000.00 City Matching Funds- $750,000.00 E. Roanoke River Greenway Connection between Roanoke and Salem City. This is for the City's Bridge the Gap section of the Roanoke River Greenway.) VDOT Revenue Sharing Program Funds- $600,000.00 City Matching Funds - $600,000.00 VDOT RSTP Funds $2,863,800.00 (Of the City Matching Funds of $600,000.00, a total of $400,000.00 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). 344 4. The City Manager is hereby authorized to execute a VDOT Standard Programmatic Project Administration Agreement for Revenue Sharing Projects substantially similar to the one attached to the above mentioned Agenda Report to this Council for the above four Projects listed as A, B, C, and Din connection with the VDOT Revenue Sharing Funds, together with the required City matching funds mentioned above. Such Agreement shall be approved as to form by the City Attorney. 5. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement- Federal — Aid Projects substantially similar to the one attached to the above mentioned Agenda Report for the Roanoke Greenway Connection Project between Roanoke and Salem, listed as E above, which funds include $600,000.00 in VDOT Revenue Sharing Funds, $600,000.00 in City matching funds, and $2,863,800.00 in VDOT RSTP Funds, which do not require City matching funds, all as further set forth in such Agenda Report. Such Agreement shall be approved as to form by the City Attorney. 6. 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 the above Revenue Sharing Funds in the total amount of $5,438,451.00 from VDOT, together with $5,438,451.00 in City matching funds, for the above mentioned four Projects, with any such documents to be approved as to form by the City Attorney. 7. 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 the above RSTP Funds in the amount of $2,863,800.00 for the Roanoke River Greenway Connection Project between Roanoke and Salem, which funds do not require any City matching funds, 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 345 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39731-080513. A RESOLUTION accepting donations of funds from the Roanoke Valley Greenway Commission and the Pathfinders for Greenways, Inc., in the total amount of $400,000.00 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 $600,000.00 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$600,000.00; 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 $400,000.00 toward the $600,000.00 needed for the City's matching funds for the Project. The donation amounts consist of $100,258.84 from the Roanoke Valley Greenway Commission and $299,741.16 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 $400,000.00 from the Roanoke Valley Greenway Commission and Pathfinders for Greenways, Inc., as noted in the City Council Agenda Report dated August 5, 2013, to this Council. 346 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 above mentioned 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5'h day of August, 2013. No. 39732-080513. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation Revenue Sharing Program, Federal-Aid Regional Surface Transportation Program, Roanoke Valley Greenways Commission, and Pathfinders for Greenways, Inc. to the Capital Street Paving, Neighborhood Storm Drains, City-Wide Curb, Gutter, Sidewalk FY14, Franklin Rd Over NSRW Bridge Replacement, and Roanoke River Greenway-Bridge the Gap projects, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: -1 347 Capital Projects Fund Appropriations Appropriated from State Grant Funds 08-530-9504-9007 1,168,451.00 Appropriated from State Grant Funds 08-530-9734-9007 1,120,000.00 Appropriated from State Grant Funds 08-530-9775-9007 750,000.00 Appropriated from State Grant Funds 08-530-9965-9007 1,800,000.00 Appropriated from State Grant Funds 08-620-9201-9002 2,863,800.00 Appropriated from General Revenue 08-620-9201-9003 200,000.00 Appropriated from Federal Grant Funds 08-620-9201-9007 600,000.00 Appropriated from General Revenue 08-620-9753-9003 ( 200,000.00) Revenues VDOT—Capital Street Paving 08-530-9504-9504 1,168,451.00 VDOT—City-Wide Storm Drain 08-530-9734-9734 1,120,000.00 Improvement VDOT—City-Wide Curb, Gutter, Sidewalk 08-530-9775-9775 750,000.00 VDOT—Franklin Rd over NSRW Bridge 08-530-9965-9965 1,800,000.00 Repl Regional Surface Transportation Funds 08-620-9201-9205 2,863,800.00 VDOT—Rke River Greenway-Bridge the 08-620-9201-9204 600,000.00 Gap Grant Fund Appropriations Construction - Other 35-620-4368-9065 $ 400,000.00 Revenues Pathfinders for Greenways FY13 35-620-4368-4368 299,741.00 Roanoke Valley Greenway Commission 35-620-4368-4369 100,259.00 FY13 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �Ai TTT Stephanie M. Moon, MMC David . Bowers City Clerk Mayor 348 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39733-080513. A RESOLUTION accepting Safe Accountable Flexible Efficient Transportation Equity Act — A Legacy for Users (SAFETEA-LU) Highway Safety Improvement Program (HSIP) funds from the Virginia Department of Transportation (VDOT) for the Orange Avenue and Blue Hills Drive/Mexico Way Intersection Improvement Project; authorizing the City Manager to execute a Revised Appendix A document in connection with such additional funds; and authorizing the City Manager to take certain other actions in connection with such funds and such Project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts VDOT's additional award of SAFETEA-LU HSIP Program Funds in the amount of $136,000.00, all as more fully set forth in the City Council Agenda Report dated August 5, 2013. �y 2. The City Manager is authorized to execute a VDOT Revised Appendix A, UPC: 95178, for the Orange Avenue and Blue Hills Drive/Mexico Way Intersection Improvement Project, which shall be substantially similar to the Revised Appendix A attached to the above mentioned City Council Agenda Report, and which shall be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such additional SAFETEA-LU HSIP Program funds in the amount of $136,000.00, together with the original Project appropriation funds of $300,000.00, for the above referenced Project, and which may also include additional funds from the City as the City Manager deems appropriate, all as further set forth in the above mentioned City Council Agenda Report, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. MoomMMC " Da A. owers ^� City Clerk Mayor 349 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39734-080513. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation to the Intersection Site Distance Improvement — Orange Avenue/Blue Hills Drive project, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 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 08-530-9719-9007 $136,000.00 Revenues VDOT — Intersection Site Distance 136,000.00 Improvement 08-530-9719-9719 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: AtJ m. I�oa, ,, Stephanie M. Moon, MMC ( David A. Bowers City Clerk Mayor 350 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39735-080513. A RESOLUTION authorizing acceptance of a donation of two 12" LED display battery powered Radar Signs, along with the software and equipment, to the Roanoke City Police Department by Berglund Chevrolet Inc., dba Berglund Chevrolet Buick, and authorizing execution of any and all necessary documents to accept the donation. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from Berglund Chevrolet Inc., dba Berglund Chevrolet Buick, the donation of two 12" LED display battery powered Radar Signs, along with the software and equipment, valued at $7,270.00, with no matching funds required by the City, to be used to alert motorists to their speed and to track motorist speed trends on the roadways. This donation is more particularly described in the City Council Agenda Report dated August 5, 2013. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents required to accept such donation. AD documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: 'Stephanie M. Moon, MMCI D` — avidX owers City Clerk Mayor 351 • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39736-080513. A RESOLUTION approving a Public Art Action Plan for FY 2014. BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves the Public Art Action Plan for FY 2014 as outlined in the City Council Agenda Report dated August 5, 2013, as a part of the City's Public Art Policy. APPROVED ATTEST: y 700,J Stephanie M. Moon, MMC David owners City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013 No. 39737-080513. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with SFCS, Inc. (SFCS) for additional professional architectural and engineering services for the Renovation to the First Floor and Terrace of the Main Library Project; and authorizing the City Manager to take certain other actions in connection with such Project. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to issue and execute such additional Amendments as may be necessary to the City's Contract with SFSC, in an amount not to exceed an additional $153,000.00 for additional professional architectural and engineering services for the Renovation to the First Floor and Terrace of the Main Library Project, all as more fully set forth in the City Council Agenda Report dated August 5, 2013. 352 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments shall provide authorization for additions to the work, with an increase in the amount of the Contract, and provided that the total amount of such Amendments will not exceed an additional $153,000.00, including an Amendment for additional architectural and engineering services referred to in the above mentioned City Council Agenda Report in an amount of $128,000.00, all as set forth in the above mentioned City Council Agenda Report. 4. The City Manager is authorized to take such actions and to execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract with SFCS, as well as the Contract itself. APPROVED ATTEST: ottrJ Stephanie M. Moon, MMC a Davi wers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39738-080513. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Main Library First Floor Improvements project, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: •-1 353 Appropriations Appropriated from General Revenue 08-530-9975-9003 $ 650,000.00 Fund Balance Economic and Community Development 08-3365 (650,000.00) Reserve-Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Atz. iC-LAit> hi. yY' tom) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of August, 2013. No. 39739-080513. AN ORDINANCE authorizing the Treasurer of the City of Roanoke to execute a Joint Exercise of Powers Agreement between the City of Chesapeake and the City of Roanoke for creation of the VACoNML Virginia Investment Pool and to establish a Trust, Trusts, or equivalent arrangements for the purpose of investing moneys determined to derive most benefit from this investment strategy, belonging to or within the City's control, other than Sinking Funds, in certain authorized investments in accordance with Section 2.2-4501 of the Code of Virginia, 1950, as amended; authorizing the Treasurer of the City of Roanoke to execute any and all documents necessary; and dispensing with the second reading of this ordinance by title. WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which are necessary to carry out the functions of government; 354 WHEREAS, Section 2.2-4501 of the Virginia Code provides that all municipal corporations and other political subdivisions may invest any and all moneys belonging to them or within their control, other than sinking funds, in certain authorized investments; WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; WHEREAS, any two or more political subdivisions may enter into agreements with one another for joint action pursuant to the provisions of Section 15.2-1300 of the Virginia Code provided that the participating political subdivisions shall approve such agreement before the agreement may enter into force; WHEREAS, Evelyn W. Powers, the duly elected Treasurer of the City of Roanoke, has the authority and responsibility under Virginia law to determine the manner in which City funds under her control will be invested; and WHEREAS, the City of Chesapeake, Virginia, and the City of Roanoke, Virginia, have determined to jointly establish and participate in the VACoNML Virginia Investment Pool (the "VIP Trust Fund") for each such city. NOW, THEREFORE, be it ordained by the City Council of the City of Roanoke, Virginia: 1. That the City Council of the City of Roanoke does hereby establish a trust pursuant to Section 2.2-4501 of the Virginia Code for the purpose of investing moneys determined to derive most benefit from this investment strategy, belonging to it or within its control, other than sinking funds, in certain authorized investments, in the form set forth in the VACoNML Virginia Investment Pool Trust Fund Agreement (the "Agreement"), in a form approved by the City Attorney and substantially the same form as that attached to the City Council Agenda Report dated August 5, 2013 as Exhibit "A." 2. That the City Council of the City of Roanoke does hereby agree to become a "Participating Political Subdivision" in the "VACoNML Virginia Investment Pool" (hereinafter, the "VIP Trust Fund"), as further defined in the Agreement. 355 3. That the City Council of the City of Roanoke does hereby designate its Treasurer, Evelyn W. Powers, to serve as the trustee of the City of Roanoke with respect to the VIP Trust Fund and to determine what funds under the Treasurer's control shall be invested in the VIP Trust Fund. 4. That the City Council of the City of Roanoke does hereby authorize the Treasurer, Evelyn W. Powers, to execute and deliver the Trust Joinder Agreement for Participating Political Subdivisions under VACoNML Virginia Investment Pool ("Trust Joinder Agreement), in a form approved by the City Attorney and substantially the same form as that attached to the City Council Agenda Report dated August 5, 2013 as Exhibit "B". 5. This ordinance shall be in force and effect upon passage of this ordinance and the passage of a similar ordinance by the City Council for the City of Chesapeake, Virginia, approving its participation in the Trust Fund as a Participating Political Subdivision and such other events as are required under the definition of "Effective Date" in the Agreement. 6. That the Treasurer, Evelyn W. Powers, will present a report to the City Council when the VIP Trust Fund's investment policy is drafted. 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: gtti,_ in. 00),) Stephanie M. Moon, MMC avid A. Bowers City Clerk Mayor 356 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2013. No. 39740-081913. A RESOLUTION authorizing acceptance of the Homeless Solutions Grant Program by the Virginia Department of Housing and Community Development; authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; and authorizing the City Manager to execute any documentation required to accept the grant on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke ("City) hereby accepts the Homeless Solutions Grant from the Virginia Department of Housing and Community Development in the amount of $144,347.00, with a local and/or private in-kind and cash match in the amount of $144,347.00 to be provided by the City and the provider agencies consisting of Community Housing Resource Center, Family Promise of Greater Roanoke, Trust House, and Total Action for Progress, such proceeds to be used during the term of the grant beginning July 1, 2013, and ending June 30, 2014, all as more particularly set forth in the City Council Agenda Report dated August 19, 2013. The grant will be used by the City and the provider agencies to assist eligible households experiencing homelessness to obtain and maintain housing stability, upon the terms as more particularly set forth in the above referenced City Council Agenda Report. 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 eligible households as more particularly set forth in the above referenced City Council Agenda Report. 3. 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. 357 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 19`" day of August, 2013. No. 39741-081913. 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 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Temporary Employee Wages 35-630-5401-1004 $32,634.00 FICA 35-630-5401-1120 2,496.00 Maintenance Contracts 35-630-5401-2005 1,420.00 Administrative Supplies 35-630-5401-2030 4,221.00 Training and Development 35-630-5401-2044 3,700.00 Trust House 35-630-5401-5251 25,000.00 TAP Transitional Living Center 35-630-5401-5253 24,376.00 Family Promise of Greater Roanoke 35-630-5401-5254 20,500.00 Community Housing Resource Center 35-630-5401-5618 30,000.00 Revenues Homeless Solutions FY14 35-630-5401-5401 144,347.00 358 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: kb. ban) Stephanie M. Moon, MMC Davi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2013. No. 39742-081913. AN ORDINANCE to appropriate funding from the Federal and Commonwealth ... governments and private grants for various educational programs, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplemental Pay—Forest 302-110-0000-1304-309H-61100-41129-3-01 $ 12,936.00 Park Supplemental Pay—Patrick 302-110-0000-0390-309H-61100-41129-3-01 12,936.00 Henry Social Security—Forest Park 302-110-0000-1304-309H-61100-42201-3-01 990.00 Social Security—Patrick Henry 302-110-0000-0390-309H-61100-42201-3-01 990.00 Medical/Dental —Forest Park 302-110-0000-1304-309H-61100-42204-3-01 2,452.00 Medical/Dental—Patrick Henry 302-110-0000-0390-309H-61100-42204-3-01 2,453.00 Teacher 302-120-0000-1050-330H-61100-41121-9-09 1,512.00 0.5 FTE Administrative 302-120-0000-1050-330H-61410-41151-9-09 113.00 Support Retiree Health Credit 302-120-0000-1050-330H-61100-42200-9-09 18.00 Social Security 302-120-0000-1050-330H-61410-42201-9-09 124.00 VRS 302-120-0000-1050-330H-61410-42202-9-09 254.00 Health/Dental 302-120-0000-1050-330H-61410-42204-9-09 6,252.00 ■� Group Life Insurance 302-120-0000-1050-330H-61410-42205-9-09 19.00 Data Processing Equipment 302-280-0000-1000-329H-68200-48826-3-01 11,700.00 Inservice Workshops 302-280-0000-1000-329H-68200-45587-3-01 3,900.00 359 Data Processing Equipment 302-280-0000-0400-329H-68200-48826-3-01 26,000.00 Fleming Data Processing Equipment 302-280-0000-0350-329H-68200-48826-3-01 26,000.00 Westside Data Processing Equipment 302-280-0000-0340-329H-68200-48826-3-01 26,000.00 Lincoln Health Insurance 302-120-0000-0000-111H-61100-42204-9-02 221,325.00 Professional Services 302-120-0000-0000-111H-61100-43311-9-02 (12,062.00) Travel/Mileage 302-120-0000-0000-111H-61100-45551-9-02 (5,061.00) Instructional Supplies 302-120-0000-0000-111H-61100-46614-9-02 (6,123.00) Teachers 302-120-0000-0000-121H-61100-41121-9-02 13,088.00 Coordinators 302-120-0000-0000-121H-61100-41124-9-02 2,500.00 Supplements ' 302-120-0000-0000-121H-61100-41129-9-02 2,500.00 Retiree Health Credit 302-120-0000-0000-121H-61100-42200-9-02 173.00 Social Security 302-120-0000-0000-121H-61100-42201-9-02 1,384.00 VRS 302-120-0000-0000-121H-61100-42202-9-02 5,585.00 Health Insurance 302-120-0000-0000-121H-61100-42204-9-02 6,908.00 Group Life Insurance 302-120-0000-0000-121H-61100-42205-9-02 185.00 Professional Services 302-120-0000-0000-121H-61100-43311-9-02 (5,784.00) Travel/Mileage 302-120-0000-0000-121H-61100-45551-9-02 (3,186.00) Instructional Supplies 302-120-0000-0000-121 H-61100-46614-9-02 (18,483.00) Contracted Services 302-120-0000-1000-751H-61100-43313-2-02 1,750.00 - Contracted Services 302-120-0000-1000-751H-61100-43313-3-02 1,750.00 NV Equipment Rental 302-120-0000-1000-751H-61100-45541-9-02 50.00 Revenues State Grant Receipts 302-000-0000-0000-309H-00000-32418-0-00 32,757.00 State Grant Receipts 302-000-0000-0000-330H-00000-32295-0-00 8,292.00 State Grant Receipts 302-000-0000-0000-329H-00000-32104-0-00 78,000.00 Local Match 302-000-0000-0000-329H-00000-34588-0-00 15,600.00 Federal Grant Receipts 302-000-0000-0000-111H-00000-38287-0-00 198,079.00 Federal Grant Receipts 302-000-0000-0000-121H-00000-38173-0-00 4,870.00 Private Foundation Grant 302-000-0000-0000-751H-00000-33808-0-00 3,550.00 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 David A. Bowers City Clerk Mayor 360 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2013. No. 39743-081913. AN ORDINANCE to adopt an amendment to the 2012 - 2013 School Board Categorical Budget, amending and reordaining certain sections of the School General, School Food Service 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 2012 - 2013 School General, School Food Service and School Athletics Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Appropriations $6,000,000.00 a-. Fund Balance - Unappropriated (6,000,000.00) School Food Service Fund Appropriations 1,000,000.00 Fund Balance - Unappropriated (1,000,000.00) School Athletics Fund Revenues 100,000.00 Appropriations 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 �ATTTTE�SST: l Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 361 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of August, 2013. No. 39744-081913. AN ORDINANCE authorizing proper City Officials to execute a contract and the necessary documents to sell to Edward B. Walker certain City Owned Property designated as Official Tax Map No. 1113111, located at 515 8th Street, S. W., Roanoke, Virginia 24016, 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; dispensing with the second reading by title of this Ordinance; and providing for an effective date. WHEREAS, after proper advertisement a public hearing was held on the above matter on August 19, 2013, pursuant to Sections 15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and persons were afforded an opportunity to be heard on such conveyance; 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. City Council hereby approves the terms of the proposed Contract for Purchase and Sale of Real Property by and between the City and Edward B. Walker, as set forth in the attachment to the City Council Agenda Report dated August 19, 2013 (the "Contract"), which Contract provides for certain undertakings and obligations of Edward B. Walker, as well as certain undertakings by the City. The City Council further finds that the sale of such property, as set forth in the Contract, will be of economic benefit to the City and its citizens. 2. The City Manager and the City Clerk are hereby authorized, for and on behalf of the City, to execute and attest, respectively, the Contract to sell to Edward B. Walker City-Owned property located at 515 8th Street, S. W., Roanoke, Virginia 24016, designated as Official Tax Map No. 1113111, upon certain terms and conditions as set forth in the Contract. Such Contract is to be substantially similar to the Contract attached to the City Council Agenda Report dated August 19, 2013, and in a form approved by the City Attorney. The purchase price to be paid to the City is $10.00, together with the performance of all other obligations as set forth in the Contract. 362 PUMP 3. The City Manager is further authorized to negotiate, execute, and deliver such further documents and to take such further actions as may be necessary to implement, administer, and enforce the Contract, which include, but are not limited to, a Special Warranty Deed, extensions or modifications of the Contract, and to negotiate, execute, and deliver any other agreements and documents relating to this matter, and such other documents as the City Manager deems appropriate. The form of any such documents is to be approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 5. This Ordinance shall be in effect as of the date of its passage. APPROVED ATTEST: 1/4(gaiABOVS".. moo Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3`d day of September, 2013. No. 39745-090313. A RESOLUTION creating the Roanoke Valley Broadband Authority. WHEREAS, the Board of Supervisors of Roanoke County, Virginia ("Roanoke County"), the Board of Supervisors of Botetourt County, Virginia ("Botetourt County'), the City Council of the City of Roanoke, Virginia ("Roanoke City'), and the City Council of the City of Salem, Virginia ("Salem City") have determined that it is in the best interests of the Roanoke Valley to create the Roanoke Valley Broadband Authority pursuant to the provisions of the Virginia Wireless Services Authorities Act, Chapter 54.1, Title 15.2 of the 1950 Code of Virginia, as amended ("Act"), and desire to do so by the adoption of concurrent resolutions, and a public hearing has been held in accordance with the requirements of Sections 15.2-5431.3 and 15.2-5431.5 of the Act. 363 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, as follows: 1. Creation of the Authority. There is hereby created the Roanoke Valley Broadband Authority ("Authority"). 2. Articles of Incorporation. The Articles of Incorporation of the Roanoke Valley Broadband Authority are as follows: ARTICLES OF INCORPORATION OF THE ROANOKE VALLEY BROADBAND AUTHORITY The Board of Supervisors of Roanoke County, Virginia, the Board of Supervisors of Botetourt County, Virginia, the Council of the City of Roanoke, Virginia, and the Council of the City of Salem, Virginia, have by concurrent resolutions adopted the following Articles of Incorporation of the Roanoke Valley Broadband Authority, pursuant to the Virginia Wireless Services Authorities Act (Chapter 54.1, Title 15.2 of the 1950 Code of Virginia, as amended), (the "Act"). The Authority shall exist for a term of 50 years as a political subdivision. ARTICLE I NAME AND ADDRESS The name of the Authority shall be the Roanoke Valley Broadband Authority (the "Authority") and the address of its principal office is c/o Roanoke Valley — Allegheny Regional Commission, 313 Luck Avenue, S. W., Roanoke, VA 24016. The location of the principal office may be changed by the concurrence of three-fourths of the Authority members present at the regular meeting, provided that the clerk of the governing body of each member governmental subdivision has been notified of the contemplated relocation in writing at least thirty (30) days before such meeting. ARTICLE II CREATING JURISDICTIONS The names of the incorporating political subdivisions are the County of Botetourt, the County of Roanoke, the City of Roanoke, and the City of Salem. 364 a As the incorporating political subdivisions, hereby acknowledge, covenant, and agree that these Articles of Incorporation shall not be further amended or changed without the express agreement of the governing body of each of the incorporating political subdivisions. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the members from each incorporating political subdivision creating the Authority: 1. The inclusion of additional political subdivisions in the Authority. 2. Additional agreements with political subdivisions other than Authority members, entities, or persons, local universities and colleges, the Town of Vinton, and the Western Virginia Water Authority for the expansion of services or network, or wireless infrastructure. ARTICLE III MEMBERS, TERMS OF OFFICE The term of office of the Authority members shall be for four (4) years. Members may serve additional terms as appointed by their governing body. The initial term of ION office shall be staggered with the initial term being for 2 and 4 years alphabetically by last name. The Board of the Authority shall consist of five Members. The names and addresses, and terms of office of the initial members of the Board of the Authority ("Authority") are as follows: Name and address Designee Initial Term 1. Kevin S. Boggess Salem 2 years City Manager's Office 114 North Broad Street Salem, Virginia 24153 2. B. Clayton Goodman, Ill Roanoke County 4 years County Administrator's Office 5204 Bernard Drive Roanoke, Virginia 24018-0798 3. Kathleen D. Guzi Botetourt County 2 years County Administrator's Office .,. 1 West Main Street, Box 1 Fincastle, Virginia 24090 365 4. Michael McEvoy Citizen 4 years Western Virginia Water Authority 601 S. Jefferson Street, Suite 200 Roanoke, Virginia 24011 5. Christopher P. Morrill Roanoke City 2 years City Manager's Office Room 364, Noel C. Taylor Municipal Building 215 Church Avenue, S.W. Roanoke, Virginia 24011 The terms of office of the initial members shall begin on the date of issuance of a certificate of incorporation or charter for the Authority by the State Corporation Commission. The governing body of each participating political subdivision shall appoint one (1) member who may be a member of the governing body. The four (4) members of the Board of the Authority shall recommend to the participating political subdivisions the appointment of the fifth member who shall be a citizen and resident of one of the participating political subdivisions. The governing bodies of each participating political subdivision shall ratify and confirm the appointment of the fifth member. If any of the governing bodies fails to act or are unable to act within 60 days of the receipt of this recommendation, then the appointment of the fifth member shall be made by the judges of the Circuit Court for the 23rd Judicial District. Initially, the governing body of the County of Roanoke shall appoint one member to a 4 year term; the governing body of the County of Botetourt shall appoint one member to a 2 year term; the governing body of the City of Roanoke shall appoint one member to a 2 year term; and the governing body of the City of Salem shall appoint one member for a 2 year term. The citizen shall be appointed to a 4 year term. After the initial terms, each member shall be appointed to a four-year term or until a successor is appointed and qualified. The governing body of each political subdivision shall be empowered to remove, at any time, without cause, the member appointed by it and appoint a successor member to fill the unexpired portion of the removed member's term. Vacancies on the Board shall be filled for the unexpired term in the same manner as the appointment of the member vacating the Board was made. Each member shall be reimbursed by the Authority for the amount of actual expenses'in performance of duties as a member of the Authority. Each member of the Board shall have one equal vote in all matters before the Authority. 366 . ARTICLE IV PURPOSE The purpose of the Authority is to provide qualifying communication services as authorized by Article 5.1 (§ 56-484.T1 et seq) of Chapter 15 of Title 56 of the 1950 Code of Virginia, as amended and to provide such other services as provided by law and Chapter 54.1 of Title 15.2 of the 1950 Code of Virginia, as amended. Such services are to be provided to the geographic areas of the County of Roanoke, the County of Botetourt, the City of Roanoke, and the City of Salem to establish local governmental network(s)to meet the communication needs of the participating localities and their subsidiaries and in accordance with the contracts and agreements by and between this Authority and other private or public entities as the Authority may agree in writing upon the terms and conditions established pursuant to such contracts. ARTICLE V POWERS, GENERAL OPERATIONS The Authority shall have all the powers granted by Section 15.2-5431.11 of the 1950 Code of Virginia, as amended. The general business of the Authority, including the issuance of revenue bonds and refunding bonds as permitted by the Act and the expenditure of funds for general expenses, shall be conducted by the majority action of the Board of the Authority, provided such Board may create an executive committee and such other committees as the Board may direct, including project committees. The Authority is vested with the powers of a body corporate, including the power to sue and be sued in its own name, plead and be impleaded, and adopt and use a common seal and alter the same as may be deemed expedient. ARTICLE VI DISSOLUTION The Board of the Authority may determine that the purposes for which the Authority was created have been completed, or are impractical or impossible to complete, and that all of the obligations have been paid, or have been assumed by one or more political subdivisions or any Authority created, thereby, or that cash or United States government securities have been deposited for their payment. In such event, it shall adopt and file with each of the governing bodies a resolution declaring such facts. If the governing bodies adopt a resolution, concurring in such declaration and finding that the Authority should be dissolved, they shall file appropriate articles of dissolution with the State Corporation Commission. •••• 367 ARTICLE VII WITHDRAWAL OF LOCALITY A locality may withdraw from the Authority at any time, provided, that no locality may withdraw from the Authority at any time when bonds are outstanding unless all remaining members approve such withdrawal at such time. Prior to withdrawing, a locality shall provide the Authority and each of the other participating localities with written notice of the locality's intent to withdraw. In the event that a locality withdraws, such locality electing to withdraw shall execute all documents necessary to reflect such withdrawal, the remaining participating localities shall appoint a replacement member to the Board, and file proper amendments to these Articles with the State Corporation Commission. If any of the governing bodies of the remaining participating localities fails to act or are unable to act to appoint a replacement member within 60 days after the locality electing to withdraw provides notice of withdrawal, then the appointment of the replacement member shall be made by the judges of the Circuit Court for the 23r1 Judicial Circuit. ARTICLE VIII AUDIT The Authority shall cause an annual audit of its books and records to be made by the State Auditor of Public Accounts or by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing bodies of each of the incorporating political subdivisions. IN WITNESS WHEREOF, the Board of Supervisors of Roanoke County, Virginia, the Board of Supervisors of Botetourt County, Virginia, the City Council of the City of Roanoke, Virginia, and the City Council of the City of Salem, Virginia have caused these Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed and attested by the respective clerks of each, this day of , 2013. COUNTY OF ROANOKE, VIRGINIA Attest: By: Deborah C. Jacks, Clerk Michael W. Altizer, Chairman SEAL Board of Supervisors Approved as to Form: County Attorney 368 a COUNTY OF BOTETOURT, VIRGINIA Attest: By: Susan Fain, Clerk Stephen P. Clinton, Chairman SEAL Board of Supervisors Approved as to Form: County Attorney CITY OF ROANOKE, VIRGINIA Attest: By: Stephanie M. Moon, Clerk David A. Bowers, Mayor SEAL Approved as to Form: City Attorney CITY OF SALEM, VIRGINIA Attest: By: James E. Taliaferro, II, Clerk Byron Foley, Mayor SEAL Approved as to Form: City Attorney 3. The appropriate officers are hereby authorized to execute all documents and take all other actions necessary or convenient to file or otherwise cause the Articles of Incorporation for the Roanoke Valley Broadband Authority to become effective. 4. Effective immediately. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: h2. "yen) Stephanie M. Moon, MMC David A. owers City Clerk Mayor 369 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 2013. No. 39746-090313. A RESOLUTION authorizing acceptance of the 2012 Continuum of Care Planning Grant Award to the City of Roanoke from the U. S. Department of Housing and Urban Development, in the amount of $13,100.00; 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 2012 Continuum of Care (CoC) Planning Grant Award from the U. S. Department of Housing and Urban Development, in the program amount of $13,100.00, with a required local match by the City of Roanoke of $5,000.00, for a total amount of $18,100.00, to provide planning, monitoring, and evaluation to the CoC and the Blue Ridge Interagency Council on Homelessness for the fiscal year, beginning July 1, 2013, through June 30, 2014, as more particularly described in the City Council Agenda Report dated September 3, 2013. 2. 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. APPROVED ATTEST: yi Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 370 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 2013. No. 39747-090313. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Continuum of Care (CoC) Planning Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-5420-2010 $18,100.00 Revenues CoC Planning FY14 - Federal 35-630-5420-5420 13,100.00 CoC Planning FY14 - Local 35-630-5420-5421 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: yy, Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 371 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 2013. No. 39748-090313. A RESOLUTION accepting a donation of funds from Member One Federal Credit Union to the City to fund improvements to a playground at Jackson Park, with the funds being donated over a four year period; 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 $25,000.00 from Member One Federal Credit Union to the City, all as more particularly set forth in the City Council Agenda Report dated September 3, 2013. 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 Member One Federal Credit Union for its generous donation to the City to fund improvements to a playground at Jackson Park. APPROVED ATTEST: Stephanie oon, MMC David A. Bower s City Clerk Mayor 372 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 2013. No. 39749-090313. AN ORDINANCE to appropriate funding from Member One Federal Credit Union to the Jackson Park Revitalization project, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from Third Party 08-620-9544-9004 25,000.00 Revenues Member One Donation for Jackson Park FY14 08-620-9544-9544 10,000.00 Member One Donation for Jackson Park FY15 08-620-9544-9545 5,000.00 Member One Donation for Jackson Park FY16 08-620-9544-9546 5,000.00 Member One Donation for Jackson Park FY17 08-620-9544-9547 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: af K nL n-4 J � boy) iC2 0 ) wa"._ Stephanie M. Moon, MMC ` David A. Bowers City Clerk Mayor 373 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of September, 2013. No. 39750-090313. A RESOLUTION adopting the Roanoke Valley-Alleghany Regional Commission Regional Pre-Disaster Mitigation Plan for communities that are members of the Roanoke Valley-Alleghany Regional Commission; and authorizing the City Manager to take such action as may be needed to implement and administer such Plan. WHEREAS, the Disaster Mitigation Act of 2000, as amended, requires that local governments develop and adopt predisaster mitigation plans in order to receive certain federal assistance; WHEREAS, a Pre-Disaster Mitigation Plan Committee comprised of representatives from the counties of Alleghany, Botetourt, Craig and Roanoke; the cities of Covington, Roanoke and Salem; and the towns of Buchanan, Clifton Forge, Fincastle, Iron Gate, New Castle, Troutville and Vinton was convened in order to study the Roanoke Valley-Alleghany Region's risks from, and vulnerabilities to, natural hazards, and to make recommendations on mitigating the effects of such hazards on the Roanoke Valley-Alleghany Region; and WHEREAS, the efforts of the Pre-Disaster Mitigation Plan Committee members and the Roanoke Valley-Alleghany Regional Commission, in consultation with members of the public, private and non-profit sectors, have resulted in the development of the Roanoke Valley-Alleghany Regional Pre-Disaster Mitigation Plan for the communities that are members of the Roanoke Valley-Alleghany Regional Commission, including the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby approves and adopts the Roanoke Valley- Alleghany Regional Pre-Disaster Mitigation Plan, dated June 2013, referred to above and in the City Council Agenda Report dated September 3, 2013, including the City of Roanoke's part of such Plan. • 374 2. The City Manager is hereby authorized to take such further actions as may be needed to implement and administer such Plan. APPROVED ATTEST: .� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 3 r day of September, 2013. No. 39751-090313. A RESOLUTION concurring with an Inducement Resolution with respect to the Economic Development Authority of Montgomery County, Virginia revenue bond financing for Virginia Tech Foundation, Inc. WHEREAS, the Virginia Tech Foundation, Inc. (the "Foundation"), a non-profit organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has described to the Economic Development Authority of Montgomery County, Virginia (the "Montgomery Authority") its plans to finance or refinance various facilities owned or to be owned by or leased to the Foundation or affiliated non-profit entities controlled by or under common control with the Foundation of benefit to, and in connection with its support of, the Virginia Polytechnic Institute and State University (the "University") and its programs, located in Montgomery County, Virginia, as well as in Rockbridge County, Virginia, Arlington County, Virginia, the City of Roanoke, Virginia and the City of Alexandria, Virginia; WHEREAS, the Foundation has requested that the Montgomery Authority agree to issue its revenue bonds or other obligations (collectively, the "Bonds"), pursuant to the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, Code of Virginia of 1950, as amended (the "Act"), in such amount up to $45,000,000.00 as may be necessary to finance or refinance the cost of such facilities and related issuance costs; 375 WHEREAS, an aggregate principal amount of the Bonds not to exceed $2,000,000.00 will be issued, and the proceeds thereof used together with other funds of the Foundation in the City of Roanoke, Virginia (the "City"), to finance or refinance the acquisition of approximately 3.0209 acres, located at 2 Riverside Circle Drive, S. W., Roanoke, Virginia, owned by the Foundation for use by the University and other tenants as the Carilion Medical School (the "Project"); WHEREAS, Section 15.2-4905 of the Act provides that if a locality has created an industrial development authority, no industrial development authority created by a second locality may finance a facility located in the first locality unless the governing body of such first locality concurs with the inducement resolution adopted by the industrial development authority created by the second locality and shows such concurrence in a duly adopted resolution; WHEREAS, the City has created an industrial development authority pursuant to the Act, and the Council of the City (the "City Council") constitutes the governing body of the City; WHEREAS, the Montgomery Authority adopted an inducement resolution (the "Inducement Resolution") with respect to the issuance of the Bonds on August 20, 2013 and has requested that the City Council concur in the Inducement Resolution with respect to the Project located or to be located in the City as required by Section 15.2- 4905 of the Act; and WHEREAS, a copy of the Inducement Resolution has been filed with the City Council. NOW, THEREFORE, be it resolved by the Council of the City of Roanoke as follows: 1. The City Council, in order to permit the Montgomery Authority to assist the Foundation in the financing, hereby concurs in the Inducement Resolution regarding the issuance of the Bonds by the Montgomery Authority for the Project located in the City, as required by Section 15.2-4905 of the Act. 376 2. The City Council's concurrence in the Inducement Resolution of the Montgomery Authority does not constitute an endorsement to a prospective purchaser of the Bonds or the creditworthiness of the Foundation. The issuance of the Bonds as requested by the Foundation will not constitute a debt or pledge of the faith and credit of the Commonwealth of Virginia or the City, and neither the faith and credit nor the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the City, will be pledged to the payment of the Bonds. The City shall not be obligated to pay the Bonds or the interest thereon or other costs incident thereto. 3. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 377 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2013. No. 39752-091613. A RESOLUTION accepting the 2014 Department of Motor Vehicles Traffic Safety Speed Enforcement Grant to the City from the Virginia 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 Virginia Department of Motor Vehicles, the 2014 Department of Motor Vehicles Traffic Safety Speed Enforcement Grant in the amount of $16,490.00, to be used for traffic enforcement targeting drivers who are speeding. This grant, which requires an $8,245.00 in-kind match by the City, and a voluntary cash match of $1,028.00 by the City, is more particularly described in the City Council Agenda Report dated September 16, 2013. 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 this 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 by the Virginia Department of Motor Vehicles, in connection with the City's acceptance of this grant. APPROVED ATTEST: 2 �, in- in/risen) agE� � Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 378 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2013. No. 39753-091613. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a speed enforcement traffic safety grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35-640-3472-1003 $ 13,440.00 FICA 35-640-3472-1120 1,028.00 Expendable Equipment (<$5,000.00) 35-640-3472-2035 2,300.00 Training and Development 35-640-3472-2044 750.00 ... Revenues DMV Speed Enforcement FY14 - Grant 35-640-3472-3472 16,490.00 DMV Speed Enforcement FY14 - Local 35-640-3472-3473 1,028.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED gATTEST: /3 ") Yom- rt Cr o, Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 379 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2013. No. 39754-091613. A RESOLUTION accepting the 2014 Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant to the City from the Virginia 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 Virginia Department of Motor Vehicles, the 2014 Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant in the amount of $18,824.00, to be used for traffic enforcement targeting alcohol impaired drivers. This grant, which requires a $9,412.00 in-kind match by the City and a voluntary cash match of $1,028.00 by the City, is more particularly described in the City Council Agenda Report dated September 16, 2013. 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 this 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 by the Virginia Department of Motor Vehicles, in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon, MMC 1 David 7 . Bowers City Clerk Mayor 380 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, �^+ The 16th day of September, 2013. �•• No. 39755-091613. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an alcohol enforcement traffic safety grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35-640-3468-1003 $ 13,440.00 FICA 35-640-3468-1120 1,028.00 Training and Development 35-640-3468-2044 1,500.00 Program Supplies 35-640-3468-2066 3,884.00 Revenues DMV Alcohol Enforcement FY14 - Grant 35-640-3468-3468 18,824.00 DMV Alcohol Enforcement FY14 - Local 35-640-3468-3469 1,028.00 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: y9 EtcfriCsA01/4""A"s Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor a 381 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2013. No. 39756-091613. A RESOLUTION accepting the 2014 Department of Motor Vehicles Traffic Safety Occupant Grant to the City from the Virginia 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 Virginia Department of Motor Vehicles, the 2014 Department of Motor Vehicles Traffic Safety Occupant Grant in the amount of $11,200.00, to be used for traffic enforcement targeting occupant safety. This grant, which requires a $5,600.00 in-kind match by the City and a voluntary cash match of $857.00 by the City, is more particularly described in the City Council Agenda Report dated September 16, 2013. 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 this 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 by the Virginia Department of Motor Vehicles, in connection with the City's acceptance of this grant. APPROVED ATTEST: hi. nios,..) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2013. No. 39757-091613. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an occupant protection traffic safety grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35-640-3470-1003 $ 11,200.00 FICA 35-640-3470-1120 857.00 Revenues DMV Occupant Protection FY14 - Grant 35-640-3470-3470 11,200.00 DMV Occupant Protection FY14 - Local 35-640-3470-3471 857.00 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 16th day of September, 2013. No. 39758-091613. A RESOLUTION authorizing acceptance of the FY 2013 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. -� 383 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 FY 2013 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $82,544.00, with no local match from the City required, and allocated from the said award the Roanoke City Police Department would receive $49,527.00 to support its bicycle patrol program, and the Roanoke City Sheriffs Department would receive $33,017.00 for surveillance and security improvements, as more particularly described in the City Council Agenda Report dated September 16, 2013. 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 Citys acceptance of this grant. APPROVED ATTEST:#912.0--;-4-) 1 Stephanie M. Moon, MMC J avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16`h day of September, 2013. No. 39759-091613. 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 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 384 Appropriations Sheriff- Expendable Equipment (<$5,000.00) 35-140-5913-2035 $33,017.00 Police - Overtime 35-640-3625-1003 45,000.00 -� Police - FICA 35-640-3625-1120 3,443.00 Police - Expendable Equipment (<$5,000.00) 35-640-3625-2035 1,084.00 Revenues Byrne/JAG Sheriff Technology Improve FY14 35-140-5913-5913 33,017.00 Byrne/JAG Police Bike Patrol FY14 35-640-3625-3625 49,527.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: h'- r, am, .Q. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2013. No. 39760-091613. A RESOLUTION supporting applications and authorizing the City Manager to submit such applications to the Federal Emergency Management Agency (FEMA), through the Virginia Department of Emergency Management (VDEM), for funds from the Floodplain Management Assistance (FMA) and Pre-Disaster Mitigation (PDM) Programs to acquire and demolish qualified flood prone properties in the City; and authorizing the City Manager to take certain actions in connection with such project. WHEREAS, the City of Roanoke desires to submit applications for an allocation of funds up to $931,397.25 for any funds provided by FEMA for the project referred to in the City Council Agenda Report dated September 16, 2013, to this Council, and which will require the City to provide matching funds of up to $158,434.50. 385 THEREFORE, BE IT RESOLVED BY THE Council of the City of Roanoke that: 1. The City Council hereby supports the applications referred to herein and hereby authorizes the City Manager to submit such applications to FEMA, through VDEM, for funds from the Floodplain Management Assistance (FMA) and Pre-Disaster Mitigation (PDM) Programs in an amount up to $931,397.25 for eligible properties whose owners provide the FEMA required documents to the City. Such applications are to be approved as to form by the City Attorney and any FEMA grants awarded to the City will be subject to future approval and acceptance by City Council. 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 applications and to furnish such additional information as may be required for such applications. APPROVED ATTEST: - 7 "' / �/Q(Jv.) 1C Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2013. No. 39761-091613. 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 $10,000,000.00 for FY 2015 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 $10,000,000.00 for any funds provided by VDOT for the projects referred to in the City Council Agenda Report dated September 16, 2013, to this Council, and which will require the City to provide matching funds of $10,000,000.00. 386 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 FY 2015 in the amount of $10,000,000.00 for the following seven projects: a. City-Wide Street Paving Program (Resurfacing). b. City-Wide Bridge Maintenance. c. Bridge Replacement. d. City-Wide Storm Drain Improvements. e. City-Wide Curb, Gutter, and Sidewalk (New Construction). f. City-Wide Streetscape Projects. g. Roanoke City Greenways and Trails (New Construction). 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. APPROVED ATTEST: /` nhi . h7o1.)v-) Stephanie M. Moon, MMC David ower8 s City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of September, 2013. No. 39762-091613. AN ORDINANCE to appropriate funding from the Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2013 - 2014 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 387 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Testing and Evaluation 302-170-3000-1160-314H-61100-45584-3-03 $ 2,296.00 Garden City Incentive 302-110-0000-0300-370H-61100-41129-2-01 210,000.00 Compensation Morningside Incentive 302-110-0000-0060-370H-61100-41129-2-01 120,000.00 Compensation Westside Incentive 302-110-0000-0350-370H-61100-41129-2-01 295,000.00 Compensation Garden City Social Security 302-110-0000-0300-370H-61100-42201-2-01 16,065.00 Morningside Social Security 302-110-0000-0060-370H-61100-42201-2-01 9,180.00 Westside Social Security 302-110-0000-0350-370H-61100-42201-2-01 22,568.00 Performance Plus System & 302-110-0000-1000-3701-1-61100-43313-2-01 33,200.00 Training Trainer Travel 302-110-0000-1000-370H-61100-45553-2-01 294.00 Testing Fees 302-170-3000-1160-315H-61100-45584-9-00 1,741.00 Juvenile Detention Education 302-110-0000-1070-316H-61110-41138-9-09 48,561.00 Coor. Retiree Health Credit 302-110-0000-1070-316H-61110-42200-9-09 2,736.00 Social Security/FICA 302-110-0000-1070-316H-61110-42201-9-09 1,244.00 Virginia Retirement System 302-110-0000-1070-316H-61110-42202-9-09 15,791.00 Health/Dental Insurance 302-110-0000-1070-316H-61110-42204-9-09 11,989.00 State Group Life Insurance 302-110-0000-1070-316H-61110-42205-9-09 4,462.00 Professional Development 302-110-0000-1070-316H-61110-45554-9-09 (89,000.00) Mileage 302-110-0000-1070-316H-61110-45551-9-09 3,100.00 Indirect Costs 302-110-0000-1070-316H-61110-62000-9-09 11,837.00 Related Services 302-110-0000-1070-316H-61110-43313.9-09 (1,160.00) Instructional Supplies 302-110-0000-1070-316H-61110-46614-9-09 425.00 TextboolcWorkbooks 302-110-0000-1070-316H-61110-46620-9-09 1,000.00 Internal Services 302-110-0000-1070-3161-61110-43313-9-09 900.00 Technology 302-110-0000-1070-316H-61110-46650-9-09 14,400.00 Education Coordinators 302-110-0000-1000-305H-61110-41138-9-09 (124,229.00) Retiree Health Credit 302-110-0000-1000-305H-61110-42200-9-09 (1,178.00) Social Security/FICA 302-110-0000-1000-305H-61110-42201-9-09 (9,173.00) VRS 302-110-0000-1000-305H-61110-42202-9-09 (18,403.00) Health/Dental Insurance 302-110-0000-1000-305H-61110-42204-9-09 (15,737.00) State Group Life Insurance 302-110-0000-1000-305H-61110-42205-9-09 (886.00) Mileage 302-110-0000-1000-305H-61110-45551-9-09 (4,000.00) Indirect Costs 302-110-0000-1000-305H-61110-45586-9-09 (6,211.00) Instructional Supplies 302-110-0000-1000-305H-61110-46614-9-09 (2,000.00) Education Coordinators 302-110-0000-1400-316H-61110-41138-9-09 188,193.00 Retiree Health Credit 302-110-0000-1400-316H-61110-42200-9-09 2,089.00 Social Security/FICA 302-110-0000-1400-316H-61110-42201-9-09 14,397.00 Virginia Retirement System 302-110-0000-1400-316H-61110-42202-9-09 27,589.00 Health/Dental Insurance 302-110-0000-1400-316H-61110-42204-9-09 19,737.00 State Group Life Insurance 302-110-0000-1400-316H-61110-42205-9-09 2,239.00 388 Revenues �+ State Industry Certification 302-000-0000-0000-314H-00000-32349-0-00 2,296.00 Receipts State Grant Receipts 302-000-0000-0000-370H-00000-32329-0-00 706,307.00 State Grant Receipts 302-000-0000-0000-315H-00000-32349-0-00 1,741.00 State Grant Receipts 302-000-0000-0000-316H-00000-32220-0-00 98,712.00 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 16th day of September, 2013. No. 39763-091613. 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 Ordinance No. 36213-012103, adopted January 21, 2003, to the extent that it placed conditions on property bearing Official Tax Map No. 3070316, and by rezoning such lot and a portion of Official Tax Map No. 3070322 to Commercial-Large Site District (CLS), with conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, Toyota 360, L.L.C. has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 36213-012103, adopted January 21, 2003, to the extent that it placed certain conditions on property located at 1530 Courtland Road, N. E., bearing Official Tax Map No. 3070316, and to rezone such lot from Downtown (D), with conditions, to Commercial-Large Site District (CLS), with conditions, and the southwestern 1.5542 acre portion of 1684 Courtland Road, N. E., bearing Official Tax Map. No. 3070322, from Light Industrial District (I-1), to Commercial-Large Site District (CLS), subject to certain conditions; 389 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 September 16, 2013, 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 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 repealing Ordinance No. 36213-012103, adopted January 21, 2003, to the extent it placed certain conditions on property located at 1530 Court land Road, N. E., bearing Official Tax Map No. 3070316, and rezoning Official Tax Map No. 3070316 and the southwestern 1.5542 acre portion of Official Tax Map No. 3070322, located at 1684 Court land Road, N. E., to Commercial-Large Site District (CLS), with conditions, 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. Ordinance No. 36213-012103, adopted January 21, 2003, to the extent it placed certain conditions on property located at 1530 Court land Road, N .E., bearing Official Tax Map No. 3070316, is hereby REPEALED, as set forth in the Zoning Amended Application No. 2 dated August 28, 2013, 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. That the property located at 1530 Court land Road, N. E., bearing Official Tax Map No. 3070316 be rezoned from Downtown (D), with conditions, to Commercial- Large Site District (CLS), with conditions, and the southwestern 1.5542 acre portion of Official Tax Map No. 3070322, located at 1684 Court land Road, N. E., be rezoned from Light Industrial District (I-1), to Commercial-Large Site District (CLS), with conditions proffered by the applicant, as set forth in the Zoning Amended Application No. 2 dated August 28, 2013, 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. 390 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 391 • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39764-100713. A RESOLUTION authorizing acceptance of the Safe Havens: Supervised Visitation and Safe Exchange Grant Program grant from the United States Department of Justice, Office on Violence Against Women, in the amount of $350,000.00, and authorizing execution of the sub-grant agreement between the City and Total Action Against Poverty in Roanoke Valley ("TAP"), dba Total Action for Progress, to continue the services the grant will enable, and any additional documents required to accept the grant. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Safe Havens: Supervised Visitation and Safe Exchange Grant Program grant from the United States Department of Justice, Office on Violence Against Women, being Grant Number 2013 -FL-AX-K016, in the amount of $350,000.00, for the period commencing October 1, 2013, until September 30, 2016, to continue the provision of services for the victims of domestic violence, sexual assault, stalking and similar services for their children, as set forth in the City Council Agenda Report dated October 7, 2013. 2. The City Manager is hereby authorized to execute the sub-grant agreement between the City and Total Action Against Poverty in Roanoke Valley, dba Total Action for Progress, to continue the services that the grant will enable, and any and all other 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 AT EST: I Witt Cecelia T. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor r S . 392 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. . • No. 39765-100713. AN ORDINANCE to appropriate funding from the Federal government for the Safe Havens Supervised Visitation and Safe Exchange Continuation Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-5008-2010 $ 346,240.00 Training and Development 35-630-5008-2044 3,760.00 Revenues Safe Havens Visitation & Exchange FY14 35-630-5008-5008 350,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 100 Cecelia T. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39766-100713. A RESOLUTION authorizing acceptance of the FY 2014 Fire Programs Fund 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. 393 • 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 FY 2014 Fire Programs Fund Grant in the amount of $272,601.00, with no local match, to be used to supplement the Fire- EMS budget in the General Fund, as more particularly described in the City Council Agenda Report dated October 7, 2013. 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 AU • T Cece is T. Webb, CMC D id . Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39767-100713. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: S . 394 Appropriations Expendable Equipment <$5,000.00 35-520-3344-2035 $ 60,301.00 Training and Development 35-520-3344-2044 60,300.00 Wearing Apparel 35-520-3344-2064 82,000.00 Recruiting 35-520-3344-2065 10,000.00 Regional Fire Training Academy 35-520-3344-9073 60,000.00 Revenues Fire Program FY14 35-520-3344-3344 272,601.00 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: 7-) CCecel4ia T. ebb, CMC a2dommadv... David A.. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39768-100713. A RESOLUTION accepting an award of Regional Surface Transportation Program funding from the Virginia Department of Transportation in an amount of up to $300,000.00; and authorizing the City Manager to execute any documents and take any actions in connection with such award. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the Virginia Department of Transportation (VDOT) award of Regional Surface Transportation Program (RSTP) funds in an amount of up to $300,000.00 for a Downtown Roanoke Intermodal Transportation Study, which funds do not require any City matching funds, all of which is set forth in the City Manager's City Council Agenda Report dated October 7, 2013, to this Council. 395 2. The City Manager is hereby authorized to execute a VDOT Standard Project Administration Agreement- Federal-Aid Projects, substantially similar in form to the Agreement attached to the above-referenced Agenda Report, and other documents required for the City to accept such funding, all of such documents to be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such additional documents as may be necessary to obtain, accept, implement, administer, and use the above RSTP Funds in an amount of up to $300,000.00 for the Downtown Roanoke Intermodal Transportation Study Project, which funds do not require any City matching funds, with any such documents to be approved as to form by the City Attorney. APPROVED AT ST: 401 ecelia T. Webb, CMC Davi A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39769-100713. AN ORDINANCE to appropriate funding from the Federal government and the Commonwealth of Virginia for the Regional Surface Transportation Program (RSTP), amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-610-8171-2010 $ 300,000.00 Revenues Regional Surface Transportation Program FY14 35-610-8171-8171 300,000.00 396 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 ST: — Cece is T. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39770-100713. A RESOLUTION approving the issuance of an amount not to exceed $8,600,000.00 in revenue bonds to be issued by the Economic Development Authority of the City of Roanoke, Virginia for the benefit of Virginia Lutheran Homes, Inc., for the financing of certain improvements to its existing continuing care retirement community known as Brandon Oaks, located at 3804 Brandon Avenue, S. W., in the City of ,,,,, Roanoke, Virginia ("Brandon Oaks"), including the renovation and expansion of the nursing and rehabilitation center located at 3837 Brandon Avenue, S. W., in the City of Roanoke, Virginia which is a part of Brandon Oaks. WHEREAS, the Economic Development Authority of the City of Roanoke, Virginia (the "Authority") has considered the application of Virginia Lutheran Homes, Inc., a Virginia non-stock, non-profit corporation (the "Borrower"), requesting the issuance of the Authority's revenue bonds in an amount not to exceed $8,600,000.00 (the "Bonds") to be issued at one time or from time to time to assist the Borrower in financing (collectively, the "Plan of Financing"): (1) the construction and equipping of the renovation and expansion of the Borrower's nursing and rehabilitation center located at 3837 Brandon Avenue, S. W., in the City of Roanoke, Virginia, which is part of the Borrower's existing continuing care retirement community known as Brandon Oaks, located at 3804 Brandon Avenue, S. W., in the City of Roanoke, Virginia ("Brandon Oaks"), including, but not limited to, the addition of approximately 33,900 square feet, the renovation of approximately 2,000 square feet of the existing nursing facilities, the renovation of the kitchen and dining facilities and the addition of administrative space (the "Project"), (2) other capital expenditures at Brandon Oaks, working capital and funded interest, and (3) amounts required to fund a debt service reserve fund and to pay costs of issuance and other expenses incurred in connection with the issuance of the Bonds; 397 WHEREAS, the Authority held a public hearing on the Borrower's application on September 18, 2013, as required by Section 147(f) of the Internal Revenue Code of • 1986, as amended (the "Code"), and Section 15.2-4906 of the Code of Virginia of 1950, as amended (the 'Virginia Code"). Section 147(f) of the Code also provides that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which any facility financed with the proceeds of private activity bonds is located must approve the issuance of the bonds; WHEREAS, the Authority issues its bonds on behalf of the City of Roanoke, Virginia (the "City"); the Project is located in the City; and the City Council of the City of Roanoke, Virginia (the "Council") constitutes the highest elected governmental unit of the City; WHEREAS, the Authority has recommended that the Council approve the issuance of the Bonds; and WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with the Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA as follows: 1. The Council approves the issuance of the Bonds pursuant thereto by the Authority for the benefit of the Borrower, as required by Section 147(f) of the Code and Section 15.2-4906 of the Virginia Code to permit the Authority to assist the Borrower in financing the Project. 2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Project or the Borrower. 3. This resolution shall take effect immediately upon its adoption. APPROVED ATT .T: Cecelia T. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor 398 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. ..a No. 39771-100713. A RESOLUTION supporting applications and authorizing the City Manager to submit such applications to the Virginia Department of Transportation (VDOT) for MAP - 21 Transportation Alternatives Grant Funds for the Melrose Avenue Pedestrian and Bus Stop Improvements Project and for Phase II of the Garden City Boulevard Greenway Trail Project; and authorizing the City Manager to take certain actions in connection with such Projects. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby supports an application to VDOT for $200,000.00 to support the Melrose Avenue Pedestrian and Bus Stop Improvements Project. The City acknowledges that the required 20% local match is $40,000.00, and that the match is being provided by the Greater Roanoke Transit Company, d/b/a Valley Metro. 2. City Council hereby supports an application to VDOT for $1,000,000.00 to support the construction of the remaining segment of the Garden City Boulevard ..,, Greenway Trail Project. The City acknowledges that the required 20% local match is $200,000.00, and that the funds are being provided from the City's planned FY 2015 capital projects funds. 3. The City Manager is hereby authorized to submit an application to VDOT for each of the above Projects to obtain the above funds from the MAP-21 Transportation Alternatives Program, with such applications being approved as to form by the City Attorney. 4. The City Manager is further authorized to take any such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above applications and to furnish such additional information as may be required for such applications. APPROVED ATTS : 9 ecelia T. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor . .r 399 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39772-100713. An ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Ohio Street 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 Ohio Street Drainage Improvement Project, in the general vicinity of Ohio Street, Bradford Street, and Old Mountain Road and surrounding streets, the City wants and needs certain real property rights, to include a permanent drainage easement, rights of ingress and egress, and such other real property interests as needed, as set forth in the Agenda Report to this Council dated October 7, 2013. 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 parcel referred to in the above mentioned Agenda Report and any other real property parcels needed for the Project 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 parcel(s) 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, recordation fees, and other related 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 appropriate acquisition documents, approved as to form 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. 400 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: 9QNtAAAAA"...% elia T. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39773-100713. An ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Salem Turnpike 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 Salem Turnpike Drainage Improvement Project, in the general vicinity of the Salem Turnpike between 29th Street and 31st Street and surrounding streets, the City wants and needs certain real property rights, to include temporary construction easements, permanent easements, rights of ingress and egress, licenses or permits, fee simple interests, and such other real property interests as needed, as set forth in the Agenda Report to this Council dated October 7, 2013. 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 and any other real property parcels needed for the Project for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. .■ Y f 401 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, recordation fees, and other related 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 appropriate acquisition documents, approved as to form 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 äT. Webb, CMC T: Davi A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7m day of October, 2013. No. 39774-100713. An ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Court Street 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: . . 402 1. For the Court Street Drainage Improvement Project, in the general vicinity of Court Street from Interstate 581 to Rockland Avenue, N. W., and surrounding streets, the City wants and needs certain real property rights, to include a permanent drainage easement, rights of ingress and egress, and such other real property interests as needed, as set forth in the Agenda Report to this Council dated October 7, 2013. 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 parcel referred to in the above mentioned Agenda Report and any other real property parcels needed for the Project 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 parcel(s) 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, recordation fees, and other related 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 appropriate acquisition documents, approved as to form 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 A 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. ST: I ecelia T. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39775-100713. A RESOLUTION waiving the City of Roanoke's sovereign immunity and authorizing execution of a Hold Harmless Agreement with Carillon Property y-• Management in connection with the use of 6 Riverside Parking Garage during the 2013 Roanoke GO Outside Festival. 403 WHEREAS, the City of Roanoke is using property owned and managed by Carilion Property Management in connection with the Roanoke GO Outside Festival from October 18, through October 20, 2013; and WHEREAS, Carilion Property Management requires the City of Roanoke to execute an agreement, waiving the City of Roanoke's Sovereign Immunity and agreeing to indemnify Carillon Property Management and others under certain circumstances. BE IT RESOLVED for the reasons set forth in the City Council Agenda Report dated October 7, 2013, to this Council, this Council hereby authorizes the City Manager to execute, for and on behalf of the City, upon form approved by the City Attorney, the Hold Harmless Agreement attached to the City Council Agenda Report dated October 7, 2013, with Carilion Property Management, such Hold Harmless Agreement relating to the City's use of the 6 Riverside Parking Garage, from 5:00 p.m. on Friday, October 18, 2013, until 5:00 p.m., Sunday, October 20, 2013, in connection with the Roanoke GO Outside Festival. APPROVED ATT -T: Cece is . Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39776-100713. A RESOLUTION transferring all funds in the Roanoke Valley War Memorial Special Account into the City's general ledger and consolidated bank account; repealing Resolution No. 26207-090782, adopted September 7, 1982; and closing the Roanoke Valley War Memorial Special Account. WHEREAS, the City adopted Resolution No. 26207-090782 on September 7, 1982 to establish a Roanoke Valley War Memorial Special Account in which the Director of Finance of the City of Roanoke was directed to deposit all funds distributed to the City of Roanoke by the Roanoke Valley War Memorial Committee; • . . . 404 WHEREAS, pursuant to the recitals set forth in Resolution 26207-090782, the Roanoke Valley War Memorial Committee had completed its work and had a surplus of funds in the approximate amount of $14,575.56, with the possibility of additional funds in the amount of $2,753.83 on account of a postage refund from the United States Postal Service; WHEREAS, The Roanoke Valley War Memorial Committee and the Roanoke Valley Veteran's Council agreed that $5,000.00 of the surplus funds should be turned over to the Roanoke Valley Veteran's Council and the balance of the surplus funds distributed to the City and deposited in the Roanoke Valley War Memorial Special Account; WHEREAS, pursuant to Resolution No. 26207-090782, the Director of Finance created the Roanoke Valley War Memorial Special Account with the Roanoke Valley Community Credit Union; WHEREAS, pursuant to Resolution No. 26207-090782, funds held in the Roanoke Valley War Memorial Special Account would be supervised by, and expenditures authorized by, a permanent War Memorial Committee; WHEREAS, pursuant to Resolution 26207- 90782, City Council directed that .. funds in the Roanoke Valley War Memorial Special Account "shall not be used for normal maintenance, cleaning and upkeep or for flowers or shrubbery, but shall be used for improvements or additions to the Memorial, replacement of flags and lights, unexpected repairs or replacements, unusual beautification projects, expenses associated with War Memorial programs and for other uses that such Committee may authorize;" WHEREAS, City Council adopted Resolution No. 26234-092782 on September 27, 1982 that established the permanent War Memorial Committee to supervise and direct expenditures from the Roanoke Valley War Memorial Special Account; WHEREAS, City Council adopted Resolution No. 39335-031912 on March 19, 2012 to repeal Resolution No. 26234-092782 and abolish the permanent War Memorial Committee; WHEREAS, the Director of Finance advises that the sum of approximately $5,150.00 is held in the Roanoke Valley War Memorial Special Account pursuant to Resolution No. 26207-090782; WHEREAS, the Director of Finance recommends that the funds held in the Roanoke Valley War Memorial Special Account be transferred to the City's general ledger and consolidated bank account and those funds so held shall be expended solely for the purposes set forth in Resolution No. 26207-090782; and 405 WHEREAS, the Director of Finance makes this recommendation to enhance efficiency, transparency, and accountability for the administration and distribution of funds from the Roanoke Valley War Memorial Special Account. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Director of Finance is directed to close the Roanoke Valley War Memorial Special Account with the Roanoke Valley Community Credit Union and transfer all funds held in the Roanoke Valley War Memorial Special Account to the City's general ledger and consolidated bank account after paying any expenditures to close the Roanoke Valley War Memorial Special Account. 2. The funds transferred from the Roanoke Valley War Memorial Special Account to the City's General Ledger and Consolidated Bank Account shall not be used for normal maintenance, cleaning, and upkeep or for flowers or shrubbery at the War Memorial, but shall be used for improvements or additions to the Memorial, replacement of flags and lights, unexpected repairs or replacements, unusual beautification projects, and expenses associated with War Memorial programs. 3. Resolution No. 26207-090782, adopted September 7, 1982, be and is hereby REPEALED and the Roanoke Valley War Memorial Special Account is closed. APPROVED ATT - e i_ T. Webb, CMC avi A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39777-100713. AN ORDINANCE to appropriate funding from the War Memorial Special Account to the War Memorial Preservation project, amending and reordaining certain sections of the 2013 - 2014 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. V . 406 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from Third Party 08-440-9604-9004 5,150.00 Revenues War Memorial Special Account 08-440-9604-9604 5,150.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATT T: �1 fitro ece is T. Webb, CMC Ravi. A. Bowers Assistant Deputy City Clerk Mayor r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of October, 2013. No. 39778-100713. 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 2013 Annual Conference scheduled for October 13 - 15, 2013, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable William Bestpitch is hereby designated Voting Delegate, and The Honorable Anita Price is hereby designated Alternate Voting Delegate. 4.•+ 407 2. For any meetings of the Urban Section of the Virginia Municipal League to , be held in conjunction with the League's 2013 Annual Conference, Christopher 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 ATTE : I' Cece is . Webb, CMC vi A. Bowers Assistant Deputy City Clerk Mayor 408 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of October, 2013. No. 39779-102113. A RESOLUTION authorizing acceptance of the FY 2014 Bulletproof Vest Partnership Grant made to the City of Roanoke by the United States Department of Justice, Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the United States Department of Justice, Office of Justice Programs, the FY 2014 Bulletproof Vest Partnership Grant in the amount of $13,568.00 to the Roanoke City Police Department to purchase 55 concealable bullet resistant vests; and $1,500.00 to the Roanoke City Sheriffs Department to purchase 6 concealable bullet resistant vests. Each department is required to satisfy a 50% local in-kind match. Such grant being more particularly described in the City Council Agenda Report dated October 21, 2013. 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 Justice Programs in connection with the acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon, MM Davi owers City Clerk Mayor 409 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of October, 2013. No. 39780-102113. 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 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel - Sheriff 35-140-5914-2064 1,500.00 Wearing Apparel - Police 35-640-3800-2064 13,568.00 Revenues Bulletproof Vest FY14 — Sheriff 35-140-5914-5914 1,500.00 Bulletproof Vest FY14 — Police 35-640-3800-3800 13,568.00 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: tatitivArt, m Stephanie M. Moon, MMC avi . Bowers City Clerk Mayor 410 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, r a The 21st day of October, 2013. No. 39781-102113. AN ORDINANCE, authorizing the City Manager to execute the Agreement Creating the Western Virginia Regional Industrial Facility Authority ("Agreement"), between the Town of Vinton, Botetourt County, Franklin County, Roanoke County, the City of Roanoke, and the City of Salem; authorizing the City Manager to execute any and all documents necessary to establish the Western Virginia Regional Industrial Facility Authority consistent with the terms and conditions of the Agreement; and dispensing with the second reading by title of this ordinance. WHEREAS, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the 1950 Code of Virginia, as amended (the "Act"), the governing bodies of Botetourt County, Franklin County, Roanoke County, City of Roanoke, City of Salem, and the Town of Vinton desire to improve the economies of their localities; WHEREAS, providing a mechanism for localities in the creation to cooperate in the development of facilities will assist the region in its economic growth; WHEREAS, the General Assembly of the Commonwealth of Virginia has recognized that regional industrial facility authorities will enhance the economic base for the member localities by developing, owning, and operating one or more facilities on a cooperative basis involving its member localities; WHEREAS, regional industrial facility authorities and the powers vested in such authorities shall be for the benefit of the inhabitants of the region, and other areas of the Commonwealth, for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity; and WHEREAS, the City of Roanoke is authorized by the Act to participate in such regional industrial facility authorities and the Council of the City of Roanoke, Virginia, in conjunction with other governing bodies hereby proposes to create the Western Virginia Industrial Facility Authority, a public body politic and corporate created pursuant to the Act. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The economic growth and development of the City of Roanoke, Virginia and the comfort, convenience and welfare of its citizens require the development of facilities. 411 2. Joint action through a regional industrial facility authority by Botetourt County, Franklin County, Roanoke County, the City of Roanoke, the City of Salem and the Town of Vinton will facilitate the development of the needed facilities. 3. The City of Roanoke is hereby authorized to execute the Agreement establishing the respective rights and responsibilities of the member localities with respect to the Western Virginia Regional Industrial Facility Authority, substantially in the form as follows: AGREEMENT CREATING THE Western Virginia Regional Industrial Facility Authority Adopted: , 2013 WHEREAS, the purpose of the Regional Industrial Facility Authority Act is to enhance the economic base for the member localities by developing, owning, and operating one or more facilities on a cooperative basis involving its Member localities; and WHEREAS, the exercise of the power granted by Chapter 64 of Title 15.2 shall be in all aspects for the benefit of the inhabitants of the region for their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity; and WHEREAS, the named governing bodies have further determined that joint action through a regional industrial facility will facilitate the development of the needed industrial facilities. THEREFORE IT IS HEREBY RESOLVED THAT, pursuant to the Virginia Regional Industrial Facilities Act, Chapter 64, Title 15.2, Section 15.2-6400, -et seq., Code of Virginia, 1950, as amended, (the "Act"), the governing bodies of the County of Botetourt, the County of Franklin, the County of Roanoke, the City of Roanoke, the City of Salem and the Town of Vinton hereby agree to create, by concurrent adoption of ordinances, the Western Virginia Regional Industrial Facility Authority (the "Authority") for the purpose of enhancing the economic base for the Member localities by developing, owning, and operating one or more facilities on a cooperative basis involving its member localities. ARTICLE I. NAME AND OFFICE The name of the authority shall be the Western Virginia Regional Industrial Facility Authority and the address of its office is C/O Roanoke Regional Partnership, 111 Franklin Road, S. E., Roanoke, VA 24011. 412 ARTICLE II. ,. PARTIES TO THE WESTERN VIRGINIA REGIONAL INDUSTRIAL FACILITY AUTHORITY AGREEMENT The initial members of the Authority are: Botetourt County, Virginia Franklin County, Virginia Roanoke County, Virginia Roanoke City, Virginia Salem City, Virginia Town of Vinton, Virginia and are authorized by the Act to participate in this Authority and shall each be called a "Member locality" and collectively, the "Member localities". The governing body of each of the Member localities shall appoint members to the Authority pursuant to Section 15.2-6403 (A) of the Act. Each of the Member localities shall appoint two (2) members to the Authority. The members of the Board shall be elected in accordance with Article IV hereof. Each Member locality may appoint two alternate board members, to be selected in the same manner as board members and shall perform all duties including voting in lam the member's absence. Each board member, and alternate, of the Authority before accepting their appointment and begin discharge of their office duties, shall take and subscribe to the oath prescribed in Section 49-1 of the Code of Virginia, 1950, as amended. At any time subsequent to the creation of this Authority, the membership of the Authority may, with the approval of the Authority Board, be expanded to include any locality within the region that would have been eligible to be an initial member. The governing body of a locality seeking to become a member shall evidence its intent to become a member by adopting an ordinance proposing to join the Authority that conforms, to the requirements consistent with Section 15.2-6402, clauses i, ii, iii and iv of the Code of Virginia. ARTICLE III. FINDING; PURPOSE; AND GOVERNMENTAL FUNCTIONS OF THE AUTHORITY The Member localities agree that this Authority has been established for the following purpose and function. 413 1. The Member localities agree that the economy of the Western Virginia Regional Industrial Facility Authority area has not kept pace with those of the rest of the Commonwealth. The respective individual Member localities may lack the financial resources to assist in the development of economic development projects and the creation of the Authority provides a mechanism for the Partners to cooperate in the development of facilities which will assist the region in overcoming this barrier to economic growth. 2. The exercise of the powers granted by the Act shall be in all aspects for the benefit of the inhabitants of the region for the increase of their commerce, and for the promotion of their safety, health, welfare, convenience and prosperity. 3. The Act provides the six Member localities with many powers by which the Member localities may interact as one body or as individual participating groups consisting of one or more Member localities of the Authority which the members believe will give each local government an opportunity to establish successful partnerships for the development of economic projects which will serve the region. ARTICLE IV. BOARD OF THE AUTHORITY All powers, rights and duties conferred by the Act, or other provisions of law, upon the Authority shall be exercise by a Board of Directors (the `Board"). The Board shall consist of two board members from each Member locality. The governing body of each Member locality shall appoint two board members to the Board. Any person who is a resident of the appointing Member locality may be appointed to the Board. Except for the provision for staggered terms for the initial board members as provided hereinafter, each board member of the Board shall serve for a term of four years and may be reappointed for as many terms as the governing body desires. During the establishment of the Authority, the Member localities agree to stagger terms. Each governing body shall appoint their initial board members to serve and designate one of its board members to serve for two years and the other board member to serve for four year terms. After the initial appointment of these board members, each succeeding director shall serve four year terms. If a vacancy occurs by reason of death, disqualification or resignation, the governing body of the Member locality that appointed the Authority board member shall appoint a successor to fill the unexpired term. 414 The governing body may appoint up to two alternate board members. Alternates shall be selected in the same manner as board members, and may serve as an . . alternate for either board member from the Member locality that appoints the alternate. Alternates shall be appointed for terms that coincide with one or more of the board members from the member locality that appoints the alternate. If a board member is not present at a meeting of the Authority, the alternate shall have all the voting and other rights of the board member not present and shall be counted for purpose of determining a quorum. Each board member of the Authority before entering upon the discharge of the duties of his office shall take and subscribe to the oath prescribed in Section 49-1, Code of Virginia, 1950, as amended. A quorum shall exist when a majority of the Member localities are represented by at least one board member. The affirmative vote of a quorum of the Board shall be necessary for any action taken by the Board. No vacancy in the membership of the Board shall impair the right of a quorum to exercise all rights and perform all duties of the Board. The Board shall determine the times and places of its regular meetings, which may be adjourned or continued without further public notices, from day to day or from time to time or from place to place, but not beyond the time fixed for the next regular meeting, until the business before the Board is completed. ,,. Board special meetings shall be held when requested by board members of the Board representing two or more Member localities. A request for a special meeting shall be in writing, and the request shall specify the time and place of the meeting and the matters to be considered at the meeting. A reasonable effort shall be made to provide each board member with notice of any special meeting. No matter not specified in the notice shall be considered at such special meeting, unless all the board members are present. Special meetings may be adjourned or continued, without further public notice, from day to day or from time to time or from place to place, not beyond the time fixed for the next regular meeting, until the business before the Board is completed. The Board shall elect from its membership a chair, vice chair, treasurer, and secretary for each calendar year. The Board may also appoint an executive director and staff who shall discharge such functions as may be directed by the Board. The executive director and staff may be paid from funds received by the Authority. No board member shall receive compensation. The,Board promptly following the close of the fiscal year (July 1 thru June 30), shall submit an annual report of the Authority's activities of the preceding year to the Member localities governing body. The Annual Report shall set forth a complete operating and financial statement covering the operation of the Authority during such reporting year. 415 The Board may establish dues or other annual financial fees as may be approved by a unanimous vote of Member localities. ARTICLE V. POWERS OF THE AUTHORITY The Authority is vested with the powers of a body corporate, including the powers to sue and be sued in its own name, plead and be impleaded, and adopt and use a common seal and alter the same as may be deemed expedient. The Authority shall be vested with all powers and duties enumerated in Section 15.2-6405, pursuant to the Act as it currently exists or may be amended; Powers of the Authority: 1. Adopt bylaws, rules and regulations to carry out the provisions of the act. 2. Employ, either as regular employees or as independent contractors, consultants, engineers, architects, accountants, attorneys, financial experts, construction experts and personnel, superintendents, managers and other professional personnel, personnel, and agents as may be necessary in the judgment of the Authority, and fix their compensation. 3. Determine the location of, develop, establish, construct, erect, repair, remodel, add to, extend, improve, equip, operate, regulate, and maintain facilities to the extent necessary or convenient to accomplish the purposes of the Authority. 4. Acquire, own, hold, lease, use, sell, encumber, transfer, or dispose of, in its own name, any real or personal property or interest therein. 5. Invest and reinvest funds of the Authority. 6. Enter into contracts of any kind, and execute all instruments necessary or convenient with respect to its carrying out the powers of the Act to accomplish the purpose of the Authority. 7. Expend such funds as may be available to the Authority for the purpose of developing facilities, including but not limited to (i) purchasing real estate; (ii) grading sites; (iii) improving, replacing and extending water, sewer, natural gas, electrical and other utility lines; (iv) constructing, rehabilitating, and expanding buildings; (v) constructing parking facilities; (vi) constructing access roads, streets, and rail lines; (vii) purchasing or leasing machinery and tools; and (viii) making any other improvements deemed necessary by the Authority to meet its objectives. 416 8. Fix and revise from time to time and charge and collect rates, rents, fees, AIM or other charges for the use of the facilities or for services rendered on connection with the facilities. 9. Borrow money from any source for any valid purpose, including working capital for its operations, reserve funds, or interest, mortgage, pledge, or otherwise encumber the property or funds of the Authority, and contract with or engage the services of any person in connection with any financing, including financial institutions, issuers of letter of credit, or insurers. 10. Issue bonds under the Act. 11. Accept funds and property from the Commonwealth, person, counties, cities, and towns and use the same for any of the purposes for which the Authority is created. 12. Apply for and accept grants or loans of money or other property from any federal agency for any of the purposes authorized in this chapter and expend or use the same in accordance with the directions and requirements attached thereto or imposed thereon by any such federal agency. 13. Make loans or grants to, and enter into cooperative arrangements with, ..,, any person, partnership, association, corporation, business or governmental entity in furtherance of the purpose of the Act, for the purposes of promoting economic and workforce development, provided that such loans or grants shall be made only from revenues of the Authority that have not been pledged or assigned for the payment of any of the Authority's bonds, and to enter into such contracts, instruments and agreements as may be expedient to provide for such loans, and any security therefor. The word "revenues" as used includes grants, loans, funds and property, as enumerated herein. 14. Enter in agreements with any other political subdivision of the Commonwealth for joint or cooperative actions in accordance with Section 15.2-1300, Code of Virginia, 1950, as amended. 15. Do all things necessary or convenient to carry out the purpose of the Act. 417 ARTICLE VI. PARTICIPATION AGREEMENTS FOR INDUSTRIAL FACILITIES The Act authorizes different mechanisms which the Authority may select to undertake in meeting the purposes listed above, but the primary purpose of this Authority is to establish Participation Agreements, by which industrial facilities may be constructed and developed in the Authority's membership area. The Authority may enter into Participation Agreements pursuant to Section 15.2-1300, et. seq., of the Code of Virginia. The Agreements shall be negotiated between all parties and be consistent with the powers granted by the Act. Such participation agreements may include participation by public and private entities not Member localities of the Authority. In no case, shall the full faith and credit of the Authority be pledged without the unanimous consent of the Member localities. Each Member locality may consider its terms in the participation in each proposed project. The cost for such Participation Agreements and any remuneration from the creation of a Participation Agreement shall only be shared by the Member localities that participate in the Participation Agreement in accordance with the participating agreements for that project. ARTICLE VII. • DONATIONS TO AUTHORITY; REMITTANCE OF TAX REVENUE A. Member localities are hereby authorized to lend, or donate money or other property to the Authority for any of its purposes. The Member locality making the grant or loan may restrict the use of such grants or loans to a specific facility owned by the Authority, within or without that Member locality. B. The governing body of the Member locality in which a facility owned by the Authority is located may direct, by resolution or ordinance that all tax revenues collected with respect to the facility shall be remitted to the Authority. Such revenues may be used for the payment of debt service on bonds of the Authority and other obligations of the Authority incurred with respect to such facility. The action of such governing body shall not constitute a pledge of the credit or taxing power of such Member locality. ARTICLE VIII. REVENUE SHARING AGREEMENTS Notwithstanding the requirements of Chapter 34 (Section 15.2-3400 et seq.), the Member localities may agree to a revenue and economic growth sharing arrangement with respect to tax revenues and other income and revenues generated by any facility owned by the Authority. The obligations of the parties to any such agreement shall not ` " be construed to be debt within the meaning of Articles VII, Section 10, of the 418 Constitution of Virginia. Any such agreement shall be approved by a unanimous vote of the governing bodies of the Member localities reaching such an agreement, but shall not require any other approval. ARTICLE IX. BOND ISSUES The Authority may at any time and from time to time issue bonds for any valid purpose, including the establishment of reserves and the payment of interest. According to the Act, "bonds" includes notes of any kind, interim certificates, refunding bonds or any other evidence of obligation. Any such bonds issued pursuant to the Act shall comply with all terms and conditions identified in Sections 15.2-6409, 15.2-6410, 15.2-6411 and 15.2-6412 of the Code of Virginia. ARTICLE X. ACCOUNTS AND RECORDS The accounts and records of the Authority showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes, provided that such accounts correspond as nearly as possible to ... the accounts and records for such mailers maintained by corporate enterprises. The accounts and records of the Authority shall be subject to audit pursuant to Section 30- 140, and the costs of such audit services shall be borne by the Authority. The Authority's fiscal year shall be the same as the Commonwealth's. ARTICLE Xl. DISSOLUTION OF AUTHORITY Any Member locality of the Authority may withdraw from the Authority only (i) upon dissolution of the Authority as set forth herein, or (ii) with majority approval of all other Member localities of the Authority, upon a resolution adopted by the governing body of such Member locality and after satisfaction of such Member locality's legal obligation, including repayment of its portion of any debt increased with refund to the Authority, or after making contractual provisions for the repayment of its portion of any debt incurred with refund to the Authority, as well as pledging to pay any general dues for operation of the Authority for the current and preceding fiscal year following the effective date of withdrawal. No Member locality seeking withdrawal shall retain, without the consent of a majority of the remaining Member localities, any rights to contributions made by such Member locality, to any property held by the Authority or to any revenue sharing as lag allowed by the Act. 419 Upon withdrawal, the withdrawing Member locality shall also return to the Authority any dues or other contributions refunded to such Member locality during its membership in the Authority. Whenever the Board determines that the purpose for which the Authority was created has been substantially fulfilled or is impractical or impossible to accomplish and that all obligations incurred by the Authority have been paid or that cash or sufficient amount of approved securities has been deposited for their repayment, or provisions satisfactory for the timely payment of all its outstanding obligations have been arranged, the Board may adopt resolutions declaring and finding that the Authority shall be dissolved. Appropriate attested copies of such resolutions shall be delivered to the Governor so that legislation dissolving the Authority may be introduced in the General Assembly. The dissolution of the Authority shall become effective according to the terms of such legislation. The title to all funds and other property owned by the Authority at the time of such dissolution shall vest in the Member localities which have contributed to the Authority in proportion to their respective contributions. ARTICLE XII. AUTHORITY OPERATIONS The Member localities shall establish and approve By-laws by which the Authority shall be operated for the benefit of all participating localities. The Authority may also establish Policies and Procedures and/or a User Agreement in order to manage its daily operations. IN WITNESS WHEREOF, the governing bodies identified, by authorized action, have caused this Agreement to be executed and their respective seals to be affixed hereto and attested by their respective clerks or secretaries commencing this day of , 2013. ATTEST: By: By: Date: Its: APPROVED TO FORM: Attorney 420 4. The City Manager is authorized to execute the Agreement, substantially in the form set forth in this Ordinance, and any and all requisite documents pertaining to ^" the creation of the authority, establishing the respective rights and obligations of the member localities with respect to the authority consistent with the provisions of Section 15.2-6400 et seq. of the Code of Virginia. 5. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: Wlift-Air>111-2 1� n�n) Stephanie M. Moon, MMC avi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. .-a No. 39782-102113. ,... A RESOLUTION confirming the City of Roanoke's irrevocable election not to participate in the Commonwealth of Virginia's Virginia Local Disability Program. WHEREAS, by enacting Chapter 11.1 of Title 51.1 of the Code of Virginia, the Virginia General Assembly has established the Virginia Local Disability Program ("VLDP") for the payment of short-term and long-term disability benefits for certain participants in the hybrid retirement program described in Virginia Code Section 51.1- 169; WHEREAS, for purpose of VLDP administration, an employer with VLDP eligible employees may make an irrevocable election on or before November 1, 2013, requesting that its eligible employees not participate in VLDP as of the VLDP effective date of January 1, 2014, because it has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees that meets or exceeds the coverage set out in Chapter 11.1 of Title 51.1 of the Code of Virginia, with the exception of long-term care coverage, by January 1, 2014; and WHEREAS, it is the intent of the City of Roanoke to make this irrevocable election to request that its eligible employees not participate in VLDP. 421 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby elects not to participate in VLDP because the City has or will establish, and continue to maintain, comparable employer-paid disability coverage for such employees. 2. 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 23218, with copies to the City Manager and Director of Human Resources prior to November 1, 2013. APPROVED QATTESST: J Vi • rradw Cl Stephanie M. Moon, MMC " Davi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39783-102113. AN ORDINANCE authorizing the conveyance of a permanent sanitary sewer easement over City-owned property located at 3303 Garst Mill Road, S. W., designated as Roanoke Tax Map No. 5030214, to the Western Virginia Water Authority, and the conveyance of permanent waterline easements across City-owned properties located on the east side of Garden City Boulevard, designated as Roanoke Tax Map Nos. 4360403, 4360404, 4360502, 4360504, 4360516 and 4360517, to the Western Virginia Water Authority, all such easements subject to the prior approval of the Federal Emergency Management Agency (FEMA) and the Virginia Department of Emergency Management (VDEM), 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: 422 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a permanent sanitary sewer easement over City-owned property located at 3303 Garst Mill Road, S. W., designated as Roanoke Tax Map No. 5030214, to the Western Virginia Water Authority, subject to the prior approval of FEMA and VDEM, and upon certain terms and conditions, in order to relocate a flood damaged sanitary sewer main, as more particularly set forth in the City Council Agenda Report dated October 21, 2013. 2. The City Manager is further authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of permanent waterline easements across City-owned properties located on the east side of Garden City Boulevard, designated as Roanoke Tax Map Nos. 4360403, 4360404, 4360502, 4360504, 4360516 and 4360517, to the Western Virginia Water Authority, subject to the prior approval of FEMA and VDEM, in order to support the relocation of a water treatment facility located on Tax Map No. 4360503, as more particularly set forth in the above referenced City Council Agenda Report. 3. All documents necessary for these conveyances shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second .-. reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: kHAtkitelie2 riotheu Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39784-102113. AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Virginia Museum of Transportation, Inc., for distribution of funds for capital improvements at the Transportation Museum; and dispensing with the second reading by title of this ordinance. rmub ..r 423 WHEREAS, by Resolution No. 39569-051313, adopted May 13, 2013, City Council approved the appropriation of $500,000.00 over five years ($100,000.00 each fiscal year) to support the capital requests of the Virginia Museum of Transportation, Inc. 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 a form approved by the City Attorney, an Agreement with Virginia Museum of Transportation, Inc., for distribution of funds for capital improvements at the Transportation Museum, all as more particularly set forth in the City Manager's Agenda Report to Council dated October 21, 2013. 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: C:Sporewers,„. kra7fLitt,ta:4> en Stephanie M. Moon, M'MC, n �J � David veers City Clerk / Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39785-102113. AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Jefferson Center Foundation, LTD., for distribution of funds for capital improvements at the Jefferson Center; and dispensing with the second reading by title of this ordinance. WHEREAS, by Resolution No. 39569-051313, adopted May 13, 2013, City Council approved the appropriation of $500,000.00 over five years ($100,000.00 each fiscal year) to support the capital requests of the Jefferson Center Foundation, LTD. 424 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 a form approved by the City Attorney, an Agreement with Jefferson Center Foundation, LTD., for distribution of funds for capital improvements at the Jefferson Center, all as more particularly set forth in the City Manager's Agenda Report to Council dated October 21, 2013. 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: rte. r/70-0-n) I`y� Stephanie M. Moon, MMC Davi. A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39786-102113. AN ORDINANCE to appropriate funding from the Federal and Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: i 425 Appropriations Teachers 302-120-0000-0000-1110-61100-41121-9-02 24,071.00 Retiree Health Credit 302-120-0000-0000-111G-61100-42200-9-02 313.00 Social Security 302-120-0000-0000-111G-61100-42201-9-02 1,841.00 Virginia Retirement System 302-120-0000-0000-111G-61100-42202-9-02 4,851.00 Health Insurance 302-120-0000-0000-1110-61100-42204-9-02 5,475.00 Group Life Insurance 302-120-0000-0000-111G-61100-42205-9-02 482.00 Travel/Mileage 302-120-0000-0000-111G-61100-45551-9-02 4,500.00 Contracted Services 302-180-0000-1170-373H-61310-43313-3-04 4,227.00 Planning Coordinator 302-110-0000-1000-372H-62150-41114-9-00 8,432.00 Social Security 302-110-0000-1000-372H-62150-42201-9-00 1,586.00 Professional Printing 302-110-0000-1000-372H-62150-43351-9-00 611.00 Travel/Mileage 302-110-0000-1000-372H-62150-45551-9-00 6,130.00 Postage 302-110-0000-1000-372H-62150-45521-9-00 3,781.00 Telecommunication 302-110-0000-1000-372H-62150-45523-9-00 16.00 Professional Development 302-110-0000-1000-372H-62150-46617-9-00 2,256.00 Supplies Office Supplies 302-110-0000-1000-372H-62150-46601-9-00 800.00 Visitor Management 302-110-0000-1070-316H-61110-45554-9-09 46,000.00 Software k. Computer Terminal & 302-110-0000-1070-316H-61110-45551-9-09 64,000.00 Peripherals Installation &Training 302-110-0000-1070-316H-61110-62000-9-09 15,000.00 Revenues Federal Grant Receipts 302-000-0000-0000-111G-00000-38027-0-00 41,533.00 State Grant Receipts 302-000-0000-1170-373H-00000-32602-0-00 4,227.00 State Grant Receipts 302-000-0000-0000-372H-00000-32422-0-00 23,612.00 State Grant Receipts 302-000-0000-0000-375H-00000-32400-0-00 100,000.00 Local Match 302-000-0000-0000-375H-00000-72000-0-00 25,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: yam, 4:4Ln:tit/ rittOvv Stephanie M. Moon, MMC David . Bowers City Clerk Mayor 426 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39787-102113. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Vickie H. Bibee, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2013; and WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Vickie H. Bibee is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing October 21, 2013, and expiring October 20, 2017. APPROVED ATTEST:�Q� .. Stephanie M. Moon, MMC I D . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39788-102113. A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke. WHEREAS, the Council is advised that the term of office of Brian K. Redd, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2013; and ^ 427 WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Brian K. Redd is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term commencing October 21, 2013, and expiring October 20, 2017. 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 October, 2013. No. 39789-102113. 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 13 - 16, 2013 in Seattle, Washington, 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: 'Y Ivy) Th. j* J �.,,,.,..... Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 428 r IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39790-102113. AN ORDINANCE amending and reordaining Ordinance No. 38708-011910, permanently vacating, discontinuing and closing, an alley off of 8th Street, N. W., adjacent to parcels bearing Official Tax Map Nos. 2032001, 2030801 and 2030803, under certain conditions, to extend the time period to November 20, 2013, in which to satisfy certain conditions of Ordinance No. 38708-011910; and dispensing with the second reading by title of this ordinance. WHEREAS, by adopting Ordinance No. 38708-011910 on January 19, 2010, City Council intended to allow the permanent vacation, discontinuance and closure of a certain portion of public right-of way situated in the City of Roanoke, under certain conditions, such portion of right-of-way being more particularly described as follows: An alley off of 8th Street, N. W., adjacent to parcels bearing Tax - Nos. 2032001, 2030801 and 2030803; WHEREAS, Ordinance No. 38708-011910 provided that the ordinance would be null and void, with no further action by City Council being necessary, if a certified copy of Ordinance 38708-011910 was not recorded, and if the Clerk's receipt, demonstrating recordation had occurred, was not filed with the City Engineer for the City of Roanoke, all within twelve (12) months from the effective date of that ordinance; WHEREAS, the effective date of Ordinance No. 38708-011910 was January 19, 2011, and no such recordation or filing occurred; WHEREAS, the Board of Trustees for Pilgrim Baptist Church filed a request dated September 3, 2013, requesting that Ordinance No. 38708-011910 be amended and reordained to extend the deadline for meeting certain conditions in such ordinance for a period of 30 days to allow all of such conditions to be met; WHEREAS, extending the time to November 20, 2013, for all conditions set forth in Ordinance No. 38708-011910 to be met will effectuate the purpose of Ordinance No. 38708-011910; and WHEREAS, notice of a public hearing consistent with Section 30-14 of the Code of the City of Roanoke (1979), as amended, has been published for a public hearing before City Council on October 21, 2013. 429 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that the last four (4) paragraphs of Ordinance No. 38708-011910 are amended to read and provide as follows: 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 Ordinance No. 38708-011910, adopted on January 19, 2010, and a certified copy of any ordinance amending Ordinance No. 38708-011910, 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 Ordinance No. 38708-011910 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 before November 20, 2013, then such ordinance, and any ordinance amending Ordinance No. 38708-011910, 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. BE IT FURTHER ORDAINED that Ordinance No. 38708-011910, as amended herein, is reordained. 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: ap hi • tier Stephanie M. Moon, MMC a . Bowers City Clerk Mayor 430 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of October, 2013. No. 39791-102113. A RESOLUTION authorizing the issuance of not to exceed one million nine hundred thousand dollars ($1,900,000.00) 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 financing the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of the Regional Center for Animal Control and Protection project on behalf of the City of Roanoke, the County of Botetourt, the County of Roanoke and the Town of Vinton (including refinancing existing indebtedness incurred with respect to such project). WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable to authorize the City to contract a debt and to authorize the issuance of not to exceed $1,900,000.00 principal amount of General Obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of financing the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and —. repair of the Regional Center for Animal Control and Protection Project (the "RCACP Project") on behalf of the City of Roanoke, the County of Botetourt, the County of me Roanoke and the Town of Vinton (including refinancing existing indebtedness incurred with respect to the RCACP Project); 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 financing the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement, equipping, rehabilitation and repair of the RCACP Project on behalf of the City of Roanoke, the County of Botetourt, the County of Roanoke and the Town of Vinton (including refinancing existing indebtedness incurred with respect to the RCACP Project), the City is authorized to contract a debt and to issue not to exceed $1,900,000.00 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"). _y 431 (b) The Bonds shall be issued in fully registered form and shall be numbered from No. R-1 upwards in order of issuance. There is hereby delegated to the City Manager and the Director of Finance of the City the authority, without further action of this Council, to fix the denomination or denominations of the Bonds, to sell the Bonds at competitive sale or negotiated sale (including private placement) at such price plus accrued interest and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance and, in connection with such sale of the Bonds, the City Manager and the Director of Finance are hereby authorized to make customary representations and warranties of the City to the purchaser or purchasers of the Bonds. There is hereby further delegated to the City Manager and the Director of Finance the authority to determine, in accordance with and subject to the provisions of this Resolution and without further action of this Council: the date or dates of the Bonds; the rate of interest per annum to be borne by the Bonds or the method for calculating the rate of interest to be borne by the Bonds from time to time, provided that in no event shall the true interest cost for the Bonds exceed 4%; the basis of computing interest on the Bonds (e.g., a 360-day year comprised of twelve 30-day months or a 365- or 366-day year and actual days elapsed or such other basis as shall be determined by the City Manager and the Director of Finance); the interest payment dates thereof; the maturity date or dates thereof (but in no event exceeding forty (40) years from their date or dates); the amount of principal maturing on each maturity date; the place or places of payment thereof and the paying agent or paying agents therefor; the place or places of registration, exchange or transfer thereof and the registrar therefor; and whether or not the Bonds shall be subject to redemption prior to their stated maturity or maturities and, if the Bonds shall be subject to redemption, the premiums, if any, payable upon such redemption; provided that no such premium shall exceed 2% of the principal amount of the Bonds, and the respective periods in which such premiums are payable and the forms, method and timing for giving notices of redemption of the Bonds. In addition to the foregoing, there is hereby further delegated to the City Manager and the Director of Finance the authority to determine, in accordance with and subject to the provisions of this Resolution and without further action of this Council, that the Bonds shall be subject to prepayment at a "make whole" price and that the Bonds shall bear interest at an increased interest rate upon the occurrence of an event of taxability with respect to the Bonds or an event of default with respect to the Bonds; provided, however, in no event shall such interest rate exceed 9% per annum. (c) The City Manager is hereby authorized, without further action of this Council, to execute and deliver a credit facility or loan agreement or line of credit financing agreement providing for the issuance of the Bonds as evidence of advances made thereunder in a principal amount not to exceed the principal amount of the Bonds authorized for issuance pursuant to Section 1(a) hereof and is hereby further authorized ' to cause to be paid on behalf of the City the fees and expenses payable to the issuer of such credit facility or loan agreement or line of credit financing agreement pursuant to the terms thereof. 432 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 an impression of the corporate seal of the City or an impression thereof embossed or imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) 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. 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 thereof. Interest on the Bonds shall be payable by check mailed to the registered owner or owners of such Bonds or, in the ^ event there is only one registered owner of the Bonds, by wire transfer. SECTION 5. 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 6. 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 7. The Bonds shall in such form as shall be approved by the City Manager and the Director of Finance. SECTION 8. 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 9. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. ^ 433 SECTION 10. This Resolution shall take effect upon its adoption. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor kb 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, • The 4`h day of November, 2013. No. 39792-110413. A RESOLUTION authorizing acceptance of the State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke Sheriffs Department by the Bureau of Justice Assistance Office in conjunction with the U. S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept the State Criminal Alien Assistance Program (SCAAP) Grant in the amount of$18,002.00 to the Roanoke City Sheriffs Department to partially fund the purchase a new inmate transport vehicle. Such grant being more particularly described in the City Council Agenda Report dated November 4, 2013. 2. The Sheriff and the City Manager are 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 Sheriff and the City Manager are further directed to furnish such additional information as may be required by the Bureau of Justice Assistance Office in connection with the acceptance of the foregoing grant. APPROVED ATTEST: J �� hZiNO Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor . 435 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, . . . The 4th day of November, 2013. No. 39793-110413. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Vehicular Equipment 35-140-5915-9010 $18,002.00 Revenues SCAAP FY14 35-140-5915-5915 18,002.00 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� y , Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2013. No. 39794-110413. A RESOLUTION accepting an award of Certified Local Government funding from the Virginia Department of Historic Resources in the amount of $17,500.00; and authorizing the City Manager to execute any documents and take any actions in connection with such award. S. 436 BE IT RESOLVED by the Council of the City of Roanoke as follows: . w 1. The City of Roanoke hereby accepts the Virginia Department of Historic Resources award of Certified Local Government funds in the amount of $17,500.00 for an educational workshop and conference and reimbursement to the City for certain expenses for attendance at such workshop and conference, which funds do not require any City matching funds, all of which is set forth in the City Manager's City Council Agenda Report dated November 4, 2013, to this Council. 2. The City Manager is hereby authorized to execute a Certified Local Government Grant Agreement 2013 - 2014, substantially similar in form to the Agreement attached to the above-referenced Agenda Report, and other documents required for the City to accept such funding, all of such documents to be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute such additional documents as may be necessary to obtain, accept, implement, administer, and use the above Certified Local Government Grant Funds in an amount of up to $17,500.00 for certain expenses for attendance at such workshop and conference, as set forth above, which funds do not require any City matching funds, all of which is set forth in the City Manager's City Council Agenda Report dated November 4, 2013, to this Council, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2013. No. 39795-110413. 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 2013 - 2014 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 437 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services -ARB 35-610-8172-2010 $ 17,500.00 Workshop Revenues Certified Local Government FY14 - ARB 35-610-8172-8172 17,500.00 Workshop Pursuant 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 Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2013. No. 39796-110413. AN ORDINANCE authorizing the issuance and execution of a Change Order by the City Manager to the City's Contract with Adams Construction Company for additional work on the Pheasant Ridge Road Pavement Reconstruction Project; authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Change Order to the above mentioned Contract, as well as the Contract itself; and dispensing with the second reading by title of this Ordinance. i. . 438 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to issue and execute a Change Order, approved as to form by the City Attorney, to the City's Contract with Adams Construction Company for additional work for the Pheasant Ridge Road Pavement Reconstruction Project in the amount of an additional $144,876.58, all as more fully set forth in the City Council Agenda Report dated November 4, 2013. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Change Order mentioned above, as well as the Contract itself. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor . 4 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2013. No. 39797-110413. A RESOLUTION authorizing the City Manager to execute an Energy Pulse Agreement between Appalachian Power Company (APCo) and the City of Roanoke; and authorizing the City Manager to take certain other actions in connection with 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 Energy Pulse Agreement between APCo and the City for APCo to provide certain equipment to the City to allow the City to better monitor the electricity reduction at certain City facilities during the City's utilization of the City's contract with EnerNOC, Inc., all as more fully set forth in the City Council Agenda Report dated November 4, 2013. Council acknowledges that such Agreement will contain a hold harmless and indemnity provision and a limitation of liability provision in favor of APCo, which is part of APCo's ,� 439 standard agreement for these type of matters. Such Agreement shall be substantially similar to the Agreement attached to the above mentioned Agenda Report and shall be approved as to form by the City Attorney. 2. The City Manager is authorized to take any such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to obtain, implement, administer, perform, and enforce the above mentioned Agreement. APPROVED ATTEST: / Wbtis .) Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2013. No. 39798-110413. A RESOLUTION authorizing the City Manager to execute an Agreement among Norfolk Southern Railway Company, Carilion Services, Inc., and the City of Roanoke that provides for the relocation of a Railway grade crossing and the realignment of part of Reserve Avenue; and authorizing the City Manager to take certain other actions relating to such Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute an Agreement among Norfolk Southern Railway Company, Carilion Services, Inc., and the City of Roanoke that will provide for the relocation of a Railway grade crossing and the realignment of part of Reserve Avenue, all as more fully set forth in the City Council Agenda Report dated November 4, 2013. Such Agreement shall be substantially similar to the one attached to such Agenda Report and shall be approved as to form by the City Attorney. 440 2. The City Manager is authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to complete the relocation of the Railway grade crossing and realignment of part of Reserve Avenue, and to implement, administer, and enforce the above mentioned Agreement, including any amendments or extension thereto. APPROVED ATTEST: Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2013. No. 39799-110413. AN ORDINANCE authorizing the City Manager to execute a ground lease agreement with Roanoke County ("County"), for the lease of a portion of that certain City-owned property located at 5401 Barns Avenue, N. W., Roanoke, Virginia, designated as a portion of Roanoke City Official Tax Map No. 6610101; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke ("City") currently operates its Police Academy located at 5401 Barns Avenue, N. W.; designated as Roanoke City Official Tax Map No. 6610101; WHEREAS, the County has elected to construct its Police Academy on the same property as the City's Police Academy and to connect its Police Academy with the City's Police Academy so that both Police Academies can utilize shared facilities; WHEREAS, the City and the County desire to enter into a ground lease to allow the County to construct and operate the County's Police Academy on this City owned parcel of property; and WHEREAS, in accordance with §15.2-1800 of the Code of Virginia (1950), as amended, a public hearing is not required for the lease of property between two Virginia localities. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: a 441 1. The City Manager and the City Clerk are hereby authorized, to execute and attest, respectively, in a form approved by the City Attorney, a ground lease agreement with Roanoke County, to lease a portion of that certain City-owned property located at 5401 Barns Avenue, N. W., Roanoke, Virginia, designated as a portion of Roanoke City Official Tax Map No. 6610101, to be used by the County to construct and operate its Police Academy, for a term of forty (40) years, at an annual rental of $1 per year, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated November 4, 2013. 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: 7 fr). p1TrJ j Stephanie M. Moon, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2013. No. 39800-110413. AN ORDINANCE authorizing the City Manager to execute an Operating Agreement ("Agreement"), with Roanoke County ("County") concerning the cooperative operation of the Police Academy for the City of Roanoke ("City") and the Police Academy for the County at the same location, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City currently operates its Police Academy located at 5401 Barns Avenue, N. W.; designated as Roanoke City Official Tax Map No. 6610101; WHEREAS, the County has elected to construct its Police Academy on the same property as the City's Police Academy and to connect its Police Academy with the City's Police Academy so that both Police Academies can utilize shared facilities; and 442 WHEREAS, the City and the County desire to enter into an Operating Agreement to facilitate the efficient operation of both Police Academies and to address the effective . and fair apportionment of the cost in operating and maintaining any shared facilities of the two Police Academies. 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 in operating and maintaining any shared facilities of the two localities Police Academies as are more particularly described in the City Council Agenda Report dated November 4, 2013. 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: Ati--24-ALQ--) • . n O 0Y.J Stephanie M. Moon, MMC I Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of November, 2013. No. 39801-110413. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2014 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; 443 WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 4, 2013, recommended to Council a Legislative Program to be presented at the 2014 Session of the General Assembly; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 4, 2013, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2014 Session of the General Assembly. 2. A joint meeting of the School Board and City Council will be held on Monday, December 2, 2013, at 9:00 a.m., to present the 2014 Legislative Program to the Senators and Delegates. APPROVED ATTEST: c Stephanie M. Moon, MMC1 Court G. Rosen City Clerk Vice-Mayor .. 444 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, • The 18th day of November, 2013. No. 39802-111813. A RESOLUTION accepting the FY 2013 State Homeland Security Program Grant from the Virginia Department of Emergency Management (VDEM), to the City; authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; and authorizing the City Manager to execute any documentation required to accept the grant 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 2013 State Homeland Security Program Grant offered by the VDEM in the amount of$325,000.00, to allow the eight (8) local law enforcement agencies (Roanoke City Police Department, Roanoke City Sheriff's Office, Roanoke County Police Department, Roanoke County Sheriff's Office, Vinton Police Department, Salem Police Department, Virginia Western Community College Police Department, and Western Virginia Regional Jail) to connect their records management systems with LinX in order to access and share information throughout the Commonwealth. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated November 18, 2013. 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 as more particularly set forth in the above referenced City Council Agenda Report. 3. 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. 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 d A. Bowers City Clerk Mayor 445 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39803-111813. AN ORDINANCE to appropriate funding from the Department of Homeland Security through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the State Homeland Security Program Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 35-640-3669-9015 $ 325,000.00 Revenues State Homeland Security Grant FY14 35-640-3669-3669 325,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 4 < 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 November, 2013 No. 39804-111813. AN ORDINANCE allowing an encroachment requested by the Virginia Museum of Transportation, Inc. ("VMT"), to place and display a' 5' x\8''sculpture in the City's public right-of-way located at the intersection of Norfolk Avenue S. E. and Market Street, S. E., in downtown Roanoke, at the entrance to the southern end of the pedestrian bridge which connects the downtown market area to the Hotel Roanoke and Conference Center, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. 446 BE IT ORDAINED by the Council of the City of Roanoke that: ^+ 1. Authorization is hereby granted to the Virginia Museum of Transportation, .. Inc. ("VMT"), to allow the encroachment of a 5' x 8' sculpture, as part of the Virginia Tourism Corporation's "LOVEworks" initiative, to be placed in the City's public right-of- way located at the intersection of Market Street, S. E., and Norfolk Avenue, S. E., at the entrance to the southern end of the pedestrian bridge which connects the downtown market area to the Hotel Roanoke and Conference Center, adjacent to City owned property designated as Official Tax Map No. 4010118, for the purpose of celebrating Roanoke's railway history, as more particularly set forth and described in the City Council Agenda Report dated November 18, 2013. 2. It is agreed by the VMT that in maintaining such encroachment, VMT and its grantees, assignees, or successors in interest agree to indemnify and save harmless the City of Roanoke, its officers, agents, and employees from any and all claims for injuries or damages to persons or property, including attorney's fees, that may arise by reason of the above-described encroachment. VMT agrees that the encroachment shall be removed at any time from the right of way upon written demand of the City of Roanoke, and that such placement and removal of the encroachment shall be at the sole cost and expense of VMT. VMT agrees that it shall repair, restore, and replace any damage to the sculpture, and any damage to the land, caused by the placement and removal of the encroachment, at VMT's sole cost and expense. 3. The VMT, its grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $2,000,000.00 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this ordinance to the Virginia Museum of Transportation, Inc., 303 Norfolk Avenue, S. W., Roanoke, Virginia 24016. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by the VMT has been admitted to record, at the cost of the VMT, in the Clerk's Office of the Circuit Court for the City of Roanoke and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 3 above is on file in the Office of the City Clerk. In the event this Ordinance is not signed by VMT and recorded in the Circuit Court Clerk's Office for the ^� City of Roanoke within (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. .. 447 6. 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 avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39805-111813. An ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Queen Avenue — Court land Road 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 Queen Avenue — Court land Road Drainage Improvement Project, in the general vicinity of the 600, 700, and 800 blocks of Queen Avenue N. W.; the 2200 block of Lyndhurst Street N. W.; and the 2700, 2800, 2900, and 3100 blocks of Court land Road, N. W., and surrounding streets, the City wants and needs certain real property rights, to include temporary construction and/or permanent easements of variable length and width, and fee simple acquisitions, and such other real property interests as needed, as set forth in the Agenda Report to this Council dated November 18, 2013. 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 and any other real property parcels needed for the Project for such consideration as the City Manager may deem appropriate. All requisite documents shall be approved as to form by the City Attorney. 448 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcel(s) 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, recordation fees, and other related 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 appropriate acquisition documents, approved as to form 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: (2511.•.....A.As," Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39806-111813. AN ORDINANCE authorizing the conveyance of a new 33,600 square foot permanent sanitary sewer easement, with an approximate width of thirty (30) feet across City-owned property, located along Mill Mountain Spur Road, designated as Roanoke Official Tax Map Nos. 4070507 and 4081201, to the Western Virginia Water Authority ("Authority"), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 449 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a new 33,600 square foot permanent sanitary sewer easement across City-owned property, located along Mill Mountain Spur Road, designated as Roanoke Official Tax Map Nos. 4070507 and 4081201, to the Authority, and to be installed at the sole cost of the Authority for the purpose of serving the City of Roanoke's Mill Mountain facilities, Mill Mountain Zoo, and the Crystal Spring Aquifer, and as more particularly set forth in the City Council Agenda Report dated November 18, 2013. 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: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39807-111813. A RESOLUTION amending the Reserve and Debt Management Policies of the City of Roanoke. WHEREAS, on November 1, 2010, Council, by the adoption of Resolution No. 39000-110110, approved and adopted Reserve and Debt Management Policies of the City; WHEREAS, on January 3, 2012, Council, by the adoption of Resolution No. 39290-010312, amended the Reserve and Debt Management Policies to conform to the Governmental Accounting Standards Board Statement No. 54; WHEREAS, after review of the current Reserve and Debt Management Polices by Public Finance Management, Inc., changes were recommended to simplify funding priorities and set realistic reserve funding targets; and M 4 450 WHEREAS, Council desires to amend the Reserve and Debt Management Policies of the City as set forth in the report of the Director of Finance dated November 18, 2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Reserve and Debt Management Policies of the City of Roanoke, adopted by Council on November 1, 2010, and as amended on January 3, 2012, are amended to simplify funding priorities and set realistic reserve funding targets, all as more fully set forth in the Director of Finance's City Council Agenda Report dated November 18, 2013. 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 November, 2013. •-•.. No. 39808-111813. An ORDINANCE adding Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke (1979), as amended; authorizing the City Manager to take appropriate actions to facilitate an effective transition and implement the Ordinance; providing for effective dates; and dispensing with the second reading by title of this Ordinance. WHEREAS, during the past several years, City Council and City Staff have periodically held briefings, discussions, and studied the establishment of a Stormwater Utility for the City and the need for such Utility; WHEREAS, during the past year, City Council has been briefed by City Staff on the need for the establishment of a Stormwater Utility for the City in order to address significant stormwater capital projects within the City, increase maintenance of the City's stormwater infrastructure, and to comply with emerging Federal and Commonwealth of Virginia environmental regulations; WHEREAS, during City Council's most recent briefing on September 3, 2013, by City Staff on the Stormwater Utility matter, it was recommended that the establishment of a Stormwater Utility for the City move forward and allow Council to consider adopting a Stormwater Utility Ordinance in order to create such a Utility; and 451 WHEREAS, Council has held a public hearing in accordance with Section 15.2- - 2114(B) of the Code of Virginia (1950), as amended, on October 21, 2013, at which public hearing citizens were afforded the opportunity to present their opinions and views in support of or in opposition to the proposed the Stormwater Utility Ordinance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Adding a new Chapter 11.5, Stormwater Utility, to the Code of the City of Roanoke (1979), as amended, to read and provide as follows: CHAPTER 11.5 STORMWATER UTILITY Sec. 11.5-1. Authority and effective date. The City is authorized by the provisions of § 15.2-2114, Code of Virginia (1950), as amended, to establish a utility to support stormwater management activities consistent with the Virginia Stormwater Management Act, § 10.1-603.1 et seq., Code of Virginia (1950), as amended, and other state and federal stormwater regulations. This Chapter shall be effective July 1, 2014, with the initial stormwater utility fee bill due and payable on or before October 5, 2014 in the same manner prescribed in § 32-16 et seq., Code of the City of Roanoke (1979), Real Estate Taxes. Notwithstanding, the City Manager is authorized to develop policies, procedures, and manuals necessary to implement this Chapter in accordance with § 11.5-2 and to accept applications for credits in accordance with § 11.5-7 prior to July 1, 2014. Sec. 11.5-2. Purpose and organization. City Council finds that an adequate, sustainable source of revenue for stormwater management activities is necessary to protect the general health, safety, and welfare of the residents of the City. Further, Council finds that parcels, as that term is defined in Appendix A to the City's Zoning Ordinance, § 36.2-100 et seq., Code of the City of Roanoke (1979) (City Code), with higher amounts of impervious surfaces contribute greater amounts of stormwater and pollutants to the City's stormwater management system and that the owners of such parcels should carry a proportionate burden of the cost of such system. Therefore, Council determines that a stormwater utility (utility) based on a parcel's impervious surface cover is in the best interest of the public. ° The utility shall be operated under the direction of the City Manager, who shall organize, direct, and manage the utility, including the development of necessary policies, procedures, and manuals as authorized by this Chapter. 452 Sec. 11.5-3. Stormwater utility fee. (a) There is hereby established a stormwater utility fee (fee) imposed on all improved parcels in the City that exist on January 1 of each year regardless of whether the parcel is subject to taxation under § 32-16 et seq., Code of the City of Roanoke (1979), Real Estate Taxes. All revenue from the fee shall be deposited into a stormwater utility enterprise fund for the sole purpose of funding the activities described in § 11.5-5. (b) The monthly utility fee rate for each billing unit as defined in § 11.5-10 shall be set by City Council by separate resolution or with the adoption of the City budget. Each improved parcel in the City shall be charged in accordance with § 11.5-6. (c) Except as otherwise provided in this Chapter, the impervious surface of a parcel shall be determined by the City using one or more of the following, at the discretion of the City Manager: aerial photography; as-built drawings; final approved site plans; building permits; field surveys; or other appropriate engineering and mapping analysis tools. Sec. 11.5-4. Exemptions. Notwithstanding § 11.5-3 above, the following parcels shall be exempt from the stormwater utility fee: (a) Unimproved parcels as defined in § 11.5-10; (b) Parcels owned by a federal, state, or local government, or public entity, that holds a permit to discharge stormwater from a municipal separate storm sewer system, except that this exemption shall apply only to parcels or portions of parcels covered by any such permit and shall not apply to parcels owned and maintained by the City of Roanoke that are not otherwise exempt under subsection (c) below; and, (c) Public roads and street rights-of-way that are owned and maintained by the Commonwealth of Virginia, the City of Roanoke, or a local agency, including property rights-of-way acquired through the acquisitions process. Sec. 11.5-5. Stormwater utility enterprise fund. There shall be established a stormwater utility enterprise fund (fund) from the deposit of all fees, charges, and other revenue collected by the utility, as well as any other revenue as may be determined by Council or the City Manager, ^+ including but not limited to grants and special appropriations. The fund shall be used exclusively to pay or recover costs for the following: 453 (a) The acquisition by gift, purchase, or condemnation, as authorized by law, of real and personal property, and interest therein, necessary to construct, operate, and maintain stormwater control facilities; (b) The cost of administration of such programs; (c) Planning, design, engineering, construction, and debt retirement for new facilities and enlargement or improvement of existing facilities, including the enlargement or improvement of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; (d) Facility operation and maintenance, including the maintenance of dams, levees, floodwalls, and pump stations, whether publicly or privately owned, that serve to control stormwater; (e) Monitoring of stormwater control devices and ambient water quality monitoring; and (f) Other activities consistent with the state or federal regulations or permits governing stormwater management, including, but not limited to, public education, watershed planning, inspection and enforcement activities, and pollution prevention planning and implementation. Sec. 11.5-6. Stormwater utility fee calculation. (a) Except as otherwise provided, the minimum stormwater utility fee shall be the rate established for one billing unit and shall be calculated for each parcel in the following manner: (1) Determine the impervious surface of the parcel in square feet. (2) Divide the impervious surface of the parcel by the billing unit. (3) Round the resulting calculation to the nearest whole number to determine the number of billing units. (4) Multiply the number of billing units determined in subsection (3) above by the rate established in § 11.5-3 to obtain the stormwater utility fee for the parcel. 454 (b) Where a parcel with impervious surface is held in common ownership, the fee shall be calculated in accordance with subsection (a) above. The City Manager may directly bill the entity responsible for the parcel held in common ownership, or distribute the resulting fee equally among those owning an interest in the parcel held in common ownership. In addition, the City Manager, in his or her sole discretion, may develop alternative methodologies for billing a parcel held in common ownership on a case- by-case basis. Sec. 11.5-7. Stormwater utility fee credits. Section 15.2-2114.B, Code of Virginia (1950), as amended, recognizes that a continued investment in an on-site stormwater management facility results in a reduced impact on the public stormwater management system. The City Manager is authorized to adopt policies, procedures, and manuals necessary to implement, administer, and enforce this section. (a) Credit Eligibility. Only on-site stormwater management facilities meeting the following criteria are eligible for a credit against the stormwater utility fee: (1) The parcel owner must submit a Credit Application Form provided by the City in accordance with subsection (c) below. (2) The parcel owner must maintain the structure and function of a stormwater management facility and operate the stormwater management facility. (3) The parcel owner must have a properly executed maintenance agreement with the City that has been properly recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. (4) The parcel owner must demonstrate to the City's satisfaction that the facility is functioning as originally designed. The structure must be maintained to the satisfaction of the City Manager in accordance with the properly executed maintenance agreement. 455 (5) The facility must have met the criteria in existence at the time of construction in at least one of the following sections of the City Code, or their predecessor sections of the City Code, if applicable: (i) § 11.4-16, Water Quality; or (ii) Both § 11.4-17, Stream Channel Erosion, and § 11.4-18, Flooding. (6) Facilities that do not meet the minimum criteria in subsection (5) above may still be considered on a case-by-case basis at the discretion of the City Manager if it is demonstrated that the facility achieves a permanent reduction in post-development stormwater flow and pollutant loading. The credit may be prorated based on an analysis of the benefits of the reduction. (7) The City Manager shall have the discretion to modify one or more of the credit eligibility requirements set forth in this section for residential credit applications, including establishing the definition of residential properties for purposes of residential credit applications. The definition of residential properties entitled to submit residential credit applications and any such other modifications shall be included in the policies, procedures, or manuals adopted by the City Manager pursuant to this Section 11.5-7. (b) Credit Amounts. (1) The maximum credit allowed is 50% of the total annual stormwater utility fee, except as provided in subsection (6) below. (2) For an on-site stormwater management facility, the credit amount is based on the amount of impervious surface located on the parcel draining to the facility, and not the total amount of impervious surface cover on the parcel. (3) Credits for on-site stormwater management facilities are as follows if the facility was required under the provisions of Chapter § 11.4, Stormwater Management, of the City Code: (i) A ten percent (10%) credit is allowed if the facility, or facilities, provide water quality benefits in accordance with § 11.4-16 of the City Code. 456 (ii) A ten percent (10%) credit is allowed if the facility, or facilities, provide both stream channel erosion control benefits in accordance with § 11.4-17 of the City Code and flood control benefits in accordance with § 11.4-18 of the City Code. (4) At the City Manager's discretion, a credit of up to five percent (5%) in addition to that provided in subsection (3) above may be granted for a facility that achieves benefits above those required by the City Code. (5) If an on-site stormwater management facility is part of a voluntary retrofit, the amount of credit the facility is eligible to receive in accordance with subsections (3) and (4) above shall be doubled. (6) The owner of an eligible facility that treats off-site impervious surface located within the City may take a credit for treating the off- site impervious surface. The off-site credit amount shall be calculated in the same manner as if the facility was located on the off-site parcel. However, in no case shall the total credit exceed the total amount of the annual stormwater utility fee charged to the parcel owner. (c) Application and Maintenance Verification. (1) There is no fee for credit application. (2) To apply for the initial credit for an on-site stormwater management facility, the parcel owner must submit, at his or her own expense, a Credit Application Form to be provided by the City Manager. The Credit Application Form shall require the following information: (i) A description of the type of facility (or facilities), the stormwater control standard met by the facility, and the year the facility was built; (ii) A drainage area map, drawn to scale, for the facility showing the drainage boundaries and the impervious area treated by the facility in square feet; (iii) As-built or other acceptable engineering plans for the facility; (iv) A narrative of the known maintenance history of the facility, • including routine maintenance and significant structural maintenance and repair; 457 (v) A copy of the City's standard maintenance agreement that has been executed by the City and properly recorded in the land records of the Office of the Clerk of the Circuit Court of the City of Roanoke. If there is no existing facility maintenance agreement, (vi) Information on any public funds used to construct, repair, upgrade, or retrofit the facility, including the amount and the date(s); (vii) Calculations to determine the monetary amount of the claimed credit; and (viii) A completed inspection checklist certifying that the facility is functioning as originally designed. "Functioning as originally designed" means that the facility is operating in accordance with the original design specifications, regardless of the standard in effect at the time of the installation. The checklist must be signed and sealed by a Professional Engineer. The inspection checklist shall be no more than one year old at the time of application. (3) Once approved, the parcel owner will continue to receive the credit as long as the facility continues to function as originally designed, and subject to reporting requirements established by the City Manager. The City Manager may revoke the credit if an inspection by the City Manager or a designated representative determines that the facility is no longer being properly maintained or functioning as designed. Such revocation will be effective thirty (30) days after the City Manager has notified the parcel owner in writing of the deficiency(s) and if the problems are not resolved. The revocation may be delayed for an additional period, at the discretion of the City Manager, provided that the parcel owner is diligently pursuing work to eliminate deficiencies. (4) Any maintenance or functional deficiencies must be remedied at the owner's expense before a facility may qualify, or re-qualify (after revocation), for a credit. 458 (5) The City Manager shall have the discretion to modify the application and maintenance verification criteria and the Credit a Application Form for residential credit applications, including the definition of residential properties qualified to submit residential credit applications and any such other modifications shall be included in the policies, procedures, or manuals adopted by the City Manager pursuant to this Section 11.5-7. (d) Public Improvements to Private Facilities. A privately owned and operated facility that was constructed or upgraded using City provided funds shall be treated in the following manner: (1) Newly Constructed Facility. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the facility was constructed using private funds equals or exceeds the City's investment. (2) Existing, Non-Functioning Facility Upgraded to Function Properly. The parcel owner shall not be eligible for a credit until such time that the cumulative amount of credit that otherwise would have been allowed if the upgrade or retrofit was constructed using private funds equals or exceeds the City's investment. (3) Existing, Functioning Facility Upgraded and Eligible for Higher Credit. The parcel owner shall be eligible for the original credit. At such time that the cumulative difference between the original credit and the higher credit equals or exceeds the City's investment, the parcel owner shall also be eligible for the higher credit. (e) Credit for Industrial Stormwater Permits. Subject to the maximum credit in subsection (b)(1) above, a ten percent (10%) credit is allowed for any parcel, or portion of a parcel, that is subject to, and in compliance with, an individual or general Virginia Pollutant Discharge Elimination System industrial stormwater permit issued in accordance with 9VAC25-31-120, Virginia Administrative Code, as amended. To apply for the initial credit, the parcel owner must provide the City Manager with proof of permit coverage, the date of permit expiration, and a cover letter affirming that the parcel is in full compliance with the permit requirements. The credit will expire on permit expiration unless the parcel owner provides proof to the City Manager that the permit has been renewed. . a 459 (f) Affirmative Duty and Timing. It is the sole responsibility of the parcel owner to apply for a credit in accordance with policies, procedures, and manuals adopted by the City Manager. A credit that is approved by January 1 of a given year thereafter will be applied in full to the upcoming billing cycle. Sec. 11.5-8. Billing, penalties, and interest. (a) The stormwater utility fee shall be billed and payable on the same schedule as prescribed in § 32-18, Code of the City of Roanoke (1979), Real Estate Taxes, and shall be subject to the same penalties and interest as prescribed in § 32-19, unless a petition for adjustment has been submitted and is under active consideration by the City Manager in accordance with § 11.5-9 below. The stormwater utility fee may be billed separately or may be combined with other billings, and, when combined, payment will be applied first to the stormwater utility fee and then to all other taxes and fees, as determined by the City Treasurer, in accordance with § 15.2-2114.G, Code of Virginia (1950), as amended. (b) A delinquent stormwater utility fee, along with cumulative interest and penalties, shall constitute a lien on the parcel ranking in parity with liens for unpaid taxes and shall be collected in the same manner as provided for the collection of unpaid real estate taxes. Sec. 11.5-9. Petitions for adjustments. (a) Any parcel owner may request an adjustment of the stormwater utility fee by submitting a request in writing to the City Manager no later than thirty (30) days after the date the bill is mailed or issued to the parcel owner. Grounds for adjustment are limited to the following: (1) An error was made regarding the square footage of impervious surface; (2) The parcel is exempt under the provisions of§ 11.5-4; (3) There is a mathematical error in the fee calculation; (4) The identification of the parcel owner invoiced is in error; or (5) An approved credit was incorrectly applied. 460 (b) The parcel owner shall complete a Stormwater Utility Fee Adjustment application form supplied by the City Manager. (c) If the request for adjustment is regarding an error in the measured impervious surface, a plan view of the parcel's impervious surface must be submitted with the application, and shall be prepared at the owner's expense. The plan must meet the following criteria: (1) The plan must show all impervious surfaces and label their dimensions within the parcel boundaries; and (2) The plan must be signed and sealed by a Professional Engineer or Professional Land Surveyor licensed in the Commonwealth of Virginia attesting to the accuracy of the impervious surface measurements. (d) The requirement for a plan view of the parcel's impervious surfaces required in subsection (c) above may be waived, if in the sole discretion of the City Manager the error is obvious and is the result of a technical error or oversight by the City. In such case, the City shall be responsible for recalculating the impervious surface of the parcel. (e) The City Manager shall make a determination within thirty (30) days of _ .. receipt of a complete submittal for the request for adjustment. In the event that the City Manager finds that the appeal is deficient or incomplete, the City Manager shall offer the owner thirty (30) days to supply the missing information from the time of the determination. If the information is not provided to the City Manager within the additional thirty (30) day period, the request will be deemed withdrawn. (f) The City Manager's decision on a fee adjustment petition is a final decision from which an aggrieved party may appeal to the Circuit Court of the City of Roanoke within thirty (30) days after the date of such decision, after which time no further appeal shall be allowed. Sec. 11.5-10. Definitions. Words and terms used in this Chapter, and which are defined in Section 11.4-30 of the City Code, shall have the meaning ascribed to such words and terms as set forth in Section 11.4-30 of the City Code, except as provided below, or the context clearly indicates otherwise. 461 (a) Billing unit means five-hundred (500) square feet of impervious surface. (b) Impervious surface means any area improved, graded, and/or surfaced with impervious material or resulting in impervious conditions. An impervious material or condition is present when the natural infiltration of water into the soil is significantly impeded or prevented. An impervious surface includes that portion of the land surface covered by an elevated structure, such as a bridge or deck, regardless of whether the land surface itself remains pervious or impervious. (c) Improved parcel means any parcel regardless of zoning district, zoning classification, or land use that has two hundred fifty (250) or more square feet of impervious surface. (d) Unimproved parcel means any parcel regardless of zoning district, zoning classification, or land use that has less than two hundred fifty (250) square feet of impervious surface. END OF CHAPTER 11.5 2. The City Manager is hereby authorized to take all steps necessary and/or advisable, in his or her discretion, to implement an effective transition of Chapter 11.5 of the Code of the City of Roanoke (1979), as amended, prior to the effective date of Chapter 11.5, including, but not limited to, developing policies, procedures, and manuals necessary to implement Chapter 11.5, accepting applications for stormwater utility fee credits, and proposing to City Council a stormwater utility fee. Any proposal for a stormwater utility fee that the City Manager may propose will be acted on by Resolution by City Council or with the adoption of the City Budget. All fees and expenses incurred prior to July 1, 2014, will be included as City of Roanoke General Fund or Capital Projects expenditures funded by local revenue. 3. Paragraph 1 of this Ordinance shall be in full force and effect on and after July 1, 2014. 4. Paragraph 2 of this Ordinance shall be in full force and effect upon passage of this Ordinance. 462 5. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. --• APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39809-111813. A RESOLUTION paying tribute to Dr. Robert H. Sandel, President of Virginia Western Community College, on being selected as the City of Roanoke's 2013 Citizen of the Year. WHEREAS, Dr. Sandel, who hails from Orangeburg, South Carolina, earned his bachelor's degree from The Citadel, his master's degree from South Carolina State University, and his doctorate from the University of South Carolina; WHEREAS, prior to time at Virginia Western Community College, Dr. Sandel was president of Mountain Empire Community College in Big Stone Gap, Virginia; WHEREAS, Dr. Sandel has been a Roanoke City resident for 13 years; WHEREAS, under Dr. Sandel's leadership, Virginia Western Community College took great strides to make college possible for any student by securing a $5 million donation from the Horace G. Fralin Charitable Trust to create an endowment for scholarships in the fields of science, technology, engineering, mathematics and healthcare (STEM-H), and by establishing the Community College Access Program (CCAP), which provides a full two years of tuition to area high school graduates region- wide; WHEREAS, Dr. Sandel oversaw extensive new construction at Virginia Western Community College in 2012 - 13, including the Fralin Center for Science and Health Professions which opened for classes in Fall 2013; --. a 463 WHEREAS, Dr. Sandel has been an exemplary community college educator for ` more than 30 years; and WHEREAS, Dr. Sandel has given unselfishly of his time and energy to impact the quality of life for the entire Roanoke Community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council adopts this Resolution to recognize, commend, and applaud Dr. Robert H. Sande) as the City of Roanoke's 2013 Citizen of the Year. 2. The City Clerk is directed to forward an attested copy of this resolution to Dr. Robert H. Sandel APPROVED ATTEST: Stephanie M. Moon, MMC David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39810-111813. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Roanoke Gospel Outreach, Inc., an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date, and dispencing with the second reading by title of this Ordinance. WHEREAS, Roanoke Gospel Outreach, Inc., (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 November 18, 2013; 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; 464 WHEREAS, the provisions of subsection C of Section 58.1-3651, Code of Virginia (1950), as amended, have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation (a) is certain personal property, including machinery, tools, and equipment, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis, and (b) for personal property that may be acquired by the Applicant shall be used by the Applicant exclusively for charitable or benevolent 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 Roanoke Gospel Outreach, Inc., as a charitable, religious, or benevolent organization within the context of Section 6(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired 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 personal property in accordance with the purposes which the Applicant has designated or classified in its application. 2. This Ordinance shall be in full force and effect on January 1, 2014. 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 Scott Lyons, President, Roanoke Gospel Outreach, Inc. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: +-n . reiow Stephanie M. Moon, MMC vid . Bowers City Clerk Mayor 465 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39811-111813. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by United Methodist Community Outreach Program of Roanoke, Virginia, an organization devoted exclusively to charitable or benevolent purposes on a non-profit basis; providing for an effective date, and dispensing with the second reading by title of this Ordinance. WHEREAS, United Methodist Community Outreach Program of Roanoke, Virginia, (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 November 18, 2013; 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 provisions of subsection C of Section 58.1-3651, Code of Virginia (1950), as amended have been satisfied with respect to exemption of personal property by classification; and WHEREAS, the Applicant agrees that the personal property to be exempt from taxation (a) is certain personal property, including machinery, tools, and equipment, which shall be used by the Applicant exclusively for charitable or benevolent purposes on a non-profit basis, and (b) for personal property that may be acquired by the Applicant shall be used by the Applicant exclusively for charitable or benevolent 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 United Methodist Community Outreach Program of Roanoke, Virginia, as a charitable, religious, or benevolent organization within the context of Section 6(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired 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 personal property in accordance with the purposes which the Applicant has designated or classified in its application. 466 2. This Ordinance shall be in full force and effect on January 1, 2014. 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 Rebecca S. Parsons, Executive Director, United Methodist Community Outreach Program of Roanoke, Virginia. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: c)CC YjM,w.,,a,� Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39812-111813. AN ORDINANCE authorizing the City Manager to enter into a management agreement with Global Spectrum, LP, that includes a lease agreement, for a term of five (5) years, subject to a renewal term not to exceed five (5) years upon the mutual agreement of the parties, in connection with Global Spectrum, LP's proposed management of the Roanoke Civic Center; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on November 18, 2013, 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: . . 467 1. The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, a management agreement with Global Spectrum, LP, that includes a lease agreement, in connection with Global Spectrum, LP's management of the Roanoke Civic Center, for a term of five (5) years, subject to a renewal term not to exceed five (5) years upon the mutual agreement of the parties, such term to commence on January 1, 2014. The agreement shall include the lease of 7,484 square feet, more or less, of City-owned property, to be used as office space, at the Roanoke Civic Center, located at 710 Williamson Road, N. E., Roanoke, Virginia, and designated as Official Tax Map No. 3024004, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated November 18, 2013. 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: buyJ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39813-111813. AN ORDINANCE authorizing the City Manager to execute Amendment One to the agreement for the purchase and sale of real property, dated September 18, 2012 ("Agreement"), by and between the City of Roanoke, Virginia ("City"), and 5311 Holdings, LLC ("5311 Holdings"), which provides for the conveyance of a portion of City- owned property designated as Official Tax Map No. 1130901, to conform the Agreement with the intent of the parties; and dispensing with the second reading by title of this ordinance. WHEREAS, the City and 5311 Holdings, entered into the Agreement for the sale of City-owned property located at 802 Wiley Drive, S. W., Roanoke, Virginia, and designated as a portion of Official Tax Map No. 1121401, commonly known as the Old Transportation Museum Site, as authorized by Ordinance No. 39512-091712, which contract provided only for conveyance of Official Tax Map No. 1121401, 468 WHEREAS, a subdivision plat was subsequently prepared by the parties dated October 17, 2013, which created Lot 1A, the parcel intended to be conveyed by the parties to 5311 Holdings pursuant to the terms of the Agreement, -� WHEREAS, the subdivision plat revealed that Lot 1A included a small portion of an adjoining parcel of City-owned property designated as Official Tax Map No. 1130901, the conveyance of which was not reflected in the sales agreement between the parties, or authorized by Council in the prior ordinance, WHEREAS, the parties desire that City Council authorize the conveyance of that portion of Official Tax Map No. 1130901 which comprises a portion of Lot 1A, to 5311 Holdings, and amend the Agreement to conform the description of the property to be conveyed to 5311 Holdings with the intent of the parties; and WHEREAS, a public hearing was held on November 18, 2013, 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 as follows: 1. The City Manager is hereby authorized to execute Amendment One to the the Agreement, which provides for the conveyance of that portion of Official Tax Map No. 1130901 which comprises a part of Lot 1A as shown on the subdivision plat entitled "Resubdivision Plat for City of Roanoke, Virginia, Showing 4.41 Acres (D.B. 632, Page 50) and 1.703 Acre (D.B. 632, Page 50) Map Showing Properties Acquired for Bridge Site (D.B. 632, Page 54 and Roanoke City Plan No. 3238) Creating Hereon Parcel 1A 1.0790 Acres, Parcel 2A 4.0467 Acres, Right of Way 0.3286 Acre, Situate 802 Wiley Drive, S. W., City of Roanoke, Virginia," dated October 17, 2013, to 5311 Holdings, and which conforms the description of the property in the Agreement to reflect the intent of the parties; as more fully described in the City Council Agenda Report dated November 18, 2013 and the subdivision plat attached to such report. All documents shall be upon form approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. APPROVED ATTEST: 0 ' 1 �dUYJ ouw...ti� Stephanie M. Moon, MMC David A. owers City Clerk Mayor 469 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39814-111813. A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas within it; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendment. WHEREAS, the State has notified localities that any Enterprise Zone that expires on December 31, 2015, is not likely to be renewed. Enterprise Zone Two and its Subzones A and B will expire on December 31, 2015, and it is not anticipated to be renewed, thereby eliminating program eligibility for all current property owners and business owners in Enterprise Zone Two and its Subzones A and B; WHEREAS, there are certain areas currently located within the City's Enterprise Zone Two that would benefit by deleting them from Enterprise Zone Two and including such areas within Enterprise Zone One A's Subzone B; WHEREAS, the deletion of certain areas as part of the City's Enterprise Zone Two, as set forth above, has a potential to continue to stimulate significant private sector investment within the City in Enterprise Zone One A's Subzone B to which such businesses will be redesignated and industrial investment can continue in the area; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendment, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendment to Enterprise Zone Two. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for an amendment to the City's Enterprise Zone Two, which amendment will delete certain areas currently within such Zone area. Such boundary amendment is more fully shown on the map(s) attached to the City Council Agenda Report dated November 18, 2013, and more fully described in such Report. 470 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendment to the City's «-- existing Enterprise Zone Two pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendment will delete certain areas currently within Enterprise Zone Two, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendment to the City's Enterprise Zone Two for the Department's review and consideration and to take such further action as may be necessary and/or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendment as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone Two. 5. Any such approved boundary amendment will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: . bib iNO Stephanie M. Moon, MMC vi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of November, 2013. No. 39815-111813. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzones A and B that will delete certain areas currently within them; that will delete in its entirety Subzone A to Enterprise Zone One A; that will add certain areas not currently within them to Enterprise Zone One A and its Subzone B; authorizing the City Manager to apply to the 471 Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A and its Subzones A and B that are not utilizing and are not benefiting from the inclusion of such areas within such Zone areas; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone B that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Council Agenda Report dated November 18, 2013; WHEREAS, deletion of the entirety of Enterprise Zone One A's Subzone A strategically removes underutilized areas in such Subzone A that will then allow for the addition of active acreage that is being deleted from Enterprise Zone Two, together with the addition of one parcel that is being deleted from Subzone A of Enterprise Zone One A; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; WHEREAS, the deletion of certain areas and the addition of certain areas as part of the City's Enterprise Zone One A and its Subzones A and B, as set forth above, has a potential to stimulate significant private sector investment within the City.in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A, its Subzone B, and the deletion in its entirety of its Subzone A. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 472 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzones A and B, which amendments will delete certain areas currently within Zone One A and its Subzone B and which will add to Zone One A and its Subzone B additional areas which are currently outside such Zone areas. Such boundary amendments will also delete in its entirety Enterprise Zone One A's Subzone A. Such amendments are more fully shown on the map(s) attached to the City Council Agenda Report dated November 18, 2013, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzones A and B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A and its Subzone B, delete in its entirety Zone One A's Subzone A, and add to Zone One A and its Subzone B certain areas not currently within them, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise Zone One A and its Subzones A and B, including the deletion in its entirety of Subzone A, for the Department's review and consideration and to take such further action as may be necessary and/or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A and its Subzone B. 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 473 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2013. No. 39816-120213. A RESOLUTION closing certain City offices Tuesday, December 24, 2013, 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 Tuesday, December 24, 2013. 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 Tuesday, December 24, 2013. 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 Tuesday, December 24, 2013, such employees, regardless of whether they are scheduled to work Tuesday, December 24, 2013, 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 (12) hours of holiday time due to their work schedule for this day. 474 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, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2013. No. 39817-120213. A RESOLUTION in Support of the Marketplace Fairness Act. WHEREAS, local retailers have been hurt in recent years by online and catalog purchases by customers who believe they get a discount by not paying sales tax; WHEREAS, a brick-and-mortar retailer collects the sales tax at the time of purchase in a store, but the responsibility for paying the tax from an online purchase shifts to the Internet customer who should pay the sales tax when filing an annual state tax return; WHEREAS, most taxpayers are not aware of the responsibility to remit these taxes, and state and local governments do not have the resources to enforce payment putting retailers located in Roanoke at a 5.3 percent competitive price disadvantage to remote sellers; WHEREAS, the current taxation system creates an unlevel playing field between internet-based retailers and Roanoke-based retailers; 475 WHEREAS, the unlevel playing field and tax collection loophole given to online- only retailers deprives local economies of precious financial resources for providing services such as schools, public safety, and infrastructure; WHEREAS, local brick and mortar retailers serve as a foundation of our economy and are permanent, engaged members of the community who employ our citizens, support neighborhood charities and organizations, and contribute to the City; WHEREAS, the Supreme Court's decision in Quill Corp. v. North Dakota, 504 U.S. 298 (1992), left state and local governments unable to adequately enforce their existing sales tax laws on sales by out-of-state catalog and online sellers; WHEREAS, the Court did state that Congress had the constitutional authority to pass legislation overruling its decision; WHEREAS, if Congress acts to regulate interstate commerce, state and local governments could collect taxes owed on Internet and mail order sales amounting to an estimated $23 billion annually; WHEREAS, the Marketplace Fairness Act would grant states the authority to require out-of- state online and catalog retailers to collect sales taxes at the time of a transaction - exactly like local retailers are already required to do; WHEREAS, the Act would only grant this authority to states that simplify their sales tax laws in order to ease compliance; and WHEREAS, the Marketplace Fairness Act was passed by the United States Senate on a bipartisan vote of 69 to 27 on May 6, 2013. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke urges the United States House of Representatives to adopt the Marketplace Fairness Act (S743 and HR684) to level the playing field for local retail businesses by allowing individual states the authority to streamline their sales tax laws and collect sales taxes directly from online retailers. • 476 2. The City Clerk is directed to provide attested copies of this Resolution to the offices of the Honorable Mark Warner, United States Senator, the Honorable Timothy Kaine, United States Senator, the Honorable Robert Goodlatte, Member of Congress, and the Honorable Morgan Griffith, Member of Congress. APPROVED iATTEST: ), ti44--.-414-2 Stephanie M. Moon, MMC ` avi . Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 2nd day of December, 2013. No. 39818-120213. A RESOLUTION requesting that the General Assembly support a First Day Introduction requirement for Bills with Local Fiscal Impacts. WHEREAS, many local governing bodies in Virginia have an ever-growing concern about the impact on localities of state mandates and cost shifting; WHEREAS, Section 30-19.03 of the Code of Virginia states that the Commission on Local Government shall prepare and publish a statement of fiscal impact for "any bill requiring a net additional expenditure by any county, city, or town, or...any bill requiring a net reduction of revenues by any county, city, or town, is filed during any session of the General Assembly"; WHEREAS, numerous bills fitting this criteria have been submitted and gone through the legislative process without review for local fiscal impacts due to limited time and resources to review these bills during the General Assembly session; WHEREAS, it is also recognized that a need exists for additional time and resources to provide such information during the tight procedural confines of the current legislative process; and WHEREAS, we believe it is critical that lawmakers have better and timelier information on the fiscal impact to localities when they consider bills and budget items. 477 2. The City Clerk deliver attested copies of this Resolution to the Honorable William J. Howell, Speaker of the House of Delegates, the Honorable William T. Bolling, President of the Senate, and the Honorable Ralph S. Northam, Lieutenant Governor Elect. APPROVED ATTEST: siy<2.c?, Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE VIRGINIA, The 2nd day of December, 2013. No. 39819-120213. A RESOLUTION accepting the resignation of Ann H. Shawver as Director of Finance for the City of Roanoke on May 15, 2014, and authorizing, ratifying and confirming the execution of any and all documents necessary to accept and finalize such resignation by the Chair of the City's Personnel Committee, Anita Price, and Council Member, Dr. David Trinkle. WHEREAS, Ann H. Shawver, in anticipation of completing twenty (20) years' service to the City of Roanoke, has tendered her resignation as Director of Finance for the City of Roanoke effective May 15, 2014; and WHEREAS, the Council for the City of Roanoke wishes to accept Ms. Shawver's resignation. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council does hereby accept the resignation of its Director of Finance, Ann H. Shawver effective May 15, 2014. 478 2. City Council does hereby authorize, ratify and confirm the execution of any and all documents on behalf of the Council and the City of Roanoke necessary to accept the resignation of Ann H. Shawver effective May 15, 2014, and to facilitate the transition of the Department of Finance, in a form approved by the City Attorney by its Chair of the Personnel Committee, Anita Price, and Council Member Dr. David Trinkle. APPROVED ATTEST: WALs) Or) . Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39820-121613. A RESOLUTION paying tribute to Lavern L. Shepherd on the occasion of her retirement upon thirty-four years of service with the City of Roanoke. WHEREAS, Ms. Shepherd, a native of Roanoke, began working for the City of Roanoke in summer of 1979, as a seasonal employee for the Parks and Recreation Department; WHEREAS, Ms. Shepherd continued working as a seasonal employee during the summers of 1980, 1981, and 1984; WHEREAS, Ms. Shepherd went on to work in the Roanoke Department of Human Services in September, 1982, in the Fuel Assistance Program; WHEREAS, Ms. Shepherd worked for the Department of Human Services for 16 years, after which time she accepted a position in the Registrar's Office for the City of Roanoke; WHEREAS, Ms. Shepherd has worked in the Registrar's Office since 1998, holding the positions of Assistant Registrar for Voter Registration, Deputy Registrar, and Acting General Registrar before being named General Registrar; WHEREAS, Ms. Shepherd was appointed General Registrar by the City of Roanoke Electoral Board on January 1, 2010; 479 WHEREAS, Ms. Shepherd is a graduate of Brandon Secretarial College and received her Business Administration Accounting Certification in May, 1982; WHEREAS, Ms. Shepherd is the proud mother of an 18 year old son, J.K., and wife to Joe Shepherd; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council expresses its sincere appreciation to Lavern L. Shepherd for her dedicated service to the citizens of the City of Roanoke, Virginia. 2. City Council adopts this Resolution to congratulate Lavern L. Shepherd on her retirement from the City of Roanoke. 3. City Council instructs the City Clerk to forward an attested copy of this Resolution to Ms. Shepherd. APPROVED ATTEST: \ Att-ratta:Stephanie M. Moon, MMC Davi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39821-121613. A RESOLUTION acknowledging and recognizing Workforce Investment Act ("WIA") funding from the Virginia Community College System in the amount of $1,487,685.00 for the Adult, Dislocated Worker and Youth program for the award period of July 1, 2013 — June 30, 2015, the WIA Incentive Award in the amount of $2,500.00 for the award period of July 1, 2013 — June 30, 2014, and additional WIA funding in the amount of $30,000.00 for the Dislocated Worker program for the award period of June 24, 2013 — June 30, 2014, the foregoing funding to be administered by the Western Virginia Workforce Development Board ('WDB"). WHEREAS, pursuant to the Workforce Investment Act, federal funding is .-- provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated December 16, 2013; 480 WHEREAS, on February 28, 2013, the WDB was designated as the fiscal agent for WIA funds and administers the federal funds provided by WIA through the Virginia Community College System for Area 3, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; WHEREAS, WIA funding for the award period July 1, 2013 — June 30, 2015, in the amounts of $1,487,685.00 and $2,500.00, will be allocated, respectively, for the Adult, Dislocated Worker and Youth program, and the WIA Incentive Award for outstanding performance, as designated in the City Council Agenda Report dated December 16, 2013; WHEREAS, additional WIA funding for the award period June 24, 2013 — June 30, 2014, in the amount of $30,000.00 will be allocated for the WIA Dislocated Worker program as designated in the City Council Agenda Report dated December 16, 2013; and WHEREAS, the WDB requires an acknowledgment and recognition by the City of WIA funding in order for the WDB to administer such funding. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, WIA funding in the amount of $1,487,685.00 from the Virginia Community College System, with no local match from the City, to be used during the award period of July 1, 2013, through June 30, 2015, for the purpose of administering WIA programs for the Adult, Dislocated Worker and Youth client populations, as more particularly set out in the City Council Agenda Report dated December 16, 2013. 2. Council further acknowledges and recognizes for the purpose of administering the WDB, WIA Incentive Award funding in the amount of $2,500.00, with no local match from the City, for outstanding performance by the WDB for the award period of July 1, 2013, through June 30, 2014, to be used for WIA client populations. 3. Council further acknowledges and recognizes for the purpose of administering the WDB, additional WIA funding in the amount of $30,000.00, with no local match from the City, for the award period of June 24, 2013 — June 30, 2014, to be used for the Dislocated Worker client population. 4. The City Manager is directed to furnish such additional information as may be required in connection with the acknowledgement and recognition of the foregoing funding. 481 5. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. 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 December, 2013. No. 39822-121613. A RESOLUTION accepting a Community Catalyst Funds of Foundation for Roanoke Valley (FRV) Arts at Work Grant; approving and confirming the application process for such FRV Grant; authorizing the City Manager to sign any documents required by the FRV to accept such Grant; authorizing the City Manager to sign any Subgrant Agreement with the Roanoke Symphony Orchestra ("RSO"); and authorizing the City Manager to provide additional information, to take any necessary actions and to execute any additional documents needed to obtain, accept, receive, implement, administer, and use such funds. WHEREAS, in 2013, the City, with support from the Roanoke Arts Commission, applied for and subsequently received an Arts at Work Grant from the FRV in the amount of Forty Thousand Dollars ($40,000.00); and WHEREAS, City staff recommends that the City add an additional contribution of $20,000.00 from the City's grant matching account, all as further set forth in the City Council Agenda Report dated December 16, 2103. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby accepts the Community Catalyst Funds of Foundation for Roanoke Valley (FRV) Arts at Work Grant in the amount of Forty Thousand Dollars ($40,000.00), with the City providing a contribution of Twenty Thousand Dollars ($20,000.00) in additional funds, all as more fully set forth in the City Council Agenda Report dated December 16, 2103. 482 2. City Council hereby approves and confirms the application process for the FRV Grant as set forth in the above Agenda Report and authorizes the City Manager to sign any documents required by the FRV to accept such Grant, including the on-line Grant Terms and Conditions Agreement referred in such Agenda Report. 3. The City Manager is authorized to sign a Subgrant Agreement with the Roanoke Symphony Orchestra on such terms as the City Manager deems appropriate in order to allow the RSO to assist the City in the management and administration of such Grant and City funds. 4. The City Manager is further authorized to provide any additional information, to take any necessary actions, and to execute any additional documents needed to obtain, accept, receive, implement, administer, and use any of the FRV Grant and additional City funds, including any additional Subgrant Agreements that may be needed to use such funds. 5. The Subgrant Agreement with the RSO mentioned above together with any other documents and/or any other Subgrant Agreements mentioned above are to be approved as to form by the City Attorney. APPROVED ATTEST: AL.9-Pitnit hi. OthJ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39823-121613. AN ORDINANCE to appropriate funding from the Foundation for Roanoke Valley for the Arts at Work Grant, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 483 Appropriations Overtime 35-310-8147-1003 $ 1,347.00 FICA 35-310-8147-1120 103.00 Fees for Professional Services 35-310-8147-2010 46,000.00 Advertising 35-310-8147-2015 8,300.00 Supplies 35-310-8147-2066 250.00 Equipment Rental/Lease 35-310-8147-3070 9,000.00 Revenues Arts at Work Grant FY14 - FRV 35-310-8147-8147 40,000.00 Arts at Work Grant FY14 - City 35-310-8147-8148 20,000.00 Arts at Work Grant FY14 - Other 35-310-8147-8149 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: " o am. Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39824-121613. AN ORDINANCE to appropriate funding from the Federal governments grants for various educational programs, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 484 Appropriations Instructional Supplies 302-110-0000-1070-134H-61100-46614-3-09 $ 5,000.00 Coordinator 302-160-0000-1304-101H-61100-41124-9-07 3,148.00 Teachers 302-160-0000-1304-101 H-61100-41121-9-07 19,497.00 Social Security 302-160-0000-1304-101 H-61100-42201-9-07 1,492.00 One Stop Service 302-160-0000-1304-101 H-61100-45586-9-07 ( 8,500.00) Revenues Federal Grant 302-000-0000-0000-134H-00000-38010-0-00 5,000.00 Receipts Local Match 302-160-LMAT-0000-101H-00000-72000-0- 3,148.00 00 Federal Grant 302-000-0000-0000-101H-00000-38002-0- 12,489.00 Receipts 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 l David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39825-121613. A RESOLUTION appointing two (2) Board Members and two (2) alternate Board Members to the Western Virginia Regional Industrial Facility Authority, and fixing the term of the two (2) Board Members and two (2) alternate Board Members. WHEREAS, by Ordinance No. 39781-102113 adopted October 21, 2013, City Council authorized the creation of the Western Virginia Regional Industrial Facility Authority, an Authority to be established under the Virginia Regional Industrial Facilities Act by the City, the Town of Vinton, the City of Salem, the County of Roanoke, the County of Botetourt, and the County of Franklin (collectively, the "Member Localities"); • 485 WHEREAS, the Member Localities have execute the Agreement Creating the Western Virginia Regional Industrial Facility Authority and are in the process of filing a copy of the Agreement and copies of the ordinances adopted by the Member Localities with the Secretary of the Commonwealth pursuant to Section 15.2-6402, Code of Virginia (1950), as amended; and WHEREAS, pursuant to Article II of the Agreement Creating the Western Virginia Regional Industrial Facility Authority and Section 15.2-6403 (A) of the Virginia Regional Industrial Facilities Act, Chapter 64 of Title 15.2 of the Code of Virginia (1950), as amended, the governing body of each of the Member localities shall appoint two (2) Board Members and two (2) alternate Board Members to the Authority. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The following named persons be and each such person is hereby appointed by this Council as a Board Member or alternate Board Member of the Western Virginia Regional Industrial Facility Authority, each such named person to take and hold office as a board member of the aforesaid Authority upon certification by the Secretary of the Commonwealth pursuant to Section 15.2-6402, and thereafter for the term hereinafter set out opposite the name of such person: Christopher P. Morrill, Board Member, for a four-year term; Wayne Bowers, Board Member, for a two-year term; R. Brian Townsend, Alternate Board Member, fora four-year term; and Robert Ledger, Alternate Board Member, for a two-year term; Each of whom shall before entering on his duties as a Board Member of said Authority, take the oath prescribed by Section 49-1, Code of Virginia (1950), as amended. 2. The City Clerk is directed to forward an attested copy of this Resolution to the aforementioned Board Members and to the Secretary of the Western Virginia Regional Industrial Facility Authority. APPROVED ATTEST: ( Y Afrgif2ALA-Ihri • intiO1)\-3 Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 486 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39826-121613. 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, SS Acquisition, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have a portion of the property located at 1609 Hershberger Road, N. W., bearing Official Tax Map No. 6660108, rezoned from Commercial-Large Site District (CLS), to Commercial-General District (CG); 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 December 16, 2013, 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 Map No. 6660108, located at 1609 Hershberger Road, N. W., and described as follows: BEGINNING at a point on the western right-of-way of Hershberger Road, N. W., said point being the northeast corner of lands now or .. formerly owned by Lowe's Home Center, Inc., as recorded in Deed Book 1669, Page 186; thence, along the northern line of 487 aforementioned Lowe's Home Center, Inc., along and simple curve to the left having a radius of 3,711.54 feet, an arc length of 148.43 feet and a chord bearing and distance of North 15° 25' 31" West 148.42 feet to a point; thence along a new property line the following four (4) calls: 1) North 81° 11' 18" East 45.55 feet to a point; thence 2) South 08° 48' 42" East 11.44 feet to a point; thence 3) North 81° 11' 18" East 119.63 feet to a point; thence 4) South 67° 01' 50" East 39.11 feet to a point on the southern line of Southwest Virginia Savings, as recorded in Deed Book 1430, Page 1671; thence along said southern line South 09° 24' 32" East 120.54 feet to a point on the western right-of-way of Hershberger Road, N. W.; thence along and with said right-of-way South 82° 32' 36" West 29.83 feet to a point; thence South 82° 50' 51" West 152.83 feet to the true point and place of BEGINNING, containing 0.61 acres more or less. be and is hereby rezoned from Commercial-Large Site District (CLS), to Commercial- General District (CG), as set forth in the Zoning Amended Application No. 1 dated November 6, 2013. 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: MA:Ajbrl-TYptv.%) Q Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39827-121613. AN ORDINANCE authorizing the vacation of an existing storm water drainage easement across property owned by Ivy View, LLC ("Owner"), designated as Roanoke Official Tax Map Nos. 1150106, 1150108 and 1150109, located north of the intersection of Wonju Street, S. W., and Franklin Road, S. W., at the Owner's request; and dispensing with the second reading by title of this ordinance. 488 WHEREAS, the Owner requested the City to vacate a storm water drainage easement held by the City in order to allow for development of the Owner's property; WHEREAS, the Owner will accept the full responsibility for maintaining storm water drainage pursuant to a Deed of Vacation and Agreement if the existing storm water drainage easement is vacated; and WHEREAS, a public hearing was held December 16, 2013, 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 vacation of the public utility easement. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute a Deed of Vacation and Agreement and such other necessary documents providing for the vacation of an existing storm water drainage easement across property owned by Ivy View, LLC, designated as Roanoke Official Tax Map Nos. 1150106, 1150108 and 1150109, located north of the intersection of Wonju Street, S. W., and Franklin Road, S. W., at the Owner's request, in order to permit the Owner to further develop such properties, upon the terms and conditions as more particularly set forth in the City Council Agenda Report dated December 16, 2013. Such terms and conditions shall include the acceptance of full responsibility of maintaining storm water drainage by the Owner, and its successors and assigns. 2. All documents necessary for this vacation 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: Artpelin". rh- r)--)00 -3 Ca)Ce::25R0,,"Anr.......,_ Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 4 489 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39828-121613. AN ORDINANCE authorizing the proper City officials to execute a contract to amend, restate, and replace an existing contract with South Commonwealth Partners, LLC, and the necessary documents to sell to South Commonwealth Partners, LLC, a portion of the 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, a portion of Air Rights above the Market Garage, and certain easements, all of which are a part of Official Tax Map No. 4015004 ("Market Garage"), together with certain other easements on City-owned parcels abutting the Market Garage, such other parcels are situated at 106 Franklin Road, S. E., Official Tax Map No. 4015003 ("Adjacent Parcel"), and 13 Church Avenue, S. E., Official Tax Map No. 4011706 ("Fire House Parcel"), upon certain conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; reordaining Ordinance No. 39485-082012 adopted August 20, 2012, only to the extent not inconsistent with this Ordinance; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Council of the City of Roanoke adopted Ordinance No. 39485- 082012, adopted on August 20, 2012, in which the Council approved the terms of a Sales Contract between the City and South Commonwealth Partners, LLC, pursuant to which Sales Contract the City agreed to sell a portion of City-Owned property located at 25 Church Avenue, S. E., Roanoke, Virginia, consisting of an approximately 11,500 square foot portion of commercial retail space within the Market Garage and a portion of Air Rights located above the Market Garage, along with certain easements within the Market Garage; WHEREAS, the City and South Commonwealth Partners, LLC, executed the Sales Contract which was dated August 29, 2012; WHEREAS, the City and South Commonwealth Partners, LLC, executed an Amendment No. 1 to the Sales Contract dated July 29, 2013, under which the City and South Commonwealth Partners, LLC, extended the term of the Sales Contract to December 31, 2013; WHEREAS, the City and South Commonwealth Partners, LLC, have negotiated changes to the Sales Contract and desire to amend, restate, and replace the Sales Contract with the First Amended and Restated Contract for Sale of Real Estate (Amended Sale Contract), which includes provisions for certain other easements; 490 WHEREAS, the Council, after proper advertisement, held a public hearing on the above matters on December 16, 2013, pursuant to Sections 15.2-1800 and 15.2-1813, and 15.2-2030 and 15.2-2204, Code of Virginia (1950), as amended, at which hearing all parties and interested entities were afforded the 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. City Council hereby approves the terms of the Amended Sale Contract as set forth in the City Council Agenda Report dated December 16, 2013, which Amended Sale Contract amends, restates, and replaces the Sales Contract approved by City Council by Ordinance No. 39485-082012, and provides for certain undertakings and obligations by South Commonwealth Partners, LLC, as well as certain undertakings and obligations by the City. City Council further finds that the sale of such property together with the necessary easements, 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, deliver, and perform the Amended Sale 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, a portion of the Air Rights located above the Market Garage, and certain easements within the Market Garage, and certain other easements on the Adjacent Parcel and the Fire House Parcel, all upon certain terms and conditions as set forth in the Amended Sale Contract attached to the City Council Agenda Report dated December 16, 2013. Such Amended Sale 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, execute, deliver, and implement such further documents and agreements and take such further actions as may be necessary to implement, administer, and enforce such Amended Sale Contract, and to negotiate, execute, deliver, and implement any other agreements or documents related to this matter, which may include, but which are not limited to: 491 (a) Deed of Sale; (b) Condominium documents and assignment of rights under such condominium documents including, without limitation, the assignment of "special declarant rights" as defined in Section 55- 79.41, Code of Virginia (1950), as amended, and subject to the City Utility Service Easement; (c) Parking Agreement; (d) A development, construction, maintenance, and operation agreement; (e) One or more grant performance agreements which may include the Economic Development Authority of the City of Roanoke, Virginia, (EDA) as a party; (f) Documents related to the refinancing of the tax-exempt obligations identified in the City Council Agenda Report; (g) Documents related to the collateral assignment of certain rights of South Commonwealth Partners, LLC, to its lender; (h) Extension or modification documents; and/or (i) Such other documents as the City Manager deems appropriate. 4. The form of the other documents referred to above and in the above mentioned City Council Agenda Report are to be approved as to form by the City Attorney. 5. Ordinance No. 39485-082012, adopted August 20, 2012, is hereby reordained to the extent that such Ordinance is not inconsistent with this Ordinance. In the event of any inconsistency, the provisions of this Ordinance shall control. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. 7. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: gfri-tt-:-.4> 1-50thid C QC , Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 492 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39829-121613. AN ORDINANCE accepting the bid of South Commonwealth Partners, LLC, a South Carolina limited liability company (Developer), to acquire, buy, execute, and accept certain easements on City-owned properties identified as Official Tax Map Nos. 4015004 (25 Church Avenue, S. E.), 4015003 (106 Franklin Road, S. E.), and 4011706 (13 Church Avenue, S. E.), as set forth in a Deed of Certain Air Rights, Deed of Condominium Units, and Deed of Easements (Deed), upon certain terms and conditions; authorizing the City Manager to execute such Deed; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Deed and to accomplish such matters, including the granting and sale of such easements and the sale of the Certain Air Rights and Condominium Units; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution, grant, and delivery of the Deed to grant certain easements on one or more of the City- Owned properties described above and the sale of Certain Air Rights and Condominium Units; WHEREAS, City Council has adopted an ordinance dated December 16, 2013, authorizing the City Manager, on behalf of the City, to execute, deliver, and perform a First Amended and Restated Contract for Sale of Real Estate (Sale Agreement) with Developer and Developer has agreed to execute, deliver, and perform the Sale Agreement; WHEREAS, only one bid for the execution of a Deed for acquisition of easements and other matters for the purposes mentioned above was received pursuant to the advertisement and such bid was opened at the City Council meeting held on December 16, 2013; WHEREAS, on December 16, 2013, Developer submitted a bid to the City for the acquisition, execution, grant, and delivery of the Deed in order to develop, construct, operate, and maintain a hotel consisting of at least 123 rooms and not more than 130 rooms at the Market Garage, 25 Church Avenue, S. E., upon substantially similar terms as contained in the proposed Deed that was on file in the City Clerk's Office; WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with the Developer as to the final terms and conditions for such Deed; 493 WHEREAS, negotiations between the City Manager and Developer have resulted in a Deed that provides for the grant and transfer of(i) Certain Air Rights above the Market Garage (Official Tax Map No. 4015004) (Air Rights), (ii) two (2) Condominium Units within the Market Garage (Condominium Units); and (iii) twenty-five (25) easements affecting one or more City- owned properties (Official Tax Map Nos. 4015004, 4015003, or 4011706) for the development, construction, operation, and maintenance of a hotel consisting of at least 123 rooms and not more than 130 rooms on top of the Market Garage (Easements); WHEREAS, the Easements (other than three (3) Temporary Construction Easements) to be granted pursuant to the terms and conditions of the Deed have terms of 40 or 60 years commencing upon execution of the Deed; WHEREAS, the terms, conditions, and obligations of the grantee under the Deed are more particularly described in the City Council Agenda Report dated December 16, 2013; WHEREAS, the City Manager recommends that Council accept the bid of Developer and approve the execution and delivery of such Deed, a copy of which is attached to the City Council Agenda Report dated December 16, 2013; WHEREAS, after proper and timely notice by advertisement as required by the Code of Virginia, Council held a Public Hearing on this matter at its regular meeting on December 16, 2013, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Deed; WHEREAS, City Council determined that the bid of Developer to acquire, buy, execute, and accept a Deed as set forth above, upon certain terms and conditions, was the only responsive and responsible bid received by the City and Council desires to accept such bid; and WHEREAS, after closing the Public Hearing, Council believes the sale of the Certain Air Rights, Condominium Units, and granting the Easements mentioned above will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of Developer and hereby makes a grant and an award for the Easements set forth in the Deed to Developer, subject to certain terms and conditions as further noted in the City Council Agenda Report dated December 16, 2013, and upon such other terms and conditions as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to grant and award the Easements as set forth in the proposed Deed and will help in promoting economic development in downtown Roanoke. City Council also agrees to 494 sell and transfer to Developer the Certain Air Rights of the City above the Market Garage and the Condominium Units within the Market Garage and assign the City's rights as declarant under the Declaration of Condominium for Market Garage Condominium that created the Condominium Units, including the "special declarant rights" pursuant to Section 55-79.41, Code of Virginia (1950), as amended, as referred to in the City Council Agenda Report dated December 16, 2013. 2. The City Manager is hereby authorized to execute and deliver a Deed in which the City (i) sells and transfers, in fee, Certain Air Rights of the City above the Market Garage (Official Tax Map Number to be given after sale); (ii) sells and transfers, in fee, two (2) Condominium Units (Official Tax Map Numbers to be given after sale) and assigns all rights in the condominium documents, including the "special declarant rights" as defined in Section 55-79.41 of the Code of Virginia (1950), as amended, the conveyance of the Condominium Units being subject to the City Utility Services Easement as set forth in the Deed; and (iii) provides for Twenty-five (25) Easements for limited purposes and uses affecting one or more of the following City-owned properties: Official Tax Map No. 4015004 (25 Church Avenue, S. E.), Official Tax Map No. 4015003 (106 Franklin Road, S. E.), or Official Tax Map No. 4011706 (13 Church Avenue, S. E.) (each of these Easements are further described in the City Council Agenda Report dated December 16, 2013) for the development, construction, operation, and maintenance of a hotel with at least 123 rooms, but not more than 130 rooms (Hotel) to be constructed by the Developer. Such Deed shall be substantially similar to the one attached to the above mentioned City Council Agenda Report and upon such other terms as the City Manager deems appropriate and agrees to. Such Deed shall be approved as to form by the City Attorney. The bond or security to be provided to the City by the Developer shall be in such form and amount as the City Manager deems appropriate. 3. Except for the temporary construction easements, the terms of each of the other Easements are either 40 years or 60 years and are set forth in the Deed and in the City Council Agenda Report dated December 16, 2013, and each of these Easements will expire automatically upon the expiration of its respective term. The temporary construction easements will expire automatically upon issuance of a permanent certificate of occupancy for the Hotel by the City's Department of Planning, Building and Development. 4. The City Manager is further authorized to execute, implement, administer, and enforce a Performance Agreement for Hotel Development, Construction, Operation, and Maintenance which Developer has agreed to execute, deliver, and perform as condition of its bid, and Council reaffirms the authority provided to the City Manager as set forth in Ordinance Number 39485-082012, adopted on August 20, 2012, as such was amended and reordained by an ordinance adopted by Council on December 16, 2013. Such agreement shall be approved as to form by the City Attorney. 495 5. The City Manager is further authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Deed and the Hotel Performance Agreement, and to accomplish the above matters and complete the sale of the above mentioned Certain Air Rights and Condominium Units and transfer the above mentioned Easements. Such actions and/or document execution include, but are not limited to, assignment of the City's rights as the declarant under the Declaration for Market Garage Condominium to the Developer, including the "special declarant rights" as defined in Section 55-79.41 of the Code of Virginia (1950), as amended, any needed modifications to such Deed and/or the Hotel Performance Agreement, modifications or amendments to any of the Easements granted pursuant to the Deed, provided such Easements are substantially similar to the Easements which are in furtherance of the development of the Hotel Project as described in the above-mentioned City Council Agenda Report, and agreements among the City, the Developer, and the lender for the Developer as described in the above mentioned City Council Agenda Report. The City Manager is expressly authorized to execute documents, including deeds of correction and/or deeds of easements to modify the legal descriptions of any of the Easements after the City Manager accepts the sealed survey plats to be provided to the City by Developer, or new or amended deeds of easements for the relocation of any Easements as provided for in the Deed. All such documents shall be approved as to form by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 7. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: Stephanie M. Moon, MMC David . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39830-121613. AN ORDINANCE accepting the bid of South Commonwealth Partners, LLC, a South Carolina limited liability company (Developer), to execute a Parking Agreement with an initial term of twenty (20) years, with such entity having the option to renew such Parking Agreement for up to four (4) additional five (5) year periods and which Parking 496 Agreement will allow such entity to obtain up to one hundred thirty (130) Unreserved Parking Permits for use of spaces in the City's Market Garage, upon certain terms and conditions; authorizing the City Manager to execute such a Parking Agreement; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce such Parking Agreement; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City has, by advertisement published once a week for two successive weeks in a paper of general circulation published in the City, publicly invited bids for the execution of a Parking Agreement for the purposes mentioned above; WHEREAS, only one bid for the execution of a Parking Agreement for the purposes mentioned above was received pursuant to the advertisement and such bid was opened at the City Council meeting held on December 16, 2013; WHEREAS, on December 16, 2013, Developer submitted a bid to the City for the execution of a Parking Agreement for the purposes mentioned above upon substantially the same terms as contained in the proposed Parking Agreement that was on file in the City Clerk's Office; WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with Developer as to the final terms and conditions for such Parking Agreement; WHEREAS, negotiations between the City Manager and Developer have resulted in a Parking Agreement that provides for Developer to obtain up to one hundred thirty (130) Unreserved Parking Permits in the City's Market Garage in order to allow guests of the Hotel, to be constructed by Developer, to use parking spaces in Market Garage, upon certain terms and conditions as set forth in the Parking Agreement, for a period of twenty (20) years, starting on the date when the Hotel is issued a permanent Certificate of Occupancy and ending at midnight on the last day of such 20 year term, but with the Developer having the option to renew such Parking Agreement for up to four (4) additional five (5) year periods, with each option being automatically exercised and the Parking Agreement being renewed for each five (5) year term unless terminated by Developer as provided in the Parking Agreement, unless sooner terminated as provided for in such Parking Agreement or in accordance with the law; WHEREAS, the City Manager recommends that Council accept the bid of Developer and approve the execution of such Parking Agreement, substantially similar to the copy attached to the City Council Agenda Report dated December 16, 2013; WHEREAS, after proper and timely notice as required by the Code of Virginia, Council held a Public Hearing on this matter at its regular meeting on December 16, 2013, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Parking Agreement; 497 WHEREAS, Council has adopted an ordinance dated December 16, 2013, authorizing the City Manager, on behalf of the City, to execute, deliver, and perform a First Amended and Restated Contract for Sale of Real Estate (Amended Sale Contract) with Developer and Developer has agreed to execute, deliver, and perform the Amended Sale Contract; and WHEREAS, City Council determined that the bid of Developer to execute a Parking Agreement as set forth above, upon certain terms and conditions, was the only responsive and responsible bid received by the City and Council desires to accept such bid. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of Developer and hereby makes an award for the Parking Agreement to Developer, subject to certain terms and conditions as further noted in the City Council Agenda Report dated December 16, 2013, to this Council and upon such other terms and conditions as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to award the Parking Agreement as set forth above and will help in promoting economic development in downtown Roanoke. 2. The City Manager is hereby authorized to execute a Parking Agreement between the City and Developer that provides for Developer to obtain up to one hundred thirty (130) Unreserved Parking Permits in the City's Market Garage for the purposes set forth above and subject to the terms of the Parking Agreement, which Agreement shall be substantially similar to the one attached to the above mentioned City Council Agenda Report and upon such other terms as the City Manager deems appropriate and agrees to. Such Parking Agreement shall be in a form approved by the City Attorney. The bond or security to be provided by the Developer shall be in such form and amount as the City Manager deems appropriate. 3. The Parking Agreement referred to above shall be for an initial term of twenty (20) years, starting on the date when a permanent Certificate of Occupancy is issued for the Hotel to be constructed by Developer and ending twenty (20) years thereafter, but with the Developer having the option to renew such Parking Agreement for up to four (4) additional five (5) year periods with each option being automatically exercised and the Parking Agreement renewed for each five (5) year period unless Developer terminates the Parking Agreement as provided therein, unless sooner terminated as provide for in such Parking Agreement or in accordance with the law. 498 4. The City Manager is further authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Parking Agreement, which includes, but is not limited to, any needed modifications to such Parking Agreement. Any such documents 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. 6. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: der)J to ..) eQ.—Q-2-4u-Paaj1/41%-- Stephanie M. Moon, MMC P David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39831-121613. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement Regarding Construction Period Economic Development Grant among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and South Commonwealth Partners, LLC, that provides for grants not to exceed a total of $700,000.00 subject to certain undertakings and obligations by the parties in connection with the development of certain portions of City-owned property located at 25 Church Avenue, S. E., Roanoke, Virginia 24011 for the construction and operation of a hotel; 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 Performance Agreement; repealing Ordinance No. 39631- 041513, adopted April 15, 2013; and dispensing with the second reading by title of this Ordinance. 499 WHEREAS, South Commonwealth Partners, LLC, has proposed the development, construction, and operation of a hotel project within (i) approximately 11,500 square feet of the first floor of Market Garage, located at 25 Church Avenue, S.E., Roanoke, Virginia 24011, (ii) in a portion of the air rights above the Market Garage, and (iii) such easements as are required for the development, construction, and operation of the hotel (the "Hotel Project"), as set forth in the City Council Agenda Report dated December 16, 2013; WHEREAS, such development of the site will require significant infrastructure costs and other costs for the development of the Hotel Project; WHEREAS, South Commonwealth Partners, LLC, has requested an economic development grant through the EDA to assist with certain costs incurred in bringing all utilities required for the Hotel Project, including modifications or infrastructure improvements to the Market Garage required for the Hotel Project, to include the upper most deck of the Market Garage; WHEREAS, City staff has advised Council that such Hotel Project will benefit economic development within the City and the Roanoke Region, and the Hotel Project will produce additional tax revenues, services, and benefits to the citizens of the City and Roanoke Region; WHEREAS, the City and the EDA wish to encourage South Commonwealth Partners, LLC, to complete the Hotel Project in order to enhance and promote economic development within the City and the Roanoke Region; and WHEREAS, on April 15, 2013, City Council approved a previous request for an economic development grant through the EDA to assist in certain costs incurred by South Commonwealth Partners, LLC, but such grant and proposed Performance Agreement has been substantially changed and a new Performance Agreement has been agreed to among the parties. Accordingly, City staff requests Council to repeal the previously approved Ordinance No. 39631-041513, adopted April 15, 2013, since the prior proposed Performance Agreement will be replaced by the Performance Agreement attached to the above mentioned Agenda Report. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. For reasons set forth above, Ordinance No. 39631-041513, adopted April 15, 2013, is hereby REPEALED. 500 2. City Council hereby approves the terms of the Performance Agreement Regarding Construction Period Economic Development Grant among the City, the EDA, a and South Commonwealth Partners, LLC, as set forth in the attachment to the City Council Agenda Report dated December 16, 2013, which provides for certain undertakings and obligations by South Commonwealth Partners, LLC, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Performance Agreement Regarding Construction Period Economic Development Grant will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 3. The City Manager is hereby authorized on behalf of the City to execute a Performance Agreement Regarding Construction Period Economic Development Grant among the City, the EDA, and South Commonwealth Partners, LLC, upon certain terms and conditions as set forth in the City Council Agenda Report dated December 16, 2013. The Performance Agreement Regarding Construction Period Economic Development Grant shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Performance Agreement will also be subject to approval by the EDA. 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 Performance Agreement. Such other documents shall be in a form approved by the City Attorney. 5. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Attiaatit )-11—)- ri)oth.) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 501 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39832-121613. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Market Garage Hotel Development — South Commonwealth Partners project, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08-310-9637-9003 $ 350,000.00 Fund Balance Economic and Community Development 08-3365 ( 350,000.00 ) Reserve - Unappropriated Pursuant 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+anjt--4J Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of December, 2013. No. 39833-121613. AN ORDINANCE authorizing the proper City officials to execute a Performance Agreement Regarding Operation Period Economic Development Grant among the City of Roanoke (City), the Economic Development Authority of the City of Roanoke, Virginia, (EDA), and South Commonwealth Partners, LLC, that provides for grants not to 502 exceed a total of $1,500,000.00 subject to certain undertakings and obligations by the --� parties in connection with the development of certain portions of City-owned property located at 25 Church Avenue, S. E., Roanoke, Virginia 24011 for the construction and . operation of a hotel; 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 Performance Agreement; and dispensing with the second reading by title of this Ordinance. WHEREAS, South Commonwealth Partners, LLC, has proposed the development, construction, and operation of a hotel project within (i) approximately 11,500 square feet of the first floor of Market Garage, located at 25 Church Avenue, S. E., Roanoke, Virginia 24011, (ii) in a portion of the air rights above the Market Garage, and (iii) such easements as are required for the development, construction, and operation of the hotel (the "Hotel Project"), as set forth in the City Council Agenda Report dated December 16, 2013; WHEREAS, such development of the site will require significant costs for site development due to the Hotel Project being constructed on top of, within, and connected to the City's existing Market Garage structure; WHEREAS, South Commonwealth Partners, LLC, has requested an economic development grant through the EDA to assist with the cost of structural improvements to the Market Garage and related costs necessary to support construction of the Hotel Project; WHEREAS, City staff has advised Council that such Hotel Project will benefit economic development within the City and the Roanoke Region, and such Project will provide additional tax revenue and services to benefit the citizens of the City and the Roanoke Region; and WHEREAS, the City and the EDA wish to encourage South Commonwealth Partners, LLC, to complete the Hotel Project in order to enhance and promote economic development within the City and the Roanoke Region. 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 Regarding Operation Period Economic Development Grant among the City, the EDA, and South Commonwealth Partners, LLC, as set forth in the attachment to the City Council Agenda Report dated December 16, 2013, which provides for certain undertakings and obligations by South Commonwealth Partners, LLC, as well as certain undertakings by the City and the EDA. City Council further finds that the economic development grant provided for by the Performance Agreement Regarding Operation Period Economic Development Grant will promote economic development within the City and the Roanoke Region and will be of economic benefit to the City and its citizens. 503 2. The City Manager is hereby authorized on behalf of the City to execute a Performance Agreement Regarding Operation Period Economic Development Grant among the City, the EDA, and South Commonwealth Partners, LLC, upon certain terms and conditions as set forth in the City Council Agenda Report dated December 16, 2013. The Performance Agreement Regarding Operation Period Economic Development Grant shall be substantially similar to the one attached to such Agenda Report and in a form approved by the City Attorney. Such Performance Agreement will also be subject to the approval of the EDA. 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. Such other documents shall be in a form approved by the City Attorney. 4. Pursuant to the provisions of §12 the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: eiN‘j h.) t-C2-Cfgris iSiettooftMMPl David A. Bowers City Clerk Mayor