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HomeMy WebLinkAbout39834-010614 - 39956-051914 505 WHEREAS, during his time in the General Assembly, Delegate Ware has served on the Education, Appropriations, and Counties, Cities and Towns Committees; WHEREAS, since he was first elected, Delegate Ware has focused his efforts in the Virginia General Assembly on creating higher paying jobs, improving the public education system, and providing affordable health insurance to the citizens of the 11th House District and all citizens of the Commonwealth; WHEREAS, although running and being elected as a Democrat, Delegate Ware always remembered his role as delegate for all of the citizens of the 11th District and worked tirelessly with colleagues on both sides of the aisle to achieve long term, impactful benefits for his community and the Commonwealth of Virginia; WHEREAS, Delegate Ware's dedication and commitment to achieving results for his community and the Commonwealth were most clearly demonstrated by his leadership in the debate and eventual passage of the 2013 Transportation Bill which provided for the return of passenger rail service to Roanoke and improved funding for transportation projects throughout the Commonwealth; and WHEREAS, after a decade of service as the Delegate of the 11th District, and recently being re-elected for another two year term, Delegate Ware announced in November 2013 that he would step down from his position to attend to family matters. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution to recognize, salute, and applaud the many services rendered to the City of Roanoke and its people by Delegate Onzlee Ware, and to extend to Delegate Ware and his family the heartfelt appreciation and support of a grateful City. 2. The City Clerk is directed to forward an attested copy of this Resolution to Delegate Onzlee Ware. APPROVED ATTEST: �4r4 Jonathan E. Craft, CMC David A. Bowers Deputy City Clerk Mayor 506 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2014. No. 39835-010614. AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, 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 Law Enforcement Expenditures $ 45,000.00 Revenues 45,000.00 State Asset Forfeiture Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: C?-vaaaana- Jonathan E. Craft, CMC Davi A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2014. No. 39836-010614. A RESOLUTION acknowledging and recognizing Workforce Investment Act ("WIA") funding from the Virginia Community College System in the amount of $33,626.00 for the Statewide Dislocated Worker/ Rapid Response Business Services Capacity Building Initiative grant for the award period of October 1, 2013 — September 30, 2014, to be administered by the Western Virginia Workforce Development Board ("WDB"). •• 507 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 January 6, 2014; 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 Local Workforce Area 3, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; and WHEREAS, WIA funding for the award period October 1, 2013 — September 30, 2014, in the amount of $33,626.00, will be allocated for the Statewide Dislocated Worker/ Rapid Response Business Services Capacity Building Initiative to create a long-term sustainability plan for increasing the coordination of services to the business community, as designated in the City Council Agenda Report dated January 6, 2014. 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, the WIA Statewide Dislocated Worker/ Rapid Response Business Services Capacity Building Initiative grant in the amount of $33,626.00 from the Virginia Community College System, with no local match from the City, to be used during the award period of October 1, 2013, through September 30, 2014, for the WDB's Business Service Team to create a long term plan for creating relationships, sharing communication databases, and coordinating services with the business community of Local Workforce Area 3, as more particularly set out in the City Council Agenda Report dated January 6, 2014. 2. 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. 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. Craft, CMC David A. Bowers Deputy City Clerk Mayor 508 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2014. • No. 39837-010614. A RESOLUTION accepting the Federal Asset Forfeiture Grant Award to the City of Roanoke Police Department from the Office of the Attorney General of Virginia, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does on behalf of its Police Department hereby accept the Federal Asset Forfeiture Grant Award offered by Office of the Attorney General of Virginia in the amount of $250,000.00, to purchase a replacement in-car video system for its police vehicle fleet and to purchase equipment and software for its I-STAR crime analysis unit, upon all the terms, provisions and conditions relating to the receipt of such funds. The grant, which requires no match by the City, is more particularly described in the City Council Agenda Report, dated January 6, 2014. 2. The City Manager is hereby authorized to execute on behalf of the City, any necessary documents to accept the grant, in a form approved by the City Attorney. ,,,o, 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: - 4 Jonathan E. Craft, CMC David . Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2014. No. 39838-010614. AN ORDINANCE to appropriate funding from the United States Department of Justice Federal Asset Sharing Program, thru the Commonwealth of Virginia Office of the Attorney General for enhancing law enforcement operations, amending and reordaining certain sections of the 2013 - 2014 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. -+ 509 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 Office of Aft Gen - Other Equipment 35-640-3297-9015 $ 250,000.00 Revenues Office of Att Gen Federal Asset Forfeiture 35-640-3297-3297 250,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Jonathan E. Craft, CMC David A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2014. No. 39839-010614. A RESOLUTION accepting a donation of funds from Hometown Bank to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRJTE) Program to assist with the maintenance of the landscaping in the southeast quadrant of the interchange of Route 220 Expressway and Franklin Road; authorizing the City Manager' to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such donation; and expressing the City's appreciation for such donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the donation from Hometown Bank of $10,000.00 to the City, as more particularly set forth in City Manager's Agenda Report dated January 6, 2014, to this Council. 2. The City Manager is further authorized to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such donation. 510 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Hometown Bank for its generous donation as part of the BRITE • program to assist the City with the maintenance of the landscaping as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to Hometown Bank expressing the City's appreciation for its donation. APPROVED ATTEST: onathan E. Craft, CMC David A. Bowers Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2014. No. 39840-010614. „a AN ORDINANCE to appropriate funding from Hometown Bank to the BRITE 220/Franklin Road Landscape 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 Third Party 08-530-9001-9004 $10,000.00 Revenues BRITE 220/Franklin Road Project 08-530-9001-9001 10,000.00 511 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: onathan E. Craft, CMC David A. Bowers Deputy City Clerk Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6th day of January, 2014. No. 39841-010614. A RESOLUTION amending the City's Fee Compendium imposing fees for use of Facilities and Equipment at Elmwood Park, including the Amphitheater, and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. In accordance with the recommendations set forth in the City Council Agenda Report dated January 6, 2014, the following fees shall be charged for the use of designated facilities at Elmwood Park on a daily basis. For the purpose of the following fees "daily" shall mean the daily use of the Facilities and Equipment for each day and each day will start no earlier than 8:00 a.m. and end no later than (i)11:59 p.m. on Saturday, Sunday or Holidays, and (ii)11:00 p.m. on all other days. Such fees are as follows: DAILY DAILY FACILITIES NON-PROFIT RATE FOR PROFIT RATE Fountain Walkway $150.00 $150.00 Bullitt Plaza $150.00 $150.00 South Lawn $150.00 $150.00 Front Lawn $150.00 $150.00 Amphitheater $500.00 $1,000.00 Amphitheater w/Green $650.00 $1,150.00 Rooms Whole Park $1,100.00 $1,600.00 Whole Park, all access $1,250.00 $1,750.00 512 Individuals seeking to use Facilities at Elmwood Park shall pay fees at the For Profit rate. 2. The refundable damage deposit fee for all users is $1,000.00. 3. The daily fees for use of certain equipment at Elmwood Park for all users are: TYPE OF EQUIPMENT DAILY FEE 36' Scissor Lift $400.00 Chair Rental (per chair) $2.00 Chair Rental, set-up/take-down (per chair) $3.00 4. 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, shall be amended to reflect the above fees for Facility and Equipment Rentals (user fees) at Elmwood Park and the Amphitheater. 5. The fees established by this Resolution shall remain in effect until amended by this Council. 6. This Resolution shall be in full force and effect on and after January 6, 2014. APPROVED ATTEST: /Jonathan E. Craft, CMC David A. Bowers Deputy City Clerk Mayor a 513 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of January, 2014. No. 39842-012114. A RESOLUTION paying tribute to Octavia Johnson, Roanoke City Sheriff, for her exemplary public service to the Roanoke City Sheriff's Office. WHEREAS, Sheriff Johnson is a native of Elk Creek, Virginia, in Grayson County; WHEREAS, Sheriff Johnson is a graduate of Wytheville Community College, where she earned an Associates of Applied Science Degree in Police Science, and earned certificates in Law Enforcement and Corrections; WHEREAS, Sheriff Johnson relocated to Roanoke and has called the Valley home since 1976; WHEREAS, in 1979, Sheriff Johnson was appointed a Deputy Sheriff in the Roanoke City Sheriffs Office; WHEREAS, while serving with the department, Sheriff Johnson completed certification training in Basic Jailor and Courtroom Security and Basic Law Enforcement; WHEREAS, in 2004, Sheriff Johnson retired with 25 years of dedicated service spanning the jail, court services, and civil process; WHEREAS, on November 8, 2005, Sheriff Johnson was elected Sheriff of Roanoke, Virginia, and has served in this capacity since that time; WHEREAS, Sheriff Johnson has led the Sheriff's office in recently securing accreditation, becoming one of only 89 such offices in the Commonwealth to achieve this distinction; WHEREAS, Sheriff Johnson has been active in professional organizations, including her service as Region III Director of the Virginia Sheriffs' Association; an Executive Board member of the Cardinal Criminal Justice Academy; a member of the National Sheriffs' Association; and a member of the Virginia Fraternal Order of Police, Lodge #1; 514 _ _ WHEREAS, Sheriff Johnson has been active in the community, including her service as Secretary-Treasurer for Virginia Cares; a board member for the Rescue Mission; a board member for the Boys and Girls Club; a board member for McMillian Ministries' of the M.A.P.S. Women's Conference; a member of the NAACP; a member of the Roanoke City Republican Committee; and a member of Roanoke Republican Women; and WHEREAS, Sheriff Johnson will be leaving her position at the end of her term in 2013. 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 Sheriff Octavia Johnson for the many services that she has provided to the City of Roanoke and its citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Sheriff Octavia Johnson. APPROVED ... ATTEST: Stephanie M. Moon, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39843-012114. A RESOLUTION authorizing acceptance of the 2014 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. r i 515 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 2014 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 $10,253.00, making total funding of $47,844.00, to employ the Police Department's full-time non-sworn Domestic Violence Specialist, as more particularly described in the City Council Agenda Report dated January 21, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39844-012114. 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 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: 516 Appropriations Regular Employee Salary 35-640-3118-1002 $35,327.00 ICMA Retirement 35-640-3118-1115 3,179.00 FICA 35-640-3118-1120 2,702.00 Medical Insurance 35-640-3118-1125 5,748.00 Dental Insurance 35-640-3118-1126 349.00 Life Insurance 35-640-3118-1130 420.00 Disability Insurance 35-640-3118-1131 119.00 Revenues VSTOP Grant CY2014 - State 35-640-3118-3118 28,193.00 VSTOP Grant CY2014 - Local 35-640-3118-3119 19,651.00 Pursuant 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, MMMCl Davis . - .wers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39845-012114. 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 a local match of $20,919.00, making total funding of $52,507.00, for the continued employment of the Police Department's Sexual Violence Specialist and Hispanic P-°� Outreach Coordinator, as more particularly described in the City Council Agenda Report dated January 21, 2014. 517 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: } y, Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39846-012114. - . 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 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 Wages 35-640-3361-1002 $ 36,111 .00 City Retirement 35-640-3361-1105 6,591 .00 Health Savings 35-640-3361-1117 361.00 FICA 35-640-3361-1120 2,790.00 Medical Insurance 35-640-3361-1125 5,748.00 Dental Insurance 35-640-3361-1126 349.00 Life Insurance 35-640-3361-1130 434.00 Disability Insurance 35-640-3361-1131 123.00 Revenues Domestic Violence Victim CY2014 - State 35-640-3361-3361 31,588.00 Domestic Violence Victim CY2014 - Local 35-640-3361-3362 20,919.00 518 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. . APPROVED ATTEST: 4CILIQA-L-12-2h-7.Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39847-012114. AN ORDINANCE amending and reordaining Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article XI, Methamphetamine Lab Cleanup, Chapter 21, Offenses - „a Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke, Virginia (1979), as amended, is hereby amended and reordained by the addition of new Article XI, Methamphetamine Lab Cleanup, Chapter 21, Offenses - Miscellaneous, to read and provide as follows: Chapter 21, Offenses - Miscellaneous Article XL Methamphetamine Lab Cleanup. 519 Sec. 21-228. Methamphetamine Laboratory Cleanup Cost Recovery. Pursuant to Virginia Code Section 15.2-1716.2, as amended, Methamphetamine lab cleanup costs; localities may charge for reimbursement. Any person convicted of an offense for the manufacture of methamphetamine under Virginia Code Section 18.2-248 or Section 18.2-248.03 shall, at the time of sentencing or in a separate civil action, be liable to the City of Roanoke for restitution of expenses incurred in the cleanup of any methamphetamine lab related to the conviction. The amount charged shall not exceed the actual expenses incurred associated with cleanup, removal or repair of the affected property, or the replacement cost of personal protective equipment used. 2. This Ordinance shall become effective on March 31, 2014. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MNIL, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2151 day of January, 2014. No. 39848-012114. AN ORDINANCE accepting the transfer of certain real property, together with any buildings and improvements thereon, situated at 502 Williamson Road, S. E., Roanoke, Virginia, Official Tax Map No. 4013322 (Property) from the City of Roanoke Redevelopment and Housing Authority (RRHA); authorizing the City Manager to execute all documents and take such other actions necessary to acquire, accept, implement, administer, and effectuate the transfer of the Property to the City, including executing any amendments to a Parking Lot Management Agreement dated October 15, 2002, between the City and RRHA; and dispensing with the second reading by title of this Ordinance. WHEREAS, RRHA serves to promote affordable housing and redevelopment of property for the benefit of the citizens of Roanoke; 520 WHEREAS, RRHA has worked with City staff to review certain properties which RRHA currently owns with the intention of determining the best use of such properties; . WHEREAS, RRHA, in consulting with City staff, has determined that RRHA has no immediate plans for development of several parcels of real property, including the Property, and has decided to transfer these parcels of real property to the City; WHEREAS, the City is reviewing the title and the conditions of each parcel of real property that RRHA proposes to transfer to the City and, at this time, the City is prepared to accept the transfer of the above parcel designated as the Property for the reasons set forth in the City Council Agenda Report dated January 21, 2014, with the other parcels to be considered by Council at a later date; WHEREAS, the Property is currently used as a surface parking lot that is managed by the City pursuant to a Parking Lot Management Agreement, dated October 15, 2002, by and between the City and RRHA (Parking Lot Agreement); WHEREAS, portions of the Property are needed to complete improvements being made by the Virginia Department of Transportation (VDOT) for the 1-581 and Elm Avenue improvement project and VDOT desires to expedite its acquisition of certain rights in the Property; WHEREAS, the City and RRHA are willing to complete the transfer of the Property at this time in order to cooperate with VDOT; WHEREAS, following acquisition of the Property, the City will consider by future Council action the transfer of certain rights and interests in portions of the Property to VDOT; WHEREAS, as a result of the transfer of the Property to the City, the City and RRHA may need to amend certain terms of the Parking Lot Agreement with respect to the transfer of ownership of the Property to the City; WHEREAS, Section 2-263, of the Code of the City of Roanoke (1979), as amended, requires City Council to accept a gift in excess of $5,000.00 and the assessed value of the Property is $709,000.00; WHEREAS, the City Manager recommends to City Council to accept the transfer of the Property from RRHA to the City as more particularly set forth in the City Council Agenda Report dated January 21, 2014; and WHEREAS, City Council has determined that the transfer of the Property from RRHA to the City will benefit the City and its citizens. 521 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: , 1. Council accepts the transfer of the Property from RRHA to the City in accordance with the terms of the proposed general warranty deed (Deed), a copy of which Deed is attached to the City Council Agenda Report dated January 21, 2014. Council accepts the transfer of the Property pursuant to Section 2-263, Code of the City of Roanoke (1979), as amended. 2. Council authorizes the City Manager to accept the Deed on behalf of the City in accordance with Section 15.2-1803, Code of Virginia (1950), as amended, the Deed to be substantially similar to the Deed attached to the City Council Agenda Report dated January 21, 2014, and the form of the Deed to be approved by the City Attorney. 3. The City Manager is further authorized to take such further actions and execute such further documents as may be necessary to acquire, accept, effectuate, implement, and administer the transfer and acceptance of the Property to the City from RRHA, including without limitation, executing such amendments to the Parking Lot Agreement as may be necessary as a result of the transfer of title of the Property to the City and obtaining owner's title insurance for the Property. All such documents shall be approved as to form 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 is effective as of the date of its passage. APPROVED ATTEST: Stephanie M. Moon, MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39849-012114. AN ORDINANCE to appropriate funding from the Commonwealth 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. 522 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 Teacher Stipends 302-110-0000-1000-318H-61100-41129-9-01 $1,858.00 Social Security 302-110-0000-1000-318H-61100-42201-9-01 142.00 Teacher Stipends - Patrick 302-110-0000-0390-322H-61100-41129-3-10 6,718.00 Henry Social Security - Patrick 302-110-0000-0390-322H-61100-42201-3-10 514.00 Henry Teacher Stipends - William 302-110-0000-0400-322H-61100-41129-3-10 6,718.00 Fleming Social Security-William 302-110-0000-0400-322H-61100-42201-3-10 514.00 Fleming Teacher Stipends - Forest 302-110-0000-1304-322H-61100-41129-3-10 6,717.00 Park Acad. Social Security - Forest Park 302-110-0000-1304-322H-61100-42201-3-10 514.00 Academy Revenues State Grant Receipts 302-000-0000-0000-318H-00000-32467-0-00 2,000.00 State Grant Receipts 302-000-0000-0000-322H-00000-32415-0-00 21,695.00 Pursuant 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 AEllidana-ce...)Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39850-012114. A RESOLUTION appointing a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia to fill the remaining portion of an unexpired four (4) year term on its Board of Directors. 523 WHEREAS, the Council is advised that F. Gordon Hancock, a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, resigned effective December 31, 2013, from a position the term of which is to expire October 20, 2015, and the vacancy has not been filled; 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, except appointments to fill vacancies which shall be for the remainder of the unexpired term. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Braxton Naff is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, to fill the remaining portion of the four (4) year term of F. Gordon Hancock which commenced on October 21, 2011, and will expire on October 20, 2015. APPROVED ATTEST: y, 441QALte") 11107,-3 Stephanie M. Moon, MM David A. Bowers . City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39851-012114. 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. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, to the extent that they placed conditions on property bearing Official Tax Map No. 1290108; by rezoning such lot to Mixed Use Planned Unit Development (MXPUD); and by amending the Planned Unit Development Plan, as it pertains to the aforementioned property; and dispensing with the second reading of this ordinance by title. WHEREAS, BGGT, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, to the extent that they placed certain conditions on property located at 0 (Zero) Roberts Road, bearing Official Tax Map No. 1290108, to rezone such lot from CG, Commercial- 524 General District, with conditions, and Mixed Use Planned Unit Development (MXPUD), with conditions, to Mixed Use Planned Unit (MXPUD), and to amend the Planned Unit Development Plan, as it pertains to such property, to permit construction of seven (7) single family houses with a changed site configuration and amenities instead of condominium units and a community center, general offices, fitness center, medical clinic, restaurant, hotel/motel/inn, or group care facility previously permitted by the Mixed Use Planned Unit Development Plan (MXPUD), Ordinance No. 34406-080299, adopted on August 2, 1999; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on January 21, 2014, 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 repealing of Ordinance No. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, rezoning the property; the rezoning of such property as set forth above; and amending the Planned Unit Development Plan pertaining to the property; 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 actions sought and described in this Ordinance and the Zoning Amended Application No. 1 dated January 7, 2014, 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. 34406-080299, adopted August 2, 1999, and Ordinance No. 32777-121895, adopted December 18, 1995, to the extent they placed certain conditions on property located at 0 (Zero) Roberts Road, bearing Official Tax Map No. 1290108, are hereby REPEALED, as set forth in the Zoning Amended Application No. 1 dated January 7, 2014, 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. 525 2. That the property located at 0 (Zero) Roberts Road, bearing Official Tax Map No. 1290108, be rezoned from CG, Commercial-General District, with conditions, and Mixed Use Planned Unit Development (MXPUD), with conditions, to Mixed Use Planned Unit Development (MXPUD), as set forth in the Zoning Amended Application No. 1 dated January 7, 2014, 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. 3. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as it pertains to the property bearing Official Tax No. 1290108, as set forth in the Zoning Amended Application No. 1 dated January 7, 2014. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: \\ A-L-e>h7- h16(57 obwou. Stephanie M. Moon, MMC vid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39852-012114. 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, James T. and Linda Hullett have made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1817 Indiana Avenue, N. E., bearing Official Tax Map No. 3060810, rezoned from Residential Mixed Density District (RM-1), to Light Industrial District (I-1), with a condition; 526 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 21, 2014, 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. 3060810, located at 1817 Indiana Avenue, N. E., be and are hereby rezoned from Residential Mixed Density District (RM-1), to Light Industrial District (I-1), with a condition, as set forth in the Zoning Amended Application No. 1 dated January 6, 2014. 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: AittLje-s—) he?'Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 527 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of January, 2014. No. 39853-012114. AN ORDINANCE accepting the bid of Roanoke Valley Youth Soccer, Inc., ("Lessee") to lease certain City-owned properties identified as Official Tax Map No. 6421001 and a portion of Official Tax Map No. 6472302, upon certain terms and conditions; authorizing the City Manager to execute such Lease 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 Lease 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 lease of certain property for the development, construction, maintenance and operation of a soccer facility, such property being owned by the City of Roanoke and described above; WHEREAS, one (1) bid for the execution of a Lease Agreement for such property for the purposes mentioned above was/were received pursuant to the advertisement, and such bid was opened at the City Council meeting held on January 21, 2014; WHEREAS, on January 21, 2014, at approximately 10:47 a.m., Lessee submitted a bid to the City for the development, construction, maintenance and operation of a soccer facility on Official Tax Map No. 6421001 and a portion of Official Tax Map No. 6472302, located on 0 (zero) Ben Street, N .W., Roanoke, Virginia, and 2100 Countryside Road, N. W., Roanoke, Virginia, respectively, upon substantially similar terms as contained in the proposed Lease Agreement that is on file in the City Clerk's Office; WHEREAS, the matter was referred to the City Manager for evaluation and negotiation with the Lessee as to the final terms and conditions for such Lease Agreement; WHEREAS, negotiations between the City Manager and Lessee have resulted in a Lease Agreement that provides for the development, construction, maintenance and operation of a soccer facility on the subject properties; WHEREAS, the Lease Agreement provides for the lease of approximately 21 acres, more or less, for such purposes for up to forty (40) years, commencing February 1, 2014, upon certain terms and conditions; 528 WHEREAS, the terms, conditions, and obligations of the Lessee under the Lease Agreement are more particularly described in the City Council Agenda Report dated January 21, 2014; WHEREAS, the City Manager recommends that Council accept the bid of Lessee and approve the execution and delivery of such Lease Agreement, a copy of which is attached to the City Council Agenda Report dated January 21, 2014; 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 January 21, 2014, at which hearing all parties in interest and persons were given an opportunity to be heard, both for and against the proposed Lease Agreement; WHEREAS, City Council determined that the bid of Lessee to lease the properties described above, upon certain terms and conditions, was the most 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 lease of the subject properties identified 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 Lessee and hereby makes an award for the lease of the above described City-owned properties as set forth in the Lease Agreement, subject to certain terms and conditions, and upon such other terms and conditions as the City Manager may deem appropriate and agree to. Any and all other bids made to the City for the above matter are hereby rejected. 2. The City Manager is hereby authorized to execute and deliver a Lease Agreement substantially similar to the Lease Agreement dated February 1, 2014, attached to the City Council Agenda Report dated January 21, 2014, such Lease Agreement to be approved as to form by the City Attorney. 3. The term of the least shall be up to forty (40) years, beginning February 1, 2014, upon certain terms and conditions set forth in the Lease Agreement dated February 1, 2014. 4. The City Manager is further authorized to take such further actions and to execute such further documents as may be necessary to implement, administer, and enforce such Lease Agreement and to accomplish the above matters and complete the lease of the above mentioned properties. 529 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: At)-(ti U Stephanie M. Moon, MMMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of January, 2014. No. 39854-012114. AN ORDINANCE amending and reordaining Chapter 21, Offenses — Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by adding new Article X, Public Dance Halls, Chapter 21 , Offenses - Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The Code of the City of Roanoke, Virginia (1979), as amended, is hereby amended and reordained by the addition of new Article X, Public Dance Halls, Chapter 21, Offenses - Miscellaneous, to read and provide as follows: Chapter 21. Offenses-Miscellaneous Article X. Public Dance Halls. Sec. 21-221. Definitions. As used in this article: 530 Public Dance Hall means any place open to the general public where dancing is permitted. However, any restaurant licensed under Sections 4- 98.1 and 4-98.2 of the Code of Virginia to serve food and beverages, having a dance floor with an area not exceeding ten (10) percent of the total public floor area of the establishment, shall not be considered a public dance hall. Public Floor Area means that square footage of an establishment that is open to the general public. This does not include kitchen space, office space or meeting rooms. Chief of Police means the chief of police for the Police Department of the City of Roanoke. Owners mean all persons or individuals having at least a ten percent financial interest in a Public Dance Hall, including, but not limited to, all partners, shareholders or interest holders. Law-enforcement Officer means any full or part-time employee of a police department or sheriff's office which is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth as further defined by _ Section 9. 1-101 of the Code of Virginia. Armed Security Officer means a natural person employed to (i) safeguard and protect persons and property, or (ii) deter theft, loss, or concealment of any tangible or intangible personal property on the premises he is contracted to protect, and who carries or has access to a firearm in the performance of his duties as further defined by Section 9. 1-138 of the Code of Virginia. Sec. 21-222. Permit Required to Operate a Dance Hall. (a) No person shall operate a Public Dance Hall in the City, without having first obtained a permit issued pursuant to this article. No permit shall be granted by the Chief of Police for the operation of a Public Dance Hall in the City, until the applicant has complied with the requirements of this section. (b) Any person desiring to obtain a permit for the operation of a Public Dance Hall shall make written application therefor to the Chief of Police. Such application shall contain the following information: 531 (1) The address and tax map number of the proposed Public Dance Hall; (2) The names and addresses of all Owners of the proposed Public Dance Hall; (3) A detailed drawing or sketch clearly showing the layout of the Public Dance Hall and indicating the amount of off-street parking available for patrons; (4) A detailed security plan to assist the Police Department with crime prevention and crowd control; (5) An endorsement obtained from the Fire Marshall or his/her designee certifying that the proposed Public Dance Hall complies with the Statewide Fire Prevention Code; and (6) An endorsement obtained from the City's Zoning Administrator or his/her designee certifying that the proposed Public Dance Hall complies with the Virginia Uniform Statewide Building Code and the City's Zoning Ordinance. (c) All permits issued pursuant to this article shall be valid for one (1) year upon date of issuance. A Public Dance Hall permit can be renewed by the Chief of Police or his/her designee. The renewal application shall be submitted to the Chief of Police at least thirty (30) days prior to the expiration of the existing Public Dance Hall permit. The renewal Public Dance Hall permit application shall contain the same information required in the original permit, however, such information must be updated as of the date of the renewal application. (d) No fee is required to be made by the person making an application for a Public Dance Hall permit under this article. (e) Upon the filing of an application for a Public Dance Hall permit or renewal of an existing permit, the Chief of Police or his/her designee may receive statements as evidence relevant to the permit or renewal application. A Public Dance Hall permit application may be refused if there is reasonable cause to believe that an Applicant or Owner of a proposed Public Dance Hall: (i) has been convicted of a felony under the laws of any state, or of the United States, or has been convicted of any crime or offense involving moral turpitude; (ii) has maintained a noisy, lewd, disorderly or unsanitary establishment in violation of state or local law; (iii) is a person to whom alcoholic beverages may not be sold under the provisions of Title 4 of the Code of Virginia; or (iv) has misrepresented a material fact in their application for a permit under this article. 532 (f) A permit to operate a Public Dance Hall is not transferable. (g) The Chief of Police or his/her designee may suspend or revoke a permit granted under this article upon a finding by the Chief of Police that the holder of a Public Dance Hall permit: (1) Has misrepresented a material fact in applying for such permit. (2) Has been convicted of a felony or of any crime or offense involving moral turpitude in any court. (3) Is not the legitimate owner of the business conducted under the permit issued or other persons having ownership in the business which have not been disclosed. (4) Has allowed noisy, lewd, or disorderly conduct upon the premises, or has maintained such premises in an unsanitary or unsafe condition, or allowed such premises to become a meeting place or rendezvous for persons of ill repute, or has allowed any form of illegal gambling to take place upon such premises. Sec. 21-223. Appeal of Decisions of the Chief of Police. maw Any applicant or holder of a permit issued pursuant to this article may appeal denial of their application; any suspension or revocation of their . . Public Dance Hall permit; or surrender of their restaurant license as allowed under Section 13-15 of the Code of the City of Roanoke to the City Manager under the following procedures: (a) An applicant or holder of a permit must file their appeal with the Chief of Police within thirty (30) days of the denial, suspension or revocation of a Public Dance Hall permit. (b) The City Manager will conduct a hearing of the appeal within thirty (30) days of the applicant or holder's filing of an appeal. (c) The City Manager shall render a written decision on the appeal within ten (10) business days following the hearing after consulting with the City Attorney. The Public Dance Hall permit or restaurant license may be: (1) Reinstated without conditions; (2) Reinstated with conditions and/or restrictions; (3) Temporarily suspended for a period to be set by the ^� City Manager; and (4) Permanently revoked. �.. 533 (d) The decision of the City Manager or his/her designee shall �.+• be the final decision regarding the denial, suspension or revocation of a Public Dance Hall permit or restaurant license. Sec. 21-224. Security Requirements. Whenever the number of patrons in a Public Dance Hall is at least fifty (50), then the Public Dance Hall shall have at least two (2) security employees or contractors. Whenever the number of patrons in a Public Dance Hall is at least one hundred (100), then the Public Dance Hall shall have three (3) security employees or contractors at least one (1) of whom shall be a law-enforcement officer outside of the establishment. Whenever the number of patrons in a Public Dance Hall is at least one hundred and fifty (150), then the Public Dance Hall shall have four (4) security employees or contractors at least two (2) of whom shall be law- enforcement officers outside of the establishment. Whenever the number of patrons is more than two hundred (200), then the Public Dance Hall shall have at least one (1) security employee or contractor for every fifty (50) patrons or portion thereof beyond two hundred (200), at least two (2) of whom shall be law-enforcement officers outside of the establishment. All other security employees or contractors shall be armed security officers and shall be validly registered with the State Department of Criminal Justice Services as required by Section 9.1-139 of the Code of Virginia. The applicant or permit holder for the Public Dance Hall shall be responsible for ensuring the compliance of the Public Dance Hall Permit within this section. Sec. 21-225. Right of Entry of Law Enforcement. Members of the City Police Department, City Sheriff's Office, and the City Fire Marshal may enter any Public Dance Hall operated pursuant to a permit issued under the provisions of this article at all hours, to insure that the peace and quiet of the City are preserved and that the conditions and restrictions of this article are observed. Sec. 21-226. Operator not to Permit Intoxicated or Disorderly Persons on Premises. It shall be a violation of this article for any holder of a Public Dance Hall permit to allow any person under the influence of alcoholic beverages or any disorderly person to enter or remain in a Public Dance Hall. 534 Sec. 21-227. Minors Prohibited if Alcoholic Beverages are Sold; Exception. ^� (a) It shall be unlawful for any minor to enter, be or remain in any Public Dance Hall in the City or any other place in the City open to the public where dancing is permitted and ongoing; and where alcoholic beverages are being consumed, are being sold, or dispensed for consumption therein or thereat, except on business; and when on business, such minor shall be required to depart therefrom as soon as his business is transacted. (b) It shall be unlawful for the owner, operator or person in charge of any Public Dance Hall in the city or of any other place in the city open to the public where dancing is permitted and ongoing; and where alcoholic beverages are being consumed or are being sold, or dispensed for consumption therein or thereat, to allow or permit any minor to enter, be or remain in any such Public Dance Hall or place, except on business; and when on business, such minor shall be required to depart therefrom as soon as his business has been transacted. (c) The presence of any minor in any such Public Dance Hall or such other place for the purpose of dancing or watching dancing shall ,,,,,ak not be considered as being therein on business. (d) The term "alcoholic beverages" when used in this section, shall have the meaning prescribed by the State Alcoholic Beverage Control Act (Section 4-1 et seq., Code of Virginia). (e) The owner, operator or person in charge of any such Public Dance Hall or such other place open to the public where dancing is permitted shall have and keep posted conspicuously at the entrance or entrances of such Public Dance Hall or such other place a sign or signs in bold letters, not less than two (2) inches in height, reading "NO MINORS ALLOWED." Sec. 21-228. Manager to be Present During Operation and Restrictions on Hours of Operation. (a) Each permit holder, except an individual who is a permit holder and on the premises, shall have a designated manager present at all times the Public Dance Hall is in operation. All designated managers must be at least 21 years of age. The name of the designated manager of every Public Dance Hall shall be kept posted in a conspicuous place in the Public Dance Hall in letters ^1 not less than one (1) inch in size, during such time as the manager is in charge. 535 (b) No Public Dance Hall shall remain open after 3:00 a.m. Sec. 21-229. Exemptions for Charitable Dances. Dances held for benevolent or charitable purposes and dances conducted under the auspices of religious, educational, civic or military organizations are exempt from the requirements of this article. In order to qualify for this exemption, dances held for benevolent or charitable purposes must donate fifty percent (50%) of the gross proceeds to a qualified charitable or tax exempt organization under Section 501(c) of Federal Internal Revenue Code. Sec. 21-230. Violations of Article. (a) Any person violating any section of this article or failing to comply with any portion of this article shall be guilty of a Class 3 Misdemeanor. Each day of violation of any provision of this article occurs shall constitute a separate offense. (b) Any business location where individuals have been convicted of three (3) or more violations of this article within a twelve (12) month period shall surrender its restaurant license pursuant to Section 13- 15 of the Code of the City of Roanoke. (c) In additional thereto and not in lieu thereof, any continuing violation of any section of this article may be enjoined by the Circuit Court upon application of the Attorney for the City of Roanoke. The City of Roanoke through the Office of the City Attorney in addition to the injunction may seek civil relief to recover the costs of providing services to businesses that are in violation of this article. 2. This Ordinance shall become effective on March 31, 2014. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: itrietiot_i:4„) )1r) . b Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 536 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 2014. No. 39855-020314. A RESOLUTION approving the proposed Citizen Participation Plan ("CPP") regarding the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") program, and authorizing the City Manager to execute the CPP and to submit the same to HUD. WHEREAS, the City of Roanoke regularly receives HUD CDBG grant monies each year to use in HUD funded community service programs, WHEREAS, HUD requires each locality receiving such funds to adopt a CPP that sets forth the City's policies and procedures for citizen participation in the development of the locality's CPP, in addition to the locality's Consolidated Plan, its Annual Action Plan, and its annual performance report to HUD; and WHEREAS, the current CPP was approved by City Council pursuant to Resolution No. 32803-010296, adopted January 2, 1996, and such CPP is in need of updating to conform to current HUD requirements. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the proposed Citizen Participation Plan attached to the City Council Agenda Report dated February 3, 2014. 2. The City Manager is hereby authorized, for and on behalf of the City, to execute the Citizen Participation Plan, substantially similar in form to the plan attached to the City Council Agenda Report dated February 3, 2014, and to submit the plan to HUD. APPROVED ATTEST: 74/24 v02- Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 537 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 2014. No. 39856-020314. AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings to The Police Mobile Technology Fund and Enterprise Infrastructure projects, amending and reordaining certain sections of the 2013 - 2014 Department of Technology Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 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 13-430-9433-9003 $104,000.00 Appropriated from General Revenue 13-430-9854-9003 111,650.00 Fund Balance Retained Earnings - Available 13-3348 ($215,650.00) Pursuant 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 \ tri2oLcim, Stephanie M. Moon, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 2014. No. 39857-020314. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Roanoke River "Bridge the Gap" Greenway from Bridge ..-- Street to Salem Project, Phase I; 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. 538 WHEREAS, the City wants and needs certain real property rights for the Roanoke River "Bridge the Gap" Greenway from Bridge Street to Salem Project, Phase I, in the general vicinity along the Roanoke River from Aerial Way Drive to the Salem City limits, to include permanent easements of variable length and width, and such other real property interests as needed, as set forth in the City Council Agenda Report to this Council dated February 3, 2014. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. 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. 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: yl Stephanie M. Moon, MM David A. Bowers City Clerk Mayor 539 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of February, 2014. No. 39858-020314. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Garden City Boulevard Safe Routes to School 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. WHEREAS, the City wants and needs certain real property rights for the Garden City Boulevard Safe Routes to School Project, in the general vicinity of Garden City Boulevard from Yellow Mountain Road to Davenportllvywood Street, to include right of way dedications of variable length and width, and such other real property interests as needed, as set forth in the City Council Agenda Report to this Council dated February 3, 2014. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. 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. 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. 540 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: h , Stephanie M. Moon, M David . owers ~� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2014. No. 39859-021814. AN ORDINANCE to appropriate funding from Fleet Management Retained Earnings to Fleet Equipment-Maintenance Account, amending and reordaining certain sections of the 2013 - 2014 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013-2014 Fleet Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fleet Equipment Maintenance 17-440-2642-9014 $202,000.00 Fund Balance Retained Earnings - Available 17-3348 ($ 202,000.00) 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: Wer1-4-51—)i. he) Stephanie M. Moon, MM(, Da bowers City Clerk Mayor . . 541 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2014. No. 39860-021814. AN ORDINANCE authorizing the proper City officials to execute an Amendment No. 1 to a Performance Agreement dated July 1, 2012, by and among the City of Roanoke, Virginia, ("City"), the Economic Development Authority of the City of Roanoke, Virginia, ("EDA"), Ivy View, LLC, ("Ivy View"), that amends certain terms and conditions of the Performance Agreement dated July 1, 2012, which was authorized by Ordinance No. 39408-060412, involving the development of certain properties located at the northwest corner of Franklin Road, S. W., and Wonju Street, S. W., in the City of Roanoke; reordaining Ordinance No. 39408-060412 except as amended by this Ordinance; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City, the EDA, and Ivy View entered into a Performance Agreement dated July 1, 2012, under which Performance Agreement Ivy View undertook certain obligations in connection with the continued development and redevelopment of certain properties located at the northwest corner of Franklin Road, S. W., and Wonju Street, S. W., ("Project"); WHEREAS, pursuant to the terms of the Performance Agreement, the EDA agreed to provide Ivy View with up to ten (10) annual economic development grants to assist Ivy View with the unusual expense for the continued development and redevelopment of the Project; WHEREAS, Ivy View has requested certain amendments to the Performance Agreement to allow Ivy View to develop Phase 1 of the Project into an ambulatory specialty clinic ("Ambulatory Specialty Clinic") and has proposed amendments to the undertakings of Ivy View and a reduction in the total maximum amount of annual economic development grants from $5,500,000.00 to not more than $2,000,000.00; WHEREAS, City staff has advised City Council that such amendments to the Performance Agreement will assist the redevelopment of the Project and the Project will benefit economic development within the City and the Roanoke Valley; WHEREAS, the City and the EDA wish to encourage Ivy View to complete the Project in order to enhance and promote economic development within the City and the Roanoke Valley; and WHEREAS, such Amendment No. 1 is also subject to approval by the EDA. 542 n-q THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of Amendment No. 1 to the Performance Agreement dated July 1, 2012, by and among the City, the EDA, and Ivy View ("Amendment No. 1"), as set forth in the attachment to the City Council Agenda Report dated February 18, 2014, which Amendment No. 1 amends certain undertakings and obligations by Ivy View, as well as certain undertakings by the City and the EDA, and ratifies and confirms the terms of the Performance Agreement as amended by Amendment No. 1. City Council further finds that the annual economic development grants provided for by the Performance Agreement, as amended by Amendment No. 1, 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 and Amendment No. 1 to the Performance Agreement by and among the City, the EDA, and Ivy View, upon certain terms and conditions as set forth in the City Council Agenda Report dated February 18, 2014. Amendment No. 1 shall be substantially similar to the one attached to the City Council Agenda Report dated February 18, 2014 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 Amendment No. 1 and the Performance Agreement, as amended by Amendment No. 1. 4. Ordinance No. 39408-060412, adopted June 4, 2012, is hereby reordained to the extent that Ordinance 39408-060412 is not inconsistent with this Ordinance. In the event of any inconsistency, the provisions of this Ordinance shall control. 5. Pursuant to the provisions of §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: 444,4;teilrh ernoth3 Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor . 543 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2014. No. 39861-021814. A RESOLUTION confirming the City Manager's declaration of a local emergency; conferring emergency powers in the City Manager as Director of Emergency Management; authorizing the City Manager to make application for Federal and State public assistance to deal with such emergency; designating a fiscal agent and an agent for submission of financial information for the City; and calling upon the Federal and State governments for assistance. WHEREAS, the Council of the City of Roanoke finds that the City has a local emergency and disaster because of a major winter snow event which began on Wednesday, February 12, 2014, and will result in significant costs to the City in dealing with the effects of this disaster; WHEREAS, pursuant to the provisions of Section 44-146.21, Code of Virginia, on February 18, 2012, the City Manager as Director of Emergency Management, declared a local emergency commencing on February 12, 2014, which City Council must confirm at its next regularly scheduled meeting, or at a special meeting within fourteen days of such declaration; and WHEREAS, a condition of extreme peril existed which necessitated the declaration of the existence of a local emergency. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council confirms that a local emergency existed throughout the City of Roanoke commencing February 12, 2014. 2. The Council hereby ratifies and confirms that, during the period of the emergency confirmed by this resolution, the City Manager, as Director of Emergency Management, possessed and held those powers, functions, and duties prescribed by the Code of Virginia (1950), as amended, the City of Roanoke Charter of 1952, as amended, the Code of the City of Roanoke (1979), as amended, and the Emergency Operations Plan approved by this Council, in order to further the public health, safety, and welfare, address the needs of the people of the City of Roanoke, and mitigate the effects of such emergency. a . 544 3. The City Manager is hereby authorized for and on behalf of the City to execute applications for Federal and State public assistance as is necessary and proper to meet this emergency and to provide to Federal and State agencies for all matters relating to Federal and State disaster assistance the assurances and agreements required by the Federal Emergency Management Agency and other agencies of the State and Federal government. 4. The City's Director of Finance, is hereby designated as the City's fiscal agent to receive, deposit and account for Federal and State funds made available to the City to meet the emergency declared by this resolution, and is hereby designated as the City agent for executing and submitting appropriate documentation and information regarding Federal and State reimbursement for this emergency. 5. The Council calls upon the Federal and State governments to take steps to afford to the City of Roanoke public aid and assistance as is necessary and proper to meet this emergency. 6. The City Clerk is directed to forward an attested copy of this resolution to the State Coordinator of Emergency Management. APPROVED ATTEST: Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18`h day of February, 2014. No. 39862-021814. AN ORDINANCE to appropriate funding from the sale of the Huff Lane School site to the Round Hill Expansion project, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 School Capital Projects Fund Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: 545 Appropriations b ' Appropriated from General Revenue 31-065-6037-9003 $1,430,396.00 Appropriated from 1998 VPSA Funds 31-065-6037-9368 304,604.00 Revenue Sale of Huff Lane 31-065-6037-6037 1,735,000.00 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:Q Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2014. No. 39863-021814. AN ORDINANCE to appropriate funding from the Federal and Commonwealth 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: Appropriations Teacher Stipends- 302-110-1305-0400-307H-61100-41129-3-01 $ 929.00 William Fleming Social Security-William 302-110-1305-0400-307H-61100-42201-3-01 71.00 Fleming Testing Fees 302-110-0000-1000-107H-61100-45584-3-01 28,710.00 Substitute Teachers 302-110-0000-1000-331H-61100-41021-9-01 1,327.00 Social Security 302-110-0000-1000-331H-61100-42201-9-01 102.00 Food 302-110-0000-1000-331H-61100-46602-9-01 251.00 546 Revenues State Grant Receipts 302-000-0000-0000-307H-00000-32712-0-00 1 ,000.00 Federal Grant Receipts 302-000-0000-0000-107H-00000-38330-0-00 28,710.00 State Grant Receipts 302-000-0000-0000-331H-00000-32712-0-00 1,680.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon, MMC avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2014. No. 39864-021814. �.. AN ORDINANCE to transfer funding from Grandin Court Plumbing project to the . • Round Hill Expansion project, amending and reordaining certain sections of the 2013 - 2014 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 2013 - 2014 School Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from 2012 Bonds 31-065-6037-9338 $ 99,090.00 Appropriated from 2012 Bonds 31-065-6057-9338 (99,090.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED tATTST: y� ^ e)I/AA - -C-r-12.,..,..€9 Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 547 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2014. No. 39865-021814. AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to repeal certain proffers and to rezone certain property within the City, subject to a condition proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, JMB Investment Company, LLC has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal certain proffers pertaining to property located at 1919 10th Street, N. W., bearing Official Tax No. 2060534, and to have such property rezoned from Light Industrial District, with conditions (I-1(c)), to Commercial-General District (CG(c)), subject to a certain 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, considered Zoning Amended Application No. 2, as amended by the applicant at the public hearing held on February 11, 2014, and after conducting the public hearing on the matter, has made its recommendation to City Council; WHEREAS, all of the applicant's requests which the City Planning Commission considered at the public hearing on February 11, 2014, is contained in a Zoning Amended Application No. 3 dated February 12, 2014; WHEREAS, a public hearing was held by City Council on such Zoning Amended Application No. 3 at its meeting on February 18, 2014, 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: 548 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 proffers accepted by City Council on September 24, 1984, with the adoption of Ordinance No. 27204, and on February 5, 1996, with the adoption of Ordinance No. 32816-020596, are hereby repealed, and that Official Tax No. 2060534 located at 1919 10`h Street, N. W., be, and is hereby rezoned from Light Industrial, with conditions (I-1(c)), to Commercial-General (CG(c)), subject to a certain condition proffered by the applicant, as set forth in the Zoning Amended Application No. 3 dated February 12, 2014. 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: Attan-A,An . frh Stephanie M. Moon, MMC -- David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2014. No. 39866-021814. 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, Harpear Properties, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 4662 and 0 (zero) Old Mountain Road, N. E., respectively, bearing Official Tax Nos. 7410102 and 7410101, respectively, rezoned from Residential Single-Family District (R-5), to Mixed Use Planned Unit Development District (MXPUD); 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; 549 WHEREAS, a public hearing was held by City Council on such application at its meeting on February 18, 2014, after due and timely notice thereof as required by §36.2- " i 540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Nos. 7410102 and 7410101, respectively, located at 4662 and 0 (zero) Old Mountain Road, N. E., respectively, be, and are hereby rezoned from Residential Single-Family District (R-5), to Mixed Use Planned Unit Development District (MXPUD), as set forth in the Zoning Amended Application No. 1 dated February 10, 2014. 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-/-t Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of February, 2014. No. 39867-021814. A RESOLUTION endorsing the creation and development of a private, charitable organization to provide a sustainable revenue source for arts and cultural organizations that serve the citizens of Roanoke; committing the support of the City of Roanoke to this model as a way for the City of Roanoke to energize its commitment to arts and cultural organizations within the City; and recognizing the importance of arts and cultural organizations to the fabric of the economy of the City of Roanoke. 550 WHEREAS, arts and cultural organizations are a significant contributor to the economy of the City of Roanoke and the Roanoke Valley; WHEREAS, the City has recognized the importance of arts and cultural organizations by making substantial appropriations to such organizations over several years, including more than $16 million over the last decade; WHEREAS, City Council adopted the Arts and Cultural Plan in August, 2011, as a part of the City's Comprehensive Plan; WHEREAS, the Arts and Cultural Plan emphasized the importance of developing creative solutions to build sustainable resources for arts and cultural organizations in Roanoke; WHEREAS, following the adoption of the Arts and Cultural Plan, City Council, the Roanoke Arts Commission, the Roanoke Valley Alleghany Regional Commission, and other organizations and individuals worked collaboratively to review the status of funding of arts and cultural organizations in Roanoke and research alternatives to create an appropriate and effective funding model for the establishment of a sustainable resource for arts and cultural organizations in Roanoke; WHEREAS, a model has been recommended for the creation of a private, charitable organization, qualified as a tax-exempt entity pursuant to Section 501(C)(3) of . the Internal Revenue Code, qualified to accept and receive contributions from individuals, organizations, and businesses, and qualified to receive appropriations from the City of Roanoke pursuant to Article IV, §16 of the Constitution of Virginia, and Section 15.2-953 of the Code of Virginia (1950), as amended (the "Private-Public Funding Model") a copy of which model is attached to the City Council Agenda Report dated February 18, 2014; WHEREAS, individuals and businesses in Roanoke are prepared to initiate the actions and create the necessary documents to implement the Private-Public Funding Model if City Council agrees with and endorses the Private-Public Funding Model; WHEREAS, City Council provided notice to the public through legal advertisements in The Roanoke Times published on February 7, 2014 and February 14, 2014 that City Council would hold a public hearing in Council Chamber on February 18, 2014 at 7:00 p.m., or as soon thereafter as the matter could be heard, to receive comments and input from all interested persons and entities regarding the proposed Private-Public Funding Model; and WHEREAS, after considering all comments and materials provided at the public hearing, City Council has determined that creation of the Private-Public Funding Model is in the best interests of the citizens of Roanoke. 551 NOW, THEREFORE, be it resolved that: 1. City Council endorses the creation of a private charitable organization by individuals and businesses within the City of Roanoke in accordance with the summary set forth in the Private-Public Funding Model. 2. City Council acknowledges that creation of a private charitable organization which has a charitable mission of raising revenues to create a sustainable source of funding of arts and cultural organizations in Roanoke is a creative opportunity to maximize support for arts and cultural organizations in Roanoke. 3. City Council is willing to consider the adoption of an ordinance appropriating funds to this private charitable organization after creation of this private charitable organization and confirmation by City Council that this organization is qualified, organized and existing under the laws of the Commonwealth of Virginia and applicable federal laws, including Section 501(C)(3) of the Internal Revenue Code, as an entity that can accept appropriations from the City of Roanoke pursuant to Article IV, §16 of the Constitution of Virginia and Section 15.2-953, of the Code of Virginia (1950), as amended. 4. City Council directs the City Manager, the Director of Finance, and the City Attorney to work with individuals promoting the creation and implementation of the Private-Public Funding Model. 5. City Council reaffirms its recognition of the importance of arts and cultural organizations in Roanoke to the fabric and quality of life in Roanoke. APPROVED ATTEST: Stephanie M. Moon, MMC ' Da A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18`h day of February, 2014. No. 39868-021814. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property with Northwest Recreation Club, Inc., and the necessary documents to sell to Northwest Recreation Club, Inc., certain real property, including buildings thereon, located on an approximately 3.34 acre (but in no even 552 greater than 3.60 acre) portion of City owned property fronting along Highland Farm Road, Roanoke, Virginia, such property being a portion of Official Tax Map No. 6472302, together with a non-exclusive right to use an existing driveway on an adjacent City owned parcel; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City and Northwest Recreation Club, Inc., (Buyer) have negotiated a Contract for Purchase and Sale of Real Property (Contract) in accordance with the form of Contract attached to the City Council Agenda Report dated February 18, 2014; WHEREAS, Buyer or its permitted assigns desires to purchase a portion of the real property of the City fronting on Highland Farm Road, Roanoke, Virginia and designated as Official Tax Map No. 6472302 (Premises), with said portion of the Premises to be approximately 3.34 acres of land, but not more than 3.60 acres of land, together with the building thereon (Property) for the sum of Ten Dollars ($10.00) and other good and valuable consideration, so that Buyer can renovate the existing building into an indoor facility consisting of approximately 19,000 square feet of space; including two (2) multi-purpose courts (Facility); WHEREAS, pursuant to the terms of the Contract, Buyer will provide the City with use of the Facility, without charge or expense to the City for a period of years; WHEREAS, the Council, after proper advertisement, held a public hearing on the above matter on February 18, 2014, pursuant to Sections 15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which public 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 the 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 approves the Contract as set forth in the City Council Agenda Report dated February 18, 2014, which Contract provides for the sale of the Property to Buyer or its permitted assigns in accordance with the terms of the Contract; provides for certain undertakings and obligations by Buyer, as well as certain undertakings and obligations by the City. City Council further finds that the sale of the Property, together with the non-exclusive right to use a driveway on an adjacent parcel of City owned real estate, as set forth in the City Council Agenda Report dated February 18, 2014, will be of economic benefit to the City and its citizens. • a 553 2. The City Manager is hereby authorized on behalf of the City to execute, deliver, and perform the Contract to sell the Property to the Buyer or its permitted . assigns, grant a non-exclusive right to use an existing driveway on an adjacent City owned parcel of real estate, all upon the terms and conditions of the Contract attached to the City Council Agenda Report dated February 18, 2014. The Contract is to be substantially similar to the one attached to the City Council Agenda Report dated February 18, 2014, and in a form approved by the City Attorney. The purchase price to be paid to the City is Ten Dollars ($10.00), together with performance of other obligations of Buyer under the terms of the Contract, including use of the Facility for a period as more particularly described in the Contract and the City Council Agenda Report dated February 18, 2014. 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 the 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, a special warranty deed, an affidavit as to parties in possession and mechanics liens, and such other documents as the City Manager deems appropriate. The form of all such other documents are to be approved as to form by the City Attorney. 4. Pursuant to the provision of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. 5. This Ordinance is effective as of the date of its passage. APPROVED �ATTEST�: 1O^ Stephanie M. Moon, MMC I David A. Bowers City Clerk Mayor 554 A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3`d day of March, 2014. No. 39869-030314. AN ORDINANCE authorizing the conveyance of a new permanent sanitary sewer easement, with an approximate width of twenty (20) feet and approximate length of 610 feet across City-owned property known as Highland Park, located at 641 Walnut Avenue, S. W., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1131001, 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 March 3, 2014, 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 the necessary documents providing for the conveyance of a new permanent sanitary sewer easement, with an approximate width of twenty (20) feet and approximate length of 610 feet, across City-owned property known as Highland Park, located at 641 Walnut Avenue, S. W., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 1131001, to the Authority, and to be installed at the sole cost of the Authority for the purpose of relocating and thereafter maintaining an existing sanitary sewer line, and as more particularly set forth in the City Council Agenda Report dated March 3, 2014. 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 555 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, O The 17th day of March, 2014. No. 39870-031714. A RESOLUTION saluting the life and service of William Bruce Overstreet, Jr. WHEREAS, William Bruce Overstreet, Jr., a long-time resident of Roanoke, passed away on December 29, 2013 at the age of 92; WHEREAS, William Bruce Overstreet, Jr. was one of Roanoke's most decorated World War II veterans, having served with incredible valor and distinction in Europe as a captain of the 357th squadron of the U.S. Army Air Force; WHEREAS, William Bruce Overstreet, Jr. received hundreds of medals for his service to his country during World War II; WHEREAS, William Bruce Overstreet, Jr. demonstrated bravery and courage throughout his service during the war, including his most famous flight that, while in solo pursuit of a German Messerschmitt Bf 109G flying into German-occupied Paris in 1944, Captain Overstreet maneuvered his plane beneath the arches of the Eiffel Tower, and . v thereby renewing the spirit of the French Resistance troops; WHEREAS, William Bruce Overstreet, Jr. received one his greatest honors in 2009 at the National D-Day Memorial in Bedford when the French ambassador to the United States bestowed on Captain Overstreet France's highest award, the Legion of Honor, and Captain Overstreet demonstrated his true character, grace, and modesty by simply accepting this award in memory of all service members who died in the War; WHEREAS, following the conclusion of World War II, William Bruce Overstreet, Jr. returned to Roanoke, began his career as a certified public accountant, and married Nita Brackens of Covington; WHEREAS, William Bruce Overstreet, Jr. continued his active and distinguished service to his community by working with several charitable organizations, both locally and nationally, to make a positive contribution to his community and nation; WHEREAS, William Bruce Overstreet, Jr. was a native of Clifton Forge, the son of the late William B. and Gertrude Taylor Overstreet, and was preceded in death by his beloved wife, Nita, and his two sisters, Bernice Overstreet Meiselman, of Alexandria, and Melvene Overstreet Marks, of Rocky Mount, N.C.; and 556 WHEREAS, City Council, on behalf of all citizens of Roanoke, desires to remember, honor, and celebrate the life and service of William Bruce Overstreet, Jr. to his community and his nation. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council adopts this Resolution to remember and celebrate the remarkable contributions that William B. Overstreet, Jr. made throughout his life to his community and his nation. 2. On behalf of the citizens of Roanoke, City Council salutes William Bruce Overstreet, Jr. for his dedicated service to the people of Roanoke throughout his distinguished life. 3. On behalf of the citizens of Roanoke, City Council adopts this resolution of its expression of its condolences to the family of William Bruce Overstreet, Jr. on the passing of this truly great member of The Greatest Generation. 4. City Council directs the City Clerk to provide the family of William Bruce Overstreet, Jr. with an attested copy of this Resolution. - APPROVED ATTEST: 5461-000-r_ut--)- hr\ r,-) W<Ilenivwv•-■,„ Stephanie M. Moon, MMC V David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39871-031714. A RESOLUTION accepting the FY 2013 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: - 1 N 557 1. The City of Roanoke does hereby accept the FY 2013 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $25,000.00, to be used to purchase equipment and supplies for the Roanoke Fire-EMS Division 6 Heavy Technical Rescue (HTR) Team. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated March 17, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: .144:Lat-Arn /04N) Q1233`' ‘."' Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17Th day of March, 2014. No. 39872-031714. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of heavy technical rescue equipment, 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 35-520-3542-2035 $ 3,150.00 „ Other Equipment 35-520-3542-9015 21,850.00 Revenues Haz-Mat Team FY14 35-520-3542-3542 25,000.00 558 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ILA-rPt-4-Lut Tvlath Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39873-031714. A RESOLUTION accepting the FY 2013 State Homeland Security Program Grant to the City from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. ^^■ BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the FY 2013 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $60,000.00, to be used to upgrade hazardous materials monitoring equipment to support the City of Roanoke HAZMAT Team. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated March 17, 2014. 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. .1 559 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: �^ Stephanie M. Moon, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39874-031714. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (OHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the upgrade of hazardous materials monitoring equipment, 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 35-520-3541-9015 $ 60,000.00 Revenues Haz-Mat Team FY14 35-520-3541-3541 60,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: okrtha,,,Ait. Y1 . O CD—Q24^^^^•^"■— • Stephanie M. Moon, MMCt David A. Bowers City Clerk Mayor 560 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17`h day of March, 2014. No. 39875-031714. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Office of Emergency Medical Services through the Virginia Pre-Hospital Information Bridge Special Initiative Grant Program for the purchase of computers for ambulances, fire marshal's office, and training division, 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 35-520-3574-9015 $ 69,625.00 Revenues Va. Pre-Hospital Info Bridge Grant FY14 35-520-3574-3574 69,625.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 94-PtLas..-)- Dom^ Stephanie M. Moon, MMC I David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39876-031714. A RESOLUTION authorizing acceptance of additional funding for 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. . . 561 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 of Roanoke to accept from the Virginia Department of Behavioral Health and Developmental Services, the additional funding for the Strategic Prevention Framework State Incentive sub-grant in the amount of $10,500.00, with no local match required, to fund overtime traffic DUI enforcement, as more particularly described in the City Council Agenda Report dated March 17, 2014. 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: nri Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39877-031714. 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 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: 562 Appropriations Overtime Wages 35-640-3499-1003 $ 9,754.00 FICA 35-640-3499-1120 746.00 Revenues SPF-SIG Grant FY13 - State 35-640-3499-3499 10,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AT(TcEST�: Stephanie M. Moon, MMC ' David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39878-031714. AN ORDINANCE accepting the transfer of twenty-two (22) parcels of real property, together with any buildings and improvements thereon, all situated in Roanoke, Virginia and more particularly described as follows: Official Tax Map No. Property Address 4013321 197 Bullitt Avenue, S. E. 4011413 120 Church Avenue, S. E. 1212006 1302 Salem Avenue, S. W 2010916 0 Patton Avenue, N. W. 2010917 0 Patton Avenue, N. W. 2010918 0 Gainsboro Road, N. W. 2013514 115 Centre Avenue, N. W. 2012921 221 Gainsboro Road, N. W. 2012949 213 Gainsboro Road, N. W. • d 563 2012922 224 Henry Street, N. W. 2012923 220 Henry Street, N. W. 2012940 216 Henry Street, N. W. 2012941 212 Henry Street, N. W. 2012942 206 Henry Street, N. W. 2012947 202 Henry Street, N. W. 2012920 0 Wells Avenue, N. W. 2012939 0 Loudon Avenue, N. W. 2012943 0 Loudon Avenue, N. W. 2012944 0 Loudon Avenue, N. W. 2012945 0 Loudon Avenue, N. W. 2012946 0 Loudon Avenue, N. W. 2013004 24 Wells Avenue, N. W. (collectively, the Properties) from the City of Roanoke Redevelopment and Housing Authority (RRHA); authorizing the City Manager to execute all documents and take such other actions necessary to implement, administer, and effectuate the transfer of the Properties to the City, including terminating a Parking Lot Management Agreement dated October 15, 2002, between the City and RRHA; and dispensing with the second reading by title of this Ordinance. WHEREAS, RRHA served to promote affordable housing and redevelopment of . property for the benefit of the citizens of Roanoke; WHEREAS, RRHA has worked with City staff to review certain properties which RRHA currently owns with the intention of determining the best use of such properties; WHEREAS, RRHA, in consultation with City staff, has determined that RRHA has no immediate plans for development of the Properties, and RRHA has adopted Resolution No. 3772, dated November 18, 2013, that authorized the transfer of the Properties to the City; WHEREAS, the City is prepared to accept the transfer of the Properties; WHEREAS, one or more of the Properties are subject to the Parking Lot Agreement dated October 15, 2002, between the City and RRHA which Parking Lot Agreement shall be terminated following the transfer of the Properties; WHEREAS, Section 2-263 of the Code of the City of Roanoke (1979), as amended, required City Council to accept a gift in excess of $5,000.00 and the aggregate assessed value of the Properties is $1,979,900.00; WHEREAS, the City Manager recommends to City Council to accept the transfer of the Properties from RRHA to the City as more particularly set forth in the City Council ` ' Agenda Report dated March 17, 2014; and 564 WHEREAS, City Council has determined that the transfer of the Properties from RRHA to the City will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council accepts the transfer of the Properties from RRHA to the City in accordance with the terms of the proposed general warranty deeds (Deeds), copies of which Deeds are attached to the City Council Agenda Report dated March 17, 2014, and pursuant to Section 2-263, Code of the City of Roanoke (1979), as amended. 2. City Council authorizes the City Manager to accept the Deeds on behalf of the City in accordance with Section 15.2-1803, Code of Virginia (1950), as amended, such Deeds to be substantially similar to the Deeds attached to the City Council Agenda Report dated March 17, 2014, and the form of the Deeds is to be approved by the City Attorney. 3. The City Manager is further authorized to take such further actions and execute such further documents as may be necessary to acquire, accept, effectuate, implement, and administer the transfer and acceptance of the Properties from RRHA to the City, including without limitation, executing such documents necessary to terminate the Parking Lot Agreement, and obtaining owner's title insurance for each of the Properties. All such documents shall be approved as to form 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 effective as of the date of its passage. APPROVED ATTEST: ALtaL-AANO. CD- Mirciais- Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor . . 565 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39879-031714. A RESOLUTION accepting an award of Intercity Passenger Rail Operating and Capital (IPROC) Transportation Funds in the amount of $3,000,000.00 to the City from the Virginia Department of Rail and Public Transportation (VDRPT); authorizing the City Manager to execute the IPROC Transportation Fund 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 VDRPT award of IPROC Transportation Funds in the amount of $3,000,000.00 for engineering design and construction of improvements to the Trout Run drainage structure for the proposed Roanoke Multi-Modal Passenger Rail Station Platform project, upon certain terms, provisions, and conditions relating to the receipt of such funds. The grant does not require any matching funds but all funding required in excess of VDRPT's level of participation is the responsibility of the City. The grant is more particularly described in the City Council Agenda Report dated March 17, 2014. 2. City Council hereby authorizes the City Manager to execute the IPROC Transportation Fund Grant Agreement (Agreement) similar to the one attached to the above mentioned City Council Agenda Report, with such Agreement 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 Agreement, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: (yiry3 scill.aowywess-- Stephanie M. Moon, MMC, David A. Bowers City Clerk Mayor 566 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, . r The 17th day of March, 2014. No. 39880-031714. AN ORDINANCE to appropriate funding for the Passenger Rail Infrastructure 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 08-530-9653-9007 3,000,000.00 Revenues VDRPT Passenger Rail Infrastructure 08-530-9653-9653 3,000,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: kn Dcr:SCAmdia Stephanie M. Moon, MMC / David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39881-031714. AN ORDINANCE to appropriate funding from the Civic Facilities Fund Retained Earnings for replacement of carpet in the Roanoke Performing Arts Center and spotlights in the Coliseum, amending and reordaining certain sections of the 2013 - 2014 Civic Facilities Fund Appropriations, and dispensing with the second reading by title of this ordinance. r 567 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 Civic Facilities Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Other Equipment 05-550-2105-9015 $ 25,000.00 Appropriated from General Revenue 05-550-8618-9003 180,000.00 Fund Balance Retained Earnings - Available 05-3348 (205,000.00) 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 sc)-C Stephanie M. Moon, MMC [ 3�d F . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39882-031714. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2014 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, 2014, 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. 0. 568 NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000.00 or less. 2. That qualifying personal use vehicles valued at $1,001.00 - $20,000.00 will be eligible for 58.37% tax relief. 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only receive 58.37% tax relief on the first $20,000.00 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. APPROVED ATTEST: Ltfi-i-)Qt-lii-Ant).Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39883-031714. 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, amending and reordaining certain sections of the 2013 - 2014 Civic Facilities, Capital Projects and School Capital Projects Funds, and dispensing with the second reading by title of this ordinance. 569 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2013 - 2014 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 Civic Center Upgrades 05-550-9506-9340 $1,000,000.00 Capital Projects Fund Appropriations City-wide Curb, Gutter, Sidewalk FY14 08-530-9535-9361 750,000.00 Passenger Rail Infrastructure 08-530-9535-9362 600,000.00.00 Franklin Rd over NSRW — Bridge Replace 08-530-9535-9342 1,800,000.00 Main Library 1st Floor Improvements 08-530-9535-9343 2,800,000.00 Parks & Rec Master Plan - Phase II 08-530-9535-9344 1,000,000.00 Neighborhood Storm Drain Projects 08-530-9535-9337 1,120,000.00 Streetscape Improvements 08-530-9535-9363 500,000.00 Roanoke Police Academy Expansion 08-530-9535-9364 250,000.00 Revenues General Obligation Bond Proceeds - Par 08-110-1234-1042 8,262,800.00 General Obligation Bond Proceeds - Premium 08-110-1234-1046 557,200.00 School Capital Projects Fund Appropriations Virginia Heights Improv & Expand 31-060-9691-9366 2,400,000.00 Round Hill Exp — Phase I 31-060-9691-9367 600,000.00 Revenues General Obligation Bond Proceeds - Par 08-110-1234-1042 2,810,400.00 General Obligation Bond Proceeds - Premium 08-110-1234-1046 189,600.00 - Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: At. L...c.L.) 1�. 71D J WQ2g-A"^"Ats--■- Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 570 ' 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39884-031714. AN ORDINANCE to appropriate funding from the Virginia Department of Education State Operated Programs grant for educational services, 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 Juvenile Detention Education 302-110-0000-1070-316H-61100-41138-9-09 $ 3,200.00 Coordinators/Instructors Tech/Hardware 302-110-0000-1070-316H-68100-48110-9-09 10,000.00 Replacements Revenues - State Grant Receipts 302-000-0000-0000-316H-00000-32220-0-00 13,200.00 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: Iwriegt:ticsiy). ) 0#3 0020%A.ww,„.... Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39885-031714. A RESOLUTION urging U. S. Representative Bob Goodlatte to lead the House Judiciary Committee in developing legislation for adoption by the United States House ~ ' of Representatives of a Marketplace Fairness Act to protect state and local government revenue sources. 571 WHEREAS, many state and local governments, including the Commonwealth of Virginia and many localities in the Roanoke Valley, rely upon revenues generated from the sales of goods and products; WHEREAS, the Internet has created exciting new markets for entrepreneurs, existing businesses, and emerging enterprises throughout the Roanoke Valley; WHEREAS, traditional retail outlets throughout the Roanoke Valley and the Commonwealth of Virginia confront an unfair disadvantage because of the inability to collect sale tax revenues on remote, online purchases; WHEREAS, one study, conducted in 2009, estimated that Virginia lost $230 million annually in revenue from e-commerce transactions that are subject to existing sales taxes in the Commonwealth; WHEREAS, the sales tax revenues support approximately 8% of general fund budget of the City of Roanoke; WHEREAS, the City of Roanoke estimates that its annual sales tax revenues would be an addition 4% of the general revenues of the City if fair, effective, and reasonable mechanisms are established to facilitate the collection of existing sales taxes from e-commerce transactions; WHEREAS, the United States Senate has passed the Marketplace Fairness Act by an overwhelming, bipartisan vote; WHEREAS, the United States House of Representatives Committee on the Judiciary, chaired by Rep. Bob Goodlatte, has announced the opening hearings on consideration of the Marketplace Fairness Act; and WHEREAS, immediate action on the Marketplace Fairness Act in the United States House of Representatives is essential to the economic growth of the Commonwealth and the Roanoke Valley. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that 1. The Council of the City of Roanoke urges Rep. Bob Goodlatte, as chair of the House Judiciary Committee, to lead the Judiciary Committee in adopting a version of the Marketplace Fairness Act to protect the vital economic interests of the Commonwealth and the Roanoke Valley, lead the House of Representatives in adopting the proposal, and lead the conference committee with the United States Senate in creating a law to protect and enhance of the economic interests of states and local ' governments, including the Commonwealth of Virginia and the localities of the Roanoke Valley. 4 572 2. The Council of the City of Roanoke urges Congress to enact a Marketplace Fairness Act to eliminate an antiquated disadvantage to small businesses throughout the Country and support state and local governments by providing the tools to recover revenues due to such state and local governments. 3. The City Clerk is directed to delivered attested copies of this Resolution to Rep. Goodlatte and all other members of the Virginia Congressional delegation. APPROVED ATTEST: ,mob Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39886-031714. A RESOLUTION memorializing the late Elizabeth Thomas Bowles, former City Council member and longtime resident of Roanoke. WHEREAS, the members of Council learned with sorrow of the passing of Ms. Bowles on Tuesday, December 10, 2013; WHEREAS, Ms. Bowles grew up in Pembroke in Giles County, and lived there until her family moved to Roanoke; WHEREAS, Ms. Bowles was a graduate of Jefferson High School; WHEREAS, Ms. Bowles married Ralph K. Bowles in 1940 and the couple owned and operated Bowles Bake Shop for 38 years; WHEREAS, Ms. Bowles was elected to serve on City Council in 1976 and won five terms, serving for 20 years before retiring in 1996, and was the first woman vice- mayor from 1976 to 1978; WHEREAS, Ms. Bowles' husband, Ralph, served an interim term on Roanoke City Council in 1965, and he and she are the only couple in Roanoke who both served -� their City as members of the Roanoke City Council; 573 WHEREAS, during her years on the Council, Ms. Bowles supported the creation of Center in the Square that became a cultural centerpiece in the City Market district; backed the construction of the Roanoke Regional Airport terminal in the late 1980's; and was an early supporter of the Roanoke River flood reduction project; WHEREAS, a fellow Council member once dubbed Ms. Bowles the "Iron Lady of Williamson Road" for her determination in shutting down massage parlors and adult bookstores near her neighborhood; WHEREAS, Ms. Bowles led beautification and landscaping projects throughout the City; WHEREAS, Ms. Bowles was active in the Williamson Road community and her church, Huntington Court United Methodist, for 72 years; WHEREAS, Ms. Bowles developed a strong connection to the Miss Virginia Pageant, having traveled to Atlantic City, N. J., as a representative of the Valley Junior Woman's Club, where she was granted a scholarship pageant franchise for the club and is credited for bringing the pageant to Roanoke; was named the 1996 First Woman of the Year by the Miss Virginia Pageant for her part in securing the Miss Virginia franchise for Roanoke; and was on the board of the Miss Virginia Pageant for 45 years, serving as president during a portion of her tenure on the board; WHEREAS, Ms. Bowles was honored with awards, including the 1962 Mother of the Year award and the 1981 Outstanding Woman of the Year for Southwest Virginia; WHEREAS, Ms. Bowles was the first female president of the merchants association at Towers Shopping Center, where one of her bakeries was located, and helped found the Williamson Road Action Forum; and WHEREAS, Ms. Bowles served her community and was active on the board for Total Action Against Poverty Board for 22 years; on the Advisory Board for the Salem VA Hospital; as Secretary and Treasurer for the Roanoke Valley Chapter of American Ex-Prisoners of War; as State Commander for the Commonwealth of Virginia for the American Prisoners of War Mayor's committee for the disabled; as Chairman of the Virginia Municipal League and National League of Cities Committee; as a Charter Member of Roanoke Crossroads Lions Club; and was a member of the American Business Women's Association, the Williamson Road Women's Club, and the Oakland Garden Club (President three years). THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: t. 574 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Elizabeth Thomas Bowles, extending to her family its sincerest condolences, and recognizing her indelible legacy she has left to her City and fellow citizens. 2. The City Clerk is directed to forward an attested copy of this resolution to Ms. Bowles' children, Patsy Heffernan, Connie Lagueux, Thomas Bowles, and David Bowles, all of Roanoke, Virginia. APPROVED ATTEST: y�,� A14004.:4-0-- u / 1• 0OY%-) CeRtp~^"...-% Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39888-031714. AN ORDINANCE authorizing the proper City officials to execute a general warranty deed (Deed) to grant to the Commonwealth of Virginia (Commonwealth) to sell to the Commonwealth certain interests and rights in portions of City owned real property situated at 502 Williamson Road, S. E., Roanoke, Virginia, which real property is depicted as Official Tax Map No. 4013322 (Premises); authorizing the City Manager to execute the Deed to convey to the Commonwealth (i) in fee for right-of-way a portion of the Premises consisting of approximately 0.029 acres (Fee Interest), (ii) a permanent drainage easement encumbering approximately 0.012 acres of land of the Premises (Permanent Drainage Easement), and (iii) a temporary construction easement encumbering approximately 0.251 acres of the Premises (Temporary Construction Easement); authorizing the sale of the Fee Interest, the Permanent Drainage Easement and the Temporary Construction Easement to the Commonwealth for the sum of $89,585.00; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Commonwealth of Virginia Department of Transportation (VDOT) has commenced construction of highway improvements in connection with Interstate 581/Elm Avenue Interchange within the City (Project); 575 WHEREAS, the Commonwealth requires certain rights and interests in City owned property identified as the Premises in connection with the Project being constructed by VDOT; WHEREAS, the Commonwealth has proposed acquisition of the Fee Interest, the Permanent Drainage Easement, and the Temporary Construction Easement from the City for the sum of $89,585.00 on terms and conditions of an option agreement; WHEREAS, the City recently accepted the transfer of the Premises by the City of Roanoke Redevelopment and Housing Authority (RRHA) and the City has agreed to distribute to RRHA a portion of the proceeds received from the Commonwealth for costs incurred by RRHA in transferring the Premises and 22 other parcels of real estate to the City; WHEREAS, the Council, after proper advertisement, held a public hearing on the above matter on March 17, 2014, pursuant to Sections 15.2-1800 and 15.2-1813, Code of Virginia (1950), as amended, at which public hearing all parties and interested entities were afforded the opportunity to be heard on the above matter; and WHEREAS, after closing the public hearing, Council believes that the sale of the Fee Interest, the Permanent Drainage Easement, and the Temporary Construction Easement will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council approves the Deed as set forth in the City Council Agenda Report dated March 17, 2014, which deed conveys to the Commonwealth the Fee Interest, the Permanent Drainage Easement, and the Temporary Construction Easement in portions of the Premises for the sum of $89,585.00. City Council further finds that the sale of the Fee Interest, the Permanent Drainage Easement, and the Temporary Construction Easement, as set forth in the City Council Agenda Report dated March 17, 2014, 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 Deed, and sell, convey and transfer the Fee Interest, the Permanent Drainage Easement, and the Temporary Construction Easement in portions of the Premises as described in the City Council Agenda Report dated March 17, 2014, to the Commonwealth. The Deed is to be substantially similar to the document attached to the City Council Agenda Report dated March 17, 2014, and approved as to form by the City Attorney. The purchase price to be paid to the City is $89,585.00 of which proceeds the City shall transfer$10,000.00 to RRHA. 576 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 the option, and negotiate, execute, deliver, and implement any other agreements or documents related to this matter. The form of all such other documents are to be approved as to form by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. 5. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: F•11-0,44,..-4.4)11Y) •11011v--) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39889-031714. AN ORDINANCE to appropriate funding from the Parking Fund for the acquisition of Real Property located at 502 Williamson Road S. E. (Official Tax Map No. 4013322) from the City of Roanoke Redevelopment and Housing Authority to support the formation of temporary easements on the property and the purchase of a small amount of acreage by the Virginia Department of Transportation (VDOT) for the improvement project at Elm Avenue and 1-581, and dispensing with the 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 Parking Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Parking Fund Appropriations Land Purchases 07-540-8208-9050 10,000.00 Revenues Elmwood Lot - VDOT 07-110-1234-0585 89,585.00 577 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: CAtiLbLajell. )This) Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39890-031714. AN ORDINANCE authorizing the City Manager to execute the necessary documents providing for the conveyance of approximately 1.13 acres of City-owned property known as a portion of Brown-Robertson Neighborhood Park, situated at 0 (zero) 10th Street, N. W., Roanoke, Virginia, and designated as portions of Roanoke Official Tax Map Nos. 2050402 and 2050307, to the Commonwealth of Virginia ("Commonwealth"), as a right of way to the Commonwealth and Virginia Department of Transportation ("VDOT") in support of the 10th Street Improvement Project 0000-128- V12 (UPC709), RW-202; upon certain terms and conditions; and dispensing with the second reading of this ordinance. WHEREAS, a public hearing was held on March 17, 2014, pursuant to Sections 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. NOW 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 the necessary documents providing for the conveyance of approximately 1.13 acres of City-owned property known as a portion of Brown-Robertson Neighborhood Park, situated at 0 (zero) 10th Street, N. W., Roanoke, Virginia, and designated as portions of Roanoke Official Tax Map Nos. 2050402 and 2050307, to the Commonwealth, as a right of way to the Commonwealth and VDOT in support of the • ' 10th Street Improvement Project U000-128-V12 (UPC709), RW-202, upon certain terms and conditions, and as more particularly stated in the City Council Agenda Report dated March 17, 2014. 578 2. In exchange for the aforementioned conveyance, the Commonwealth shall convey to the City approximately 0.289 acres of a portion of property of equivalent or greater value owned by the Commonwealth, adjacent to Brown—Robertson Neighborhood Park, located at 1522 10th Street, N. W., Virginia, designated as Roanoke Official Tax Map No. 2130522, to be used by the City for park purposes. 3. The proposed conveyances are subject to and conditioned on the approval of the National Park Service, because the Brown-Robertson Neighborhood Park was improved, in part, by using federal monies which required the park to permanently be used for park purposes. 4. All documents necessary for the above conveyances shall be in form approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Atraje> Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of March, 2014. No. 39891-031714. AN ORDINANCE amending and reordaining Section 19-74, Fortunetellers, and Section 19-82, Criminal penalty, of Article III, Special License Taxation, of Chapter 19, License Tax Code, of the Code of the City of Roanoke (1979), as amended, to lower the current amount of the business license tax that may be assessed against persons engaged in the business of fortunetelling to the maximum amount allowable under state law, and making certain other changes consistent with state law; 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: 579 1. Chapter 19, License Tax Code, §19-74, Fortunetellers, and §19-82, Criminal Penalty, Article Ill, Special License Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended to read and provide as follows: Sec. 19-74. Fortunetellers Fortune-Tellers. Effective January -1-880January 1, 2014, there is imposed upon every person doing business in this city as a fe#unetetlerfortune-teller (as defined on page 2 of "Guidelines") a license tax of ($1,200.00) three hundred dollars ($300.00) per year. For purposes of this license tax, the term "fortune-teller" is defined as any person, who for compensation, shall pretend to tell fortunes, assume to act as clairvoyant, or to practice palmistry or phrenology. This license shall not be transferable. Sec. 19-82. Criminal penalty. Any person violating any provision of this article shall, upon conviction, shall be guilty of a Class 23 misdemeanor and subject to the penalties set forth in Section 18.2-11(bc), Code of Virginia (1950), as amended. 2. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 3. This Ordinance shall become effective and be retroactive to January 1, 2014, upon its passage. APPROVED ATTEST: *LL1. P7ol CX:::gtrnan."*"%"Th Stephanie M. Moon, MMC David A. Bowers City Clerk Mayor 580 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39892-040714. A RESOLUTION approving the Roanoke Regional Airport Commission's 2014 - 2015 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the City of Roanoke hereby approves the Roanoke Regional Airport Commission's 2014 - 2015 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 Roanoke Regional Airport Commission to this Council dated March 28, 2014. APPROVED ATTEST: *LA) -''' Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39893-040714. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2014 - 2015, upon certain terms and conditions. 581 BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2014 - 2015, in the amount of $8,502,303.00 is hereby approved, all as more particularly set forth in a letter, and attachments thereto, to the City Manager dated March 26, 2014, 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: 4Atts 142) Stephanie M. Moon (Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39894-040714. A RESOLUTION accepting the donation of the electric vehicle charging station from Virginia Clean Cities, Inc.; and authorizing the City Manager to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, administer, and use the donation of the charging station. WHEREAS, Virginia Clean Cities, Inc., a non-profit organization dedicated to promoting and facilitating increased use of alternative fuels and vehicles, is donating an electric vehicle (EV) charging station to the City; and WHEREAS, it is the recommendation of the City Manager that City Council accept the donation of the electric vehicle charging station for use by the public in the City in accordance with the provisions of Section 2-263, Code of the City of Roanoke (1979), as amended, which provides that gifts valued in excess of $5,000.00 be accepted by resolution of City Council. 582 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation of the electric vehicle charging station from Virginia Clean Cities, Inc., in accordance with the recommendation contained in the City Council Agenda Report dated April 7, 2014. 2. The City Manager is hereby authorized to take such further actions and execute all necessary documents as may be necessary to obtain, accept, implement, administer, and use the donation of the charging station, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reyn '//)olds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39895-040714. A RESOLUTION accepting the Project Lifesaver Grant to the City from the Community Foundation of Western Virginia, Inc., d/b/a Foundation for Roanoke Valley, 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 Project Lifesaver Grant offered by the Community Foundation of Western Virginia, Inc., d/b/a Foundation for Roanoke Valley, in the amount of $13,320.00, to be used to save lives and reduce potential injury for adults and children who wander due to Alzheimer's, Autism, and other related conditions or disorders, as follows: a. $6,000.00 to be used to purchase sixteen (16) tracing devises for ten (10) older adults currently on the equipment waiting list, six (6) new clients, as well as purchase replacement batteries and bands for ten (10) older adults; and 583 b. $7,320.00 to be used to purchase twenty (20) tracking devises for fifteen (15) children and adults that are currently on the waiting list, plus five (5) new clients. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated April 7, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Af—O.A.A.1)07)•Stephanie M. Moon Reynolds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39896-040714. AN ORDINANCE appropriating funding from the Foundation for Roanoke Valley for Project Lifesaver for the purpose of purchasing tracking devices and related supplies, 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: 584 Appropriations Program Activities — General 35-640-3672-2066 $ 7,320.00 Program Activities — Senior Citizens 35-640-3672-2120 6,000.00 Revenues Project Lifesaver Grant FY14 35-640-3672-3672 13,320.00 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: Atjto,se_i 11)1. Wes. kl o l0A.) . e.M...•._ Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39897-040714. A RESOLUTION authorizing acceptance of the FY2014 "Four-For-Life" grant award for Emergency Medical Services (EMS) made to the City of Roanoke by the Commonwealth of Virginia, Department of Health, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia, Department of Health, the FY2014 "Four-For-Life" grant award for Emergency Medical Services (EMS) in the amount of $79,851.20, with no local match, to be used for training, supplies or other appropriate items used for EMS, as more particularly described in the City Council Agenda Report dated April 7, 2014. 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 award in a form approved by the City Attorney. 585 3. The City Manager is further directed to furnish such additional information as may be required by the Commonwealth of Virginia, Department of Health, in connection with the acceptance of the foregoing grant award. APPROVED ATTEST: TEST / -QC:52._. Stephanie M. Moon Reynolds, MMC STD David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39898-040714. AN ORDINANCE appropriating funding from the Virginia Department of Health for the purpose of purchasing emergency medical service (EMS) training and supplies, 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 35-520-3543-2035 $ 26,617.00 Training and Development 35-520-3543-2044 26,617.00 Other Equipment 35-520-3543-9015 26,617.00 Revenues Four-For-Life Grant FY14 35-520-3543-3543 79,851.00 586 Pursuant 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 eynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39899-040714. AN ORDINANCE allowing an encroachment requested by RRI Apartments I, LLC ("RRI"), developer of THE BRIDGES, a project designed to redevelop a portion of the area located along the Roanoke River("Project"), to place an electrical transformer pad and an electrical transformer into the public right of way adjacent to property designated as Official Tax Map Nos. 4040404 and 4040405, located along Old Whitmore Avenue in Roanoke, Virginia, in connection with Phase I of the Project, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to RRI Apartments I, LLC to allow the placement and encroachment of an electrical transformer pad and an electrical transformer into the public right of way adjacent to property designated as Official Tax Map Nos. 4040404 and 4040405, located in the City of Roanoke, Virginia, along Old Whitmore Avenue for the purpose of providing electric power to serve two buildings that would contain space for residential housing and commercial operations, in connection with Phase I of the Project, as more particularly set forth and described in the City Council Agenda Report dated April 7, 2014. 587 2. RRI agrees that, in maintaining such encroachment, RRI 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. RRI agrees that the encroachment shall be removed from the right of way at any time 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 RRI. RRI 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 RRI's sole cost and expense. 3. RRI, 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 RRI Apartments I, LLC, P. O. Box 40013, Roanoke, Virginia, 24002. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by RRI has been admitted to record, at the cost of RRI, 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 RRI and recorded in the Circuit Court Clerk's Office for the City of Roanoke within ninety (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 588 The undersigned acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. RRI APARTMENTS I, LLC, a Virginia limited liability company, By: PRG Roanoke Associates, LLC Its: Manager By: Printed Name: Title: 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 "MP 2014, by , the , of PRG Associates, LLC, a Virginia limited liability company, as manager of RRI Apartments I, LLC, a Virginia limited liability company, for and on behalf of RRI Apartments I, LLC. My Commission expires: Notary Public Registration No. APPROVED ATTEST: II*4-4-kA7Y). kY770 44) Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor 589 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39900-040714. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Moran Street/Blanton Avenue and Fresno Street/Aspen Street Drainage Improvement Projects ("Projects"); authorizing City staff to acquire such property rights by negotiation for the City; 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. 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 City Council Agenda Report dated April 7, 2014, for, (i) the Moran Street/Blanton Avenue Drainage Improvement Project and Fresno Street/Aspen Street Drainage Improvement Project, in the general vicinity of the 3500 block of Moran Street, S. E.; N. W., Roanoke, Virginia and the 1300 and 1400 block of Hillview Avenue, S. E., Roanoke, Virginia, and (ii) the Fresno Street/Aspen Street Drainage Improvement Project, in the general vicinity of the 1500 block of Fresno Street, N. W., Roanoke, Virginia, 2800 and 2900 block of Cove Road and Ajax Avenue, N. W., Roanoke, Virginia, and the 1500 block of Aspen Street, N. W., Roanoke, Virginia, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City 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 Projects 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 Projects' 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. 590 a 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: Stephan ie M. Moon , MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39901-040714. AN ORDINANCE authorizing the City Manager to execute on behalf of the City a Temporary Nonexclusive Revocable License Agreement with Sidera Networks, LLC d/b/a Lightower Fiber Networks, that allows the construction, maintenance, and operation of an underground telecommunications fiber optic cable in the City's public ways; authorizing the City Manager to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Temporary Nonexclusive Revocable License Agreement with Sidera Networks, LLC d/b/a Lightower Fiber Networks (Licensee), that allows the construction, maintenance, and operation of an underground telecommunications fiber optic cable in the City's public ways, all as is more particularly set forth in the City Council Agenda Report to this Council dated April 7, 2014. 2. The term for the Temporary Nonexclusive Revocable License Agreement shall be for one year, and continue month to month thereafter or until the City adopts a final Telecommunications Regulatory Ordinance, Franchise and/or Agreement, whichever occurs first, and shall be subject to being revoked without cause upon sixty days notice from the City to the Licensee. . • 591 3. The Temporary Nonexclusive Revocable License Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the City Council Agenda Report to this Council dated April 7, 2014. 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to implement, administer, and enforce such Temporary Nonexclusive Revocable License Agreement, with any such documents being approved as to form by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor Alternative Ordinance B (Draft date: 04.07.2014) IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 7th day of April, 2014. No. 39902-040714. AN ORDINANCE amending Chapter 24, Public Buildings and Properties Generally, by adding Article V. Mill Mountain Advisory Board, Code of the City of Roanoke (1979), as amended; dispensing with the second reading by title of this Ordinance; and establishing an effective date. WHEREAS, by Resolution No. 16631, adopted September 7, 1965, City Council established Mill Mountain Development Committee for the purpose of advising, assisting, and making recommendations regarding the development of Mill Mountain Park; 592 -- a WHEREAS, Council designated seven (7) persons to serve on Mill Mountain Development Committee, including the Mayor, the City Manager, the City Auditor, the Director of Parks and Recreation, the President of the Roanoke Council of Garden Clubs, and the President of the Roanoke Junior Women's Club; WHEREAS, by Resolution No. 23074, dated July 6, 1976, City Council continued the existence and operation of twelve (12) ad hoc committees, including Mill Mountain Development Committee, as ad hoc committees, and expressly dissolved all other ad hoc committees created by City Council; WHEREAS, by motion adopted at a regular session of City Council held on March 17, 1997, City Council approved the mission and vision statements adopted by the Mill Mountain Development Committee and changed the name of such committee to the Mill Mountain Advisory Committee; WHEREAS, Mill Mountain Advisory Committee currently has nine (9) members and the Mayor as ex officio, continues to meet on a regular basis, and submits an annual report and recommendations to City Council consistent with its mission "regarding appropriate maintenance and improvement for Mill Mountain Park;" WHEREAS, by Ordinance No. 38862-062110, adopted June 21, 2010, City Council authorized the conveyance of a perpetual conservation easement to Virginia Outdoors Foundation and Western Virginia Land Trust (now known as Blue Ridge Land Conservancy) that would encumber approximately 537.2798 acres of the approximately 568.0058 acres of land owned by the City within the Mill Mountain area; WHEREAS, by deed of gift of easement dated June 23, 2010, the City granted the perpetual conservation easement to Virginia Outdoors Foundation and Western Virginia Land Trust in order to preserve and protect the conservation value of the approximately 537.2798 acres of land subject to such conservation easement; WHEREAS, the conservation easement expressly excluded approximately 30.7260 acres of land owned by the City at Mill Mountain from the encumbrance and restrictions of the conservation easement; WHEREAS, over the past two (2) years City Council, members of Mill Mountain Advisory Committee, and interested individuals have discussed the status of Mill Mountain Advisory Committee; WHEREAS, by motion adopted at a regular session of City Council held on February 18, 2014, City Council directed the City Attorney to prepare an appropriate measure to establish Mill Mountain Advisory Committee as a permanent committee to advise City Council; . .. 593 WHEREAS, this matter was set for consideration by City Council at the regular session of City Council on March 3, 2014, and the matter was continued to the regular session of City Council on March 17, 2014, at 2:00pm due to inclement weather; WHEREAS, Mayor David Bowers has requested the City Attorney to prepare an alternative to the proposed ordinance included in the City Council Report dated March 3, 2014, submitted by the City Attorney; WHEREAS, the alternative proposed ordinance (Alternative Ordinance A) was included in the City Council Report dated March 17, 2014, submitted by the City Attorney; WHEREAS, City Council moved the adoption of Alternative Ordinance A at its session on March 17, 2014 and tabled the matter for additional consideration at the regular session of City Council on April 7, 2014; WHEREAS, Council Member David Trinkle requested the City Attorney to prepare an alternative proposed ordinance that would address the procedures for the creation of an ad hoc committee to review specific proposals for development within the area of Mill Mountain Park excluded from the conservation easement; WHEREAS, the alternative proposed ordinance requested by Council Member Trinkle (Alternative Ordinance B) was included in the City Council Report dated April 7, 2014, submitted by the City Attorney; and WHEREAS, City Council has reviewed the Alternative Ordinance B and City Council Report dated April 7, 2014, submitted by the City Attorney, and City Council has determined that the establishment of Mill Mountain Advisory Committee as an advisory board within the Code of the City of Roanoke, with the duties and responsibilities set forth in the Alternative Ordinance B, as more particularly described in the City Council Report dated April 7, 2014, as submitted by the City Attorney, is in the best interests of the City and its citizens and, in accordance with Section 63 of the Charter of the City of Roanoke, Virginia, Mill Mountain Advisory Board shall be established as set forth herein. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 24, Public Buildings and Properties Generally, is hereby amended by adding Article V. Mill Mountain Advisory Board, to read and provide as follows: 594 Article V. Mill Mountain Advisory Board . Sec. 24-104. Definitions. The following terms shall have the following meanings when and as used in this article: (a) "Board" shall mean the Mill Mountain Advisory Board as established by Section 24-105. (b) "Conservation Easement" shall mean the perpetual conservation easement dated June 23, 2010, granted by the City to Virginia Outdoors Foundation and Western Virginia Land Trust, and their respective successors and permitted assigns, and any amendments thereto. The conservation easement is recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia as Instrument No. 100006658. (c) "Conservation Easement Property" means the approximately 537.2798 acres of land located at Mill Mountain and encumbered by the conservation easement. The conservation easement ~' property is also more particularly described in the conservation easement and the plat referenced in the conservation easement. (d) "Excluded Property" means the approximately 30.7260 acres of land owned by the city at Mill Mountain that is expressly excluded from and not subject to the conservation easement. The excluded property is more particularly described in the conservation easement and the plat reference therein. The excluded property is depicted as the "Property of the City of Roanoke Not Included in Conservation Easement," on the plat that is recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia at Map Book 1, Pages 3599-3606. (e) "Mill Mountain Park" means the conservation easement property and the excluded property. Sec. 24-105. Board established; composition. There is hereby established a Mill Mountain Advisory Board to be comprised of nine (9) members none of whom shall be a member of city council. One (1) member shall be a member of the Mill Mountain Garden Club; one (1) member ---04 shall be a member of the Mill Mountain Zoo, and one (1) member shall be a representative of the Fishburn family. In the event that no individual from one or 595 more of these three groups is willing or available to serve as a member of the board, city council shall appoint a person without such qualification to serve for each such position for which the designated group has no candidate for a position on the board. Pursuant to Section 2-282 of the code of the city, the Mayor shall serve ex officio, as a nonvoting member. The presence or absence of the Mayor shall not be counted in determining a quorum. Sec. 24-106. Appointment and terms of members. Members of the board shall be appointed by the city council. Initially, three (3) members shall each serve for a term of one (1) year ending June 30, 2015; three (3) members shall each serve for a term of two (2) years ending June 30, 2016; and three (3) members shall each serve for a term of three (3) years ending June 30, 2017. Thereafter, members shall be appointed for terms of three (3) years, each terminating on June 30. Vacancies shall be filled by the council for the unexpired portion of any term. Sec. 24-107. Members not compensated. The members of the board shall serve without compensation for their services as such members. Sec. 24-108. Selection of officers; meetings. (a) The members of the board shall annually, at its July regular meeting, select a chairman and a vice-chairman. Special meetings of the board shall be held on call of the chairman, the vice- chairman, the mayor or of any three (3) members of the board. The board shall schedule not more than six (6) regular meetings in any one fiscal year and shall not schedule more than one (1) regular meeting of the board during any two (2) calendar month period. (b) The chairman of the board shall be the presiding officer at all meetings. The vice-chairman shall act on behalf of the chairman in the absence or inability of the chairman to act. (c) The director of the department of parks and recreation shall appoint staff to keep minutes and records of all proceedings of the board, prepare agendas for meetings, notify members of meetings, arrange for legal notices of meetings, prepare all agenda packages, and perform all other duties of a secretary. 596 (d) The board may adopt bylaws with respect to the operation of the board provided such bylaws are not inconsistent with this article. Sec. 24-109. General functions and duties. (a) Subject to the limitations set forth in this article, the board shall act solely in an advisory capacity to advise council regarding: (i) appropriate maintenance and improvements of Mill Mountain Park; (ii) conservation, preservation, or development proposals that may be presented to city council regarding the conservation easement property that may be permitted thereon pursuant to the terms of the conservation easement; (iii) amendments that may be proposed to be made to the conservation easement that are presented to council; and (iii) proposed development that may be presented to city council within the excluded property unless city council creates an ad hoc committee as provided in section 24-110(c) of this article. (b) The board shall act solely in an advisory capacity on all other matters that city council may refer to the board. (c) The board shall provide regular reports to city council regarding the recommendations and advice to council and shall provide an annual report as required pursuant to section 2-285 of the code of the city. Sec. 24-110. Limitation on authority. (a) The board and its members shall have no authority to act for or on behalf of city council, the city manager, any other officer of the city, or any department of the city in any matter related to the discharge of its duties, responsibilities or authorities of such department or officer. The recommendations and advice made by the board to the city council are advisory only and the city council shall act upon such recommendations and advice as it shall determine. 597 (b) The board's duties and responsibilities are not exclusively assigned to the board as other boards, commissions, and committees within the city have assigned duties with respect to activities in, at, or around the Mill Mountain Park area. Nothing in this article shall preclude city council from creating additional boards, committees, or commissions with respect to Mill Mountain Park, including any proposed development within the excluded property. (c) (i) In the event that development is proposed for all or any or portion of the excluded property, at one time or at any time, city council may appoint an ad hoc committee to advise city council with respect the proposed development within the excluded property. An ad hoc committee created pursuant to this subsection shall consist of not more than eleven (11) members, of which three (3) members shall be members of the board recommended to city council by the board, and one (1) member shall be a member of the Roanoke Valley Greenway Commission recommended to city council by the Roanoke Valley Greenway Commission. An ad hoc committee created pursuant to this subsection shall review the proposal for development within the excluded property and provide its recommendation to city council. Upon submission of its recommendation to city council, the ad hoc committee shall be dissolved. (ii) In the event that city council establishes an ad hoc committee as provided in section 24-110(c)(i) of this article, the board shall have no responsibility or authority to review, consider and make recommendations regarding the proposed development within the excluded property. (iv) In the event that city council does not establish an ad hoc committee as provided in section 24-110(c)(i) of this article for a proposed development within the excluded property, the board shall review, consider, and provide recommendations to city council with regard to such proposed development within the excluded property. (iv) An ad hoc committee established pursuant to section 24- w 110(c)(i) shall be advisory only and city council shall act upon such recommendation as it shall determine. 598 2. This ordinance shall be effective on and after July 1, 2014. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: —4-rttitt:wiln den - �'QI Stephanie M. Moo Re Mold �"� A. Bowers s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 7th day of April, 2014. No. 39903-040714. A RESOLUTION repealing Resolution No. 16631 adopted September 7, 1965, which established Mill Mountain Development Committee, now known as Mill Mountain Advisory Committee (the "Committee") and thereby dissolving the Committee effective June 30, 2014, and expressing the appreciation of the Council for the commitment, dedication, and efforts of the Committee and its members. WHEREAS, the Council adopted Resolution No. 16631 on September 7, 1965, to create a committee to be known as Mill Mountain Development Committee and the committee was charged with the duty "to advise, assist, and make recommendations to the Council in the development of the City's Mill Mountain Park," and the Council appointed members of the Committee; WHEREAS, the Council adopted Resolution No. 23074 on July 6, 1976 to continue certain ad hoc committees, including the Mill Mountain Development Committee and abolish all other ad hoc committees created by the Council which were not specifically continued by Resolution No. 23074; WHEREAS, the Council, by motion on March 17, 1997, approved (a) the Vision Statement and Mission Statement presented to the Council by the Committee, and (b) the change in the name of the Committee to Mill Mountain Advisory Committee; WHEREAS, a substantial portion of Mill Mountain Park is now subject to a Conservation Easement; 599 WHEREAS, pursuant to Section 2.280 of the Code of the City of Roanoke, the Council has the authority to establish ad hoc committees from time to time; WHEREAS, the individuals who have served on the Committee have provided a valuable service to the Council and the citizens of the City of Roanoke; and WHEREAS, the Council has adopted an ordinance that creates the Mill Mountain Advisory Board to provide the Council with respect to Mill Mountain Park and the Conservation Easement. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council hereby repeals Resolution No. 16631, adopted September 7, 1965, which created the Committee and hereby dissolves the Committee effective June 30, 2014. 2. Council recognizes the contributions made by the Committee and its members to Council and the citizens of the City of Roanoke and expresses the appreciation and gratitude for their service, commitment and dedication to Mill Mountain Park. 3. The City Clerk is directed to forward an attested copy of this Resolution to the members of the Committee. APPROVED ATTEST: dG(g-f)41.4Ads'AsIN- Stephanie M. Moon Reynolds, C David A. Bowers City Clerk Mayor 600 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of April, 2014. No. 39904-042114. A RESOLUTION in the Council of the City of Roanoke, recognizing and congratulating the Rotary Club of Roanoke in the celebration of its 100th Anniversary. WHEREAS, the Rotary Club of Roanoke became one of the first service clubs in the Roanoke Valley at its organizational meeting on April 14, 1914; WHEREAS, the Rotary Club of Roanoke has the honor and distinction of being 123`d club to become a member of Rotary International, an international organization that currently has more than 34,000 member clubs throughout the world; WHEREAS, the Rotary Club of Roanoke has demonstrated full commitment of its members to service before self in members' projects and sponsorships including Renew Roanoke, the Smith Mountain 4-H Center, the Avoidable Blindness Project, the Bradley Free Clinic, The Salvation Army, the Rescue Mission, the Military Families Organization, Read Across America, and Blue Ridge Literacy; 0.-111 WHEREAS, Rotarians from the Rotary Club of Roanoke have served with distinction and commitment on numerous community organizations, including chapters of the American Red Cross, Girl Scouts of America, March of Dimes, United Way, YMCA, the Bradley Free Clinic, and Junior Achievement; WHEREAS, the Rotary Club of Roanoke, in collaboration with the dedicated efforts of Dr. Conrad Stone, assisted Kisumu, Kenya, a sister city of Roanoke, to start a school and clinic by seeking and securing a $164,000.00 grant from Rotary Foundation and coordinating this fundraising with the efforts of Dr. Stone in making numerous trips to Kenya to deliver essential medical equipment and services; WHEREAS, the Rotary Club of Roanoke celebrates one of its most significant achievements in establishing the prestigious Paul Harris Fellowship through the Rotary Foundation to spread the program and commitment of Rotary worldwide; WHEREAS, the Rotary Club of Roanoke is the proud parent of eleven other clubs in the greater Roanoke Valley region, including clubs for Bristol, Christiansburg- Blacksburg, Lynchburg, Martinsville, Pulaski, Radford, Rocky Mount, Salem, North Roanoke, Downtown Roanoke, and Roanoke Valley; and . .a 601 WHEREAS, the Rotary Club of Roanoke will have its centennial anniversary celebration on Friday, April 25, 2014, at The Hotel Roanoke and Conference Center. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Rotary Club of Roanoke is recognized and congratulated in the celebration of its 100th Anniversary as a truly community organization that places service to its community at the pinnacle of its mission. APPROVED ATTEST: Stephanie M. Moorl•Re ndl s! P Y Davie A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of April, 2014. No. 39905-042114. AN ORDINANCE amending Section 32-216, Definitions, and Section 32- 217, Levied; rate, of Article IX, Admissions Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to clarify that the 9% rate of the admissions tax only applies to tickets sold for events held at the Roanoke Civic Center, establishing an effective date, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 32-216, Definitions, of Article IX, Admissions Tax, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32-216. Definitions. The following words and phrases, when used in this article, shall have the following respective meanings, except where the context clearly indicates a different meaning: * * * 602 Place of amusement or entertainment: Any place in the city, including the Roanoke Civic Center - •e e • - -e.- - at ' Aaher Field, wherein or whereat any of the following are located, conducted, performed, exhibited or operated and for which an admission charge is made: A circus, a carnival, a menagerie, a moving picture show, a fair, a show or an exhibition of any kind; a dance, a baseball, basketball or football game; a wrestling match or a boxing match or a sport of any kind; a swimming contest or exhibition; a swimming pool; a concert; a theatrical, vaudeville, dramatic, operatic or musical performance or a performance similar thereto; a lecture, talk, literary reading or performance similar thereto; an attraction such as a merry-go-round, ferris wheel, roller coaster, leap-the-dips or the like; an automobile race, a midget auto race, or a horse race, a horse show; an ice skating or roller skating rink or arena; or any other public amusement, performance or exhibition. The foregoing enumeration of specific amusements and entertainments shall not be deemed to exclude other amusements and entertainments otherwise within the meaning of those words. Roanoke Civic Center: For purposes of this Article, the Roanoke Civic Center is defined as that complex of venues located at 710 Williamson Road, N. E., Roanoke, VA 24016, bearing Official Tax Map No. 3024004, which complex of venues includes, but is not limited to, the Coliseum, the Special Events Center, the Performing Arts Theatre, and exhibits halls, as such venues and complex may be modified or expanded. 2. Section 32-217, Levied; rate, of Article IX, Admissions Tax, of Chapter 32, • — Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32-217. Levied; rate. A tax on the amount paid for the admission to any place of amusement or entertainment is hereby levied upon and shall be collected from every person who pays an admission charge to such place. The rate of this tax shall be (i) nine (9) percent of the stated admission charge for each person admitted or for each ticket sold at any of the venues at the Roanoke Civic Centerelty's civic centers, - - - •e - -ea. "a. --, and (ii) five and one-half (5.5) percent of the stated admission charge for each person admitted or for each ticket sold at all other places of amusement or entertainment. If any person is admitted free to any place of amusement or entertainment at any time when an admission charge is made to other persons, no tax shall be levied upon such person so admitted. 3. This ordinance shall be in full force and effect immediately upon its passage. - ,r 603 4. Pursuant to §12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: /Ste�p_haanie M. Mobn Re n. ds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of April, 2014. No. 39906-042114. A RESOLUTION authorizing the City Manager to execute a Program Agreement between the City and Coca-Cola Bottling Company Consolidated Operations, LLC, for participation in the Recycle and Win! Program, and to execute such other documents and to take such further actions as may be necessary to implement and support such program. THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute an Agreement with Coca-Cola Bottling Company Consolidated Operations, LLC, for participation in the Recycle and Win! Program, such Agreement being substantially similar to the Agreement attached to the City Council Agenda Report dated April 21, 2014, and upon such terms and conditions as are more particularly described in such City Council Agenda Report. 2. The City Manager is hereby further authorized to execute such other documents and take further actions as may be necessary to implement and support such program, such documents to be approved as to legal form by the City Attorney. APPROVED ATTEST: thy--StO /la) Stephanie M. Moon Rynolds, WIC David A. Bowers City Clerk Mayor 604 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2014. No. 39907-042114. AN ORDINANCE allowing an encroachment requested by 135 Salem Avenue, LLC, to place an approximately 7' 8" long and 3' 4" wide new stairway and an approximately 1' 8" wide and 6' 10" long gas meter guard/enclosure in the City's public right-of-way located at Norfolk Avenue S. W., Roanoke, Virginia, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Authorization is hereby granted to 135 Salem Avenue, LLC, to allow the encroachment of an approximately 7' 8" long and 3' 4" wide new stairway and an approximately 1' 8" wide and 6' 10" long gas meter guard/enclosure to be placed in the City's public right-of-way located on Norfolk Avenue, S. W., adjacent to property designated as Official Tax Map No. 1010404, for the purpose of facilitating the renovation of the structure located on the property to accommodate additional residential dwelling units, as more particularly set forth and described in the City Council Agenda Report dated April 21, 2014. r'1 2. It is agreed by 135 Salem Avenue, LLC, that in maintaining such encroachment, 135 Salem Avenue, LLC, 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. 135 Salem Avenue, LLC, 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 135 Salem Avenue, LLC. 135 Salem Avenue, LLC, agrees that it shall repair, restore, and replace any damage to the encroachment, and any damage to the public right-of-way, caused by the placement and removal of the encroachment, at 135 Salem Avenue, LLC's sole cost and expense. 3. 135 Salem Avenue, LLC, 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. i 605 4. The City Clerk shall transmit an attested copy of this ordinance to 135 Salem Avenue, LLC, 25 Kirk Avenue, Roanoke, VA 24011 . ` 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by 135 Salem Avenue, LLC, has been admitted to record, at the cost of 135 Salem Avenue, LLC, 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 135 Salem Avenue, LLC, and recorded in the Circuit Court Clerk's Office for the City of Roanoke within ninety (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: a juk.....) 0.1 ' �,.. IAM (25F4A44406..„ Stephanie M. Moon f�eynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2014. No. 39908-042114. AN ORDINANCE authorizing the donation of certain City-owned firefighting equipment to Virginia Museum of Transportation, Inc., upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. WHEREAS, a 1995 Simon Duplex Ladder Truck ("Ladder Truck") was retired from service on June 15, 2012; WHEREAS, attempts to dispose of the Ladder Truck in accordance with law have been made, but without success; WHEREAS, the Virginia Museum of Transportation, Inc. ("Museum"), has requested that the City donate the Ladder Truck to the Museum and has agreed to place the Ladder Truck on display in a covered space and be used as part of an "' upcoming educational program related to firefighting; and 4 606 WHEREAS, the City Administration has recommended that the Ladder Truck be donated to the Museum. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby agrees to donate the 1995 Simon Duplex Ladder Truck to Virginia Museum of Transportation, Inc., as set forth in the City Council Agenda Report dated April 21, 2014. 2. The City Manager is authorized to execute all documents necessary to effect the donation under such terms as the City Manager deems appropriate, such documents to be in legal form as approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: . QQ Stephanie M. Moon Re)'nold� David A. Bowers City Clerk Mayor . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of April, 2014. No. 39909-042114. A RESOLUTION authorizing the waiver of the City of Roanoke's ("City") sovereign immunity in connection with a service agreement between the City and Comcast Cable Communications Management, LLC, dba Comcast Business, and its operating affiliates ("Comcast"), for the provision of internet services to the Roanoke Valley Regional Fire/EMS Training Center located at 1220 Kessler Mill Road, Salem, Virginia, for use by the City Fire/EMS Department staff exclusively; and authorizing execution of the service agreement between the City and Comcast in connection with the provision of such services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 607 1. This Council hereby waives its sovereign immunity with regard to the service agreement for the provision of internet services to the Roanoke Valley Regional Fire/EMS Training Center located at 1220 Kessler Mill Road, Salem, Virginia, for use by City Fire/EMS Department staff exclusively, as set forth in the Report of the City Attorney dated April 21, 2014. 2. The City Manager is hereby authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, a service agreement with Comcast for the provision of such internet services to the City at the Roanoke Valley Regional Fire/EMS Training Center, a copy of which is attached to the aforementioned Report of the City Attorney dated April 21, 2014. APPROVED ATTEST: .ink Stephanie M. Moon Reynolds, M David . ower � City Clerk Mayor • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of April, 2014. No. 39910-042114. AN ORDINANCE to appropriate funding from the Virginia Department of Education State Operated Programs grant for educational services, 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 Juvenile Detention 302-110-0000-1070-316J-61100- $ 477,257.00 Education 41138-9-09 Retiree Health Credit 302-110-0000-1070-316J-61100- 5,262.00 Social Security/FICA 302-110-0000-1070-316J-61100- 36,266.00 Virginia Retirement 302-110-0000-1070-316J-61100- 69,498.00 Health/Dental Insurance 302-110-0000-1070-316J-61100- 94,470.00 608 State Group Life 302-110-0000-1070-316J-61100- 5,641.00 --.. Professional 302-110-0000-1070-316J-61100- 1,000.00 Mileage 302-110-0000-1070-316J-61100- 18,100.00 Indirect Costs 302-110-0000-1070-316J-61100- 33,113.00 Related Services 302-110-0000-1070-316J-61100- 1,000.00 Instructional Supplies 302-110-0000-1070-316J-61100- 6,925.00 Textbooks/Workbooks 302-110-0000-1070-316J-61100- 1,000.00 Internet Services 302-110-0000-1070-316J-61100- 13,900.00 Technology 302-110-0000-1070-316J-61100- 16,400.00 Education Coordinators 302-110-0000-1400-316J-61100- 188,193.00 Retiree Health Credit 302-110-0000-1400-316J-61100- 2,089.00 Social Security/FICA 302-110-0000-1400-316J-61100- 14,397.00 Virginia Retirement 302-110-0000-1400-316J-61100- 27,589.00 Health/Dental Insurance 302-110-0000-1400-316J-61100- 19,737.00 State Group Life 302-110-0000-1400-316J-61100- 2,239.00 Tech/Hardware 302-110-0000-1070-316J-68100- 10,000.00 Replacements 48110-9-09 Revenues State Grant Receipts 302-000-0000-0000-316J-00000- 1,044,076.00 Pursuant 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 RLgynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2014. No. 39911-042114. AN ORDINANCE amending and reordaining Article X, Public Dance Halls, of Chapter 21, Offenses — Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended, by amending Article X, Public Dance Halls, Chapter 21, Offenses-Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), as amended; providing for an effective date; and dispensing with the second reading by title paragraph of this ordinance. 609 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Article X, Public Dance Halls, of Chapter 21, Offenses - Miscellaneous, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Chapter 21. Offenses-Miscellaneous Article X. Public Dance Halls. Sec. 2-221. Definitions. As used in this article: Public Dance Hall means any place open to the general public where dancing is permitted. However, any restaurant licensed under Sections 4-98.1 and 4-98.2 of the Code of Virginia to serve food and beverages, having a dance floor with an area not exceeding ten (10) percent of the total public floor area of the establishment, shall not be considered a public dance hall. - Public Floor Area means that square footage of an establishment that is open to the general public. This does not include kitchen space, restrooms, office space or meeting rooms. Chief of Police means the chief of police for the Police Department of the City of Roanoke. Owners means all persons or individuals having at least a ten percent financial interest in a Public Dance Hall, including, but not limited to, all partners, shareholders or interest holders. Law-enforcement Officer means any full or part-time employee of a police department or sheriffs office which is a part of or administered by the Commonwealth or any political subdivision thereof, and who is responsible for the prevention and detection of crime and the enforcement of the penal, traffic or highway laws of the Commonwealth as further defined by Section 9.1-101 of the Code of Virginia. Armed-Security Officer means a natural person employed to (i) safeguard and protect persons and property, or (ii) deter theft, loss, or concealment of any tangible or intangible personal property on the premises he is contracted to protect, and who is legally able to carryies or haves-access to a firearm in the performance of his or her duties and permitted by Sections 9. 1-138 and 9.1-1398 of the Code of Virginia. 610 Sec. 21-222. Permit Required to Operate a Dance Hall. (a) No person shall operate a Public Dance Hall in the City, without having first obtained a permit issued pursuant to this article. No permit shall be granted by the Chief of Police for the operation of a Ppublic Ddance Hhall in the City, until the applicant has complied with the requirements of this section. (b) Any person desiring to obtain a permit for the operation of a Public Dance Hall shall make written application therefor to the Chief of Police. Such application shall contain the following information: (1) The address and tax map number of the proposed Public Dance Hall; (2) The names and addresses of all Owners of the proposed Public Dance Hall; (3) A detailed drawing or sketch clearly showing the layout of the Public Dance Hall and indicating the amount of off-street parking available for patrons; (4) A detailed security plan to assist the police department with crime prevention and crowd control; (5) An endorsement obtained from the Fire Marshall or his/her designee certifying that the proposed Public Dance Hall complies with the Statewide Fire Prevention Code; (6) An endorsement obtained from the City's Zoning Administrator or his/her designee certifying that the proposed Public Dance Hall complies with the Virginia Uniform Statewide Building Code and the City's zoning ordinance. (c) All permits issued pursuant to this article shall be valid for one (1) year upon date of issuance. A Public Dance Hall permit can be renewed by the Police Chief or his/her designee. The renewal application shall be submitted to the Police Chief at least thirty (30) days prior to the expiration of the existing Public Dance Hall permit. The renewal Public Dance Hall permit application shall contain the same information required in the original permit, however such information must be updated as of the date of the renewal application. (d) No fee is required to be made by the person making an application for a Public Dance Hall permit under this article. 611 (e) Upon the filing of an application for a Public Dance Hall permit or renewal of an existing permit, the Police Chief or his/her designee may receive statements as evidence relevant to the permit or renewal application. A Public Dance Hall permit application may be refused if there is reasonable cause to believe that an applicant or Owner of a proposed Public Dance Hall has failed to comply with or is in violation of any of the conditions set forth in Virginia Code Section 4. 1-222 for the granting of a license from the Virginia Alcoholic Beverage Control Board; or for a violation of any provision of this Article.; (i) has been convicted of a felony under the laws (f) A permit to operate a Public Dance Hall is not transferable. (g) The Police Chief or his/her designee may suspend or revoke a permit granted under this article upon a finding by the Police Chief that the holder of a Public Dance Hall permit has failed to comply with or is in violation of any of the conditions set forth in Virginia Code Section 4.1-222 for the granting of a license from the Virginia Alcoholic Beverage Control Board; or for a violation of any provision of this Article.: moral turpitude in any court. (3) which have not been disclosed. 612 Sec. 21-223. Appeal of decisions of the Police Chief. Any applicant or holder of a permit issued pursuant to this article may appeal denial of their application; any suspension or revocation of their Public Dance Hall permit; or surrender of their restaurant license as allowed under Section 13-15 of the Code of the City of Roanoke to the City Manager under the following procedures: (1) An applicant or holder of a permit must file their appeal with the Police Chief within thirty (30) days of the denial, suspension or revocation of a Public Dance Hall permit. (2) The City Manager will conduct a hearing of the appeal within thirty (30) days of the applicant or holder's filing of an appeal. (3) The City Manager shall render a written decision on the appeal within ten (10) business days following the hearing after consulting with the City Attorney. The Public Dance Hall permit or restaurant license may be: (i) Reinstated without conditions. (ii) Reinstated with conditions and/or restrictions. (iii) Temporarily suspended for a period to be set by the City Manager. (iv) Permanently revoked. (4) The decision of the City Manager and/or his/her designee shall be the final decision regarding the denial, suspension or revocation of a Public Dance Hall permit or restaurant license. Sec. 21-224. Security Requirements. Whenever the number of patrons in a Public Dance Hall is below fifty (50), then the Public Dance Hall is not required to have any security employees or contractors inside or outside of such Public Dance Hall. However, when the number of patrons in a Public Dance Hall is at fifty (50) or more, then the Public Dance Hall shall have the following number of security employees or contractors both inside and outside of such Public Dance Hall as set forth below: Outside Security Requirements No. of Patrons No. of Law-Enforcement Officers 50-300 One (1) Law-Enforcement Officer Over 300 Two (2) Law-Enforcement Officers 613 • Inside Security Requirements No. of Patrons No. of Security Officers 50-150 One (1) Security Officer 151-300 Two (2) Security Officers Over 300 Three (3) Security Officers A Public Dance Hall shall maintain the Outside Security Requirements beginning at 11:00 p.m. of each Friday and Saturday night and ending at 3:00 a.m. the following day. A Public Dance Hall shall maintain the Inside Security Requirements beginning at 11:00 p.m. of each Friday and Saturday night and ending at thirty (30) minutes after the closing of the Public Dance Hall. The applicant or permit holder for the Public Dance Hall shall be responsible for ensuring the compliance of the Public Dance Hall with this section. (100), then the Public Dance Hall shall have three security employees or security employee or contractor for eve e. _ co -'s- • - -_ _ _ •_ Sec. 21-225. Right of Entry of Law Enforcement. Members of the city police department, city sheriff's office, and city fire marshal may enter any public dance hall operated pursuant to a permit issued under the provisions of this article at all hours, to insure that the peace and quiet of the city are preserved and that the conditions and restrictions of this article are observed. Sec. 21-226. Operator not to Permit Intoxicated or Disorderly Persons on Premises. It shall be a violation of this article for any holder of a Public Dance Hall permit to allow any person under the influence of alcoholic beverages or any disorderly person to enter or remain in a Public Dance Hall. 6 614 Sec. 21-227. Minors prohibited if alcoholic beverages are sold; exception. —� (a) It shall be unlawful for any minor to enter, be or remain in any Public Dance Hall in the city or any other place in the city open to the public where dancing is permitted and ongoing; and where alcoholic beverages are being consumed or are being sold or dispensed for consumption therein or thereat, except on business, and when on business, such minor shall be required to depart therefrom as soon as his business is transacted. (b) It shall be unlawful for the owner, operator or person in charge of any Public Dance Hall in the city or of any other place in the city open to the public where dancing is permitted and ongoing; and where alcoholic beverages are being consumed or are being sold or dispensed for consumption therein or thereat, to allow or permit any minor to enter, be or remain in any such Public Dance Hall or place, except on business, and when on business, such minor shall be required to depart therefrom as soon as his business has been transacted. (c) The presence of any minor in any such Public Dance Hall or such other place for the purpose of dancing or watching dancing shall not be considered as being therein on business. (d) The term "alcoholic beverages," when used in this section, shall have the meaning prescribed by the state Alcoholic Beverage Control Act (Section 4-1 et seq., Code of Virginia). (e) The owner, operator or person in charge of any such Public Dance Hall or such other place open to the public where dancing is permitted, and while dancing is ongoing, shall have and keep posted conspicuously at the entrance or entrances of such Public Dance Hall or such other place a sign or signs in bold letters, not less than two (2) inches in height, reading "NO MINORS ALLOWED." Sec. 21-228. Manager to be Present During Operation and Restrictions on Hours of Operation. (a) Each permit holder, except an individual who is a permit holder and on the premises, shall have a designated manager present at all times the Public Dance Hall is in operation. All designated managers must be at least 21 years of age. The name of the designated manager of every Public Dance Hall shall be kept posted in a conspicuous place in the Public Dance Hall in letters not less than one inch in size, during such time as the manager is in charge. (b) No Public Dance Hall shall remain open after 3:00 a.m. 615 Sec. 21-229. Exemptions for charitable dances. Dances held for benevolent or charitable purposes and dances conducted under the auspices of religious, educational, civic or military organizations are exempt from the requirements of this article. In order to qualify for this exemption, dances held for benevolent or charitable purposes must donate fifty percent (50%) of the gross proceeds to a qualified charitable or tax exempt organization under Section 501(c) of Federal Internal Revenue Code. Sec. 21-230. Violations of Article. (a) Any person violating any section of this article or failing to comply with any portion of this article shall be guilty of a class 3 misdemeanor. Each day of violation of any provision of this article occurs shall constitute a separate offense. (b) Any business location where individuals have been convicted of three or more violations of this Article within a twelve (12) month period shall surrender its restaurant license pursuant to Section 13-15 of the Code of the City of Roanoke. (c) In additional thereto and not in lieu thereof, any continuing violation of any section of the article may be enjoined by the Circuit Court upon application of the attorney for the City of Roanoke. The City of Roanoke through the office of the city attorney in addition to the injunction may seek civil relief to recover the costs of providing services to businesses that are in violation of this article. 2. This Ordinance shall become effective immediately upon its passage. 3. Pursuant to §12 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Re olds, MC David A. Bowers City Clerk Mayor 616 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2014. No. 39912-042114. AN ORDINANCE exempting from real estate property taxation certain property located at 2930 Baker Avenue, N. W., Roanoke, Virginia, owned by Unified Human Services Transportation Systems, Inc., 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, Unified Human Services Transportation Systems, 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 and other interested persons had an opportunity to be heard with respect to the Applicant's petition was held by Council on April 21, 2014; 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 buildings and improvements located thereon, identified as Official Tax Map No. 2510306, commonly known as 2930 Baker Avenue, N. W., Roanoke, Virginia (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 Unified Human Services Transportation Systems, 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 as Official Tax Map No. 2510306, commonly known as 2930 Baker Avenue, N. W., Roanoke, Virginia, and owned by the Applicant, 617 which Property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy. 3. This Ordinance shall be in full force and effect on July 1, 2014, 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 Curtis A. Andrews, Executive Director, and the authorized agent of Unified Human Services Transportation Systems, Inc. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 1 , (��-`7 Stephanie M. Moon Reyletds, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2014. No. 39913-042114. AN ORDINANCE permanently vacating, discontinuing and closing a portion of 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. s - 618 WHEREAS, Stacy Roberts 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 City Council; WHEREAS, a public hearing was held on such application by City Council on April 21, 2014, 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, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: A forty (40) foot long portion of the alley behind property located at 816 Munford Avenue, S. E., bearing Official Tax Map No. 4141001, and extending off 9th Street, S. E., be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede 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. 619 BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. • BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 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: T�TESTT: Stephanie M. Moon Reynolds, MM' David A. Bowers City Clerk Mayor 620 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2014. No. 39914-042114. AN ORDINANCE permanently vacating, discontinuing and closing a triangular remnant of 5th Street, S. W., adjacent to 502 Janette Avenue, S. W., in the City of Roanoke, as more particularly described hereinafter; and dispensing with the second reading by title of this ordinance. WHEREAS, John Frantz 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 City Council; WHEREAS, a public hearing was held on such application by City Council on April 21, 2014, 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, that the public right-of-way situate in the City of Roanoke, Virginia, and more particularly described as follows: An approximately 2,921 square foot portion of the right-of-way of 5th Street, S. W., south of Janette Avenue, S. W., and adjacent to 502 Janette Avenue, S. W., bearing Official Tax Map No. 1140513, 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, 621 natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 622 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: bi Stephanie M. Moon Re polds, C Davi A. Bowers Mayor Clerk ayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of April, 2014. No. 39915-042114. 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 by title of this ordinance. ` 1 WHEREAS, Barry C. Bellamy has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 440 Elm Avenue, S. W., 444 Elm Avenue, S. W., and 808 5th Street, S. W., bearing Official Tax Map Nos. 1020602, 1020601, and 1020628, respectively, rezoned from Residential Mixed Density (RM-1) to Commercial-Neighborhood (CN); 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 April 21, 2014, after due and timely notice thereof as required by §36.2-540, Code of the City of Roanoke (1979), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the proposed rezoning; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the 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. 623 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. 1020602, 1020601, and 1020628, located at 440 Elm Avenue, S. W., 444 Elm Avenue, S. W., and 808 5th Street, S. W., respectively, be and are hereby rezoned from Residential Mixed Density (RM-1) to Commercial-Neighborhood (CN), as set forth in the Zoning Amendment Amended Application No. 1 dated March 28, 2014. 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 chM,we,�� Stephanie M. Moon R�ds, MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215t day of April, 2014. No. 39916-042114. 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. 36925-122004, adopted December 20, 2004, to the extent that it placed conditions on portions of properties bearing Official Tax Map Nos. 1150106 and 1272504, and by amending the Planned Unit Development Plan as it pertains to the aforementioned property; and dispensing with the second reading by title of this ordinance. WHEREAS, Ivy View, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 36925-122004, adopted December 20, 2004, to the extent that it placed certain conditions on portions of properties located at 2309 and 2331 Franklin Road, S. W., bearing Official Tax Map Nos. 1150106 and 1272504, respectively, to rezone such property from Institutional Planned Unit Development (INPUD), with conditions, to Institutional Planned 624 Unit Development (INPUD), without conditions, and to amend the Planned Unit Development Plan, as it pertains to portions of the properties, to permit use of the properties for a medical clinic, laboratory, health fitness center, office, and/or hospital • instead of a grocery store as previously permitted by the Institutional Planned Unit Development (INPUD), Ordinance No. 36925-122004, adopted on December 20, 2004; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on April 21, 2014, 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 proposal; and WHEREAS, City Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the actions sought and described in this Ordinance and the Zoning Amendment Amended Application No. 1 dated March 26, 2014, 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. 36925-122004, adopted on December 20, 2004, to the extent it placed certain conditions on portions of properties located at 2309 and 2331 Franklin Road, S. W., bearing Official Tax Map Nos. 1150106 and 1272504, respectively, is hereby REPEALED, as set forth in the Zoning Amendment Amended Application No. 1 dated March 26, 2014, 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. Except to the extent repealed herein, Ordinance No. 36925-12204 remains in effect. 2. That the portions of properties located at 2309 and 2331 Franklin Road, S. W., bearing Official Tax Map Nos. 1150106 and 1272504, respectively, be rezoned from Institutional Planned Unit Development (INPUD), with conditions, to Institutional Planned Unit Development (INPUD), without conditions, as set forth in the Zoning Amendment Amended Application No. 1 dated March 26, 2014, 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. • 625 3. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as it pertains to portions of properties located at 2309 and 2331 Franklin Road, S. W., bearing Official Tax Map Nos. 1150106 and 1272504, as set forth in the Zoning Amended Amendment Application No. 1 dated March 26, 2014. 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: � MI Stephanie M. Moon Rey Ne David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of April, 2014. No. 39917-042114. 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 3419 Orange Avenue, N. E., bearing Official Tax Map No. 7100712, subject to a certain condition proffered by the applicant; and dispensing with the second reading by title of this ordinance. WHEREAS, MVG Development, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 3419 Orange Avenue, N. E., bearing Official Tax Map No. 7100712, rezoned from CG-Commercial General District, with conditions, to CLS, Commercial-Large Site District, with a condition that the site will be developed in substantial conformity with a proffered development plan; 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; • 626 WHEREAS, a public hearing was held by City Council on such application at its meeting on April 21, 2014, 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. 7100712 located at 3419 Orange Avenue, N. E., be, and is hereby, rezoned from CG-Commercial General District, with conditions, to CLS, Commercial-Large Site District, subject to a certain condition proffered by the applicant as set forth in the Zoning Amendment Amended Application No. 1 dated March 14, 2014. a 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 Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of April, 2014. No. 39918-042114. AN ORDINANCE amending and reordaining Section 36.2-333, Floodplain Overlay District (F), of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, for the purpose of updating and clarifying the City's zoning ordinance; and dispensing with the second reading by title of this ordinance. 627 BE IT ORDAINED by the Council of the City of Roanoke as follows: • 1. Section 36.2-333, Floodplain Overlay District (F), of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 36.2-333. Floodplain Overlay District (F). This ordinance is adopted pursuant to the authority granted to localities by VA Code §1a2-2280. fa} Purpose.- The purpose of the Floodplain Overlay District (F) is to provide mandatory floodplain restrictions for FEMA compliance., along with additional standards to restrict impervious surfaces in the floodplain. ,. The intent of the regulations in this section is to prevent the loss of property and life, the creation of health and safety hazards, the disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of public funds for flood protection and relief, and the impairment of the tax base by: (1) Regulating uses, activities, and development which, alone or in combination with other existing or future uses, activities, and development, if unregulated, will cause unacceptable increases in flood heights, velocities, and frequencies; (2) Restricting or prohibiting certain uses, activities, and development from locating within areas subject to flooding; (3) Requiring all those uses, activities, and developments that do occur in floodprone areas to be protected or floodproofed against flooding and flood damage; and (4) Protecting individuals from buying land and structures which are unsuited for intended purposes because of flood hazards. (b) Establishment of floodplain areas.- For the purpose of the regulations prescribed in this section, there are hereby created various floodplain areas subject to inundation by waters of the 100-year flood. The basis for the delineation of the floodway, the flood-fringe, and the approximated floodplain, shall be the flood insurance study for the City of Roanoke prepared by the Federal Emergency Management Agency, Federal Insurance Administration, dated September 28, 2007. A copy of the flood insurance study, City drainage standards, and the accompanying maps flood insurance rate map shall be filed in the offices of the City Clerk and the City Engineer and are hereby declared to be a part of these regulations. The floodplain areas shall consist of the following: 628 (1) The floodway is delineated, for purposes of these regulations, using the criterion that certain areas within the floodplain must be capable of carrying the waters of the 100-year flood without increasing the water surface elevation of that flood more than one (1) foot at any point. These floodways are specifically defined in Table 4 of the flood insurance study and as generally shown on the accompanying flood insurance rate map. * * (c) Applicability. * * * (2) The boundaries of the floodplain areas previously described in subsection (b), above, shall be established as shown on the flood insurance rate map.- and flood study. (3) The delineation of any of the floodplain areas described in subsection (b), above, may be revised by the City Council where natural or manmade changes have occurred or where more detailed studies have been conducted or undertaken by the U.S. Army Corps of Engineers or other qualified agency, or an individual documents to the satisfaction of the Zoning Administrator and City Engineer the need for such change. However, prior to any such change, approval shall be obtained from the Federal Insurance Insurance Emergency Management Administration-, Region 3. (4) Interpretations of the boundaries of the floodplain areas described in subsection (b), above, shall be made by the Zoning Administrator, in consultation with the City's Flood Plain Manager. * * * (6) - - in-this-section.- - - - --- - - - . - - - - - - - (d) Compliance. No land shall hereafter be developed and no structure shall be located, re located, constructed, reconstructed, enlarged, or altered except in full compliance with the terms and provisions of this ordinance and any other applicable ordinances and regulations which apply to uses within the jurisdiction of this ordinance. (d)(e) Abrogation and greater restrictions. • (5) These regulations supersede any regulations in effect in floodplain areas. However, any underlying regulations or restrictions shall remain in full 629 force and effect to the extent that their provisions are more restrictive than the regulations as set forth in this section. * * * (e)(f) Severability.- If any section, subsection, paragraph, sentence, clause, or phrase of this section shall be declared invalid for any reason whatever, such decision shall not affect the remaining portions of this section or chapter. The remaining portions shall remain in full force and effect, and for this purpose, the provisions of this section and chapter are hereby declared to be severable. (f) (g) Submitting Technical Data. A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six (6) months after the date such information becomes available, a community shall notify the Federal Emergency Management Agency of the changes by submitting technical or scientific data. Such a submission is necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and flood plain management requirements will be based upon current data. (4) (h) Definitions.- Certain terms and words used in this section shall be defined as set forth below. Where any conflict exists between the definitions below and those set forth in Appendix A, the definitions of this subsection shall govern for the purposes of the regulations of this section. * * * Letter of map revision (LOMR):- A letter from FEMA officially revising the current National Flood Insurance Program (NFIP) map to show changes to floodplains, floodways, or flood elevations. Lowest floor:- The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access, or storage in an area other than a basement area, is not considered a building's lowest floor,—, provided that such enclosure is not built so as to render the structure in violation of the applicable nonolevation non- elevation design requirements of this section. . . 630 Manufactured home: A structure, transportable in one or more section, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle." For floodplain management purposes, the term manufactured home also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days, but does not include a recreational vehicle. Recreational Vehicle:A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection; designed to be self- propelled or permanently towable by a light duty truck and designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use. Repetitive loss:- Flood-related damage sustained by a structure on two (2) separate occasions during a ten-year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds twenty-five (25) percent of the market value of the structure before the damage occurred. * * * (g)(i) Floodplain development regulations. (1) Permit requirement:- All uses, activities, and development occurring within • any floodplain areas shall be undertaken only upon the issuance of a zoning permit by the Zoning Administrator. Such development shall be undertaken only in strict compliance with these regulations and with all other applicable codes and ordinances. Prior to the issuance of any such permit, the Zoning Administrator shall require all applications to include documentation certifying compliance with all applicable state and federal laws and shall review all sites to ensure they are reasonably safe from flooding. Under no circumstances shall any use, activity, or development adversely affect the capacity of the channels or floodway of any watercourse, drainage ditch, or any other drainage facility or system. Permit review shall ensure reasonable construction safety from flooding, proper anchoring, use of flood resistant materials, and construction practices that minimize flood damage. Review shall ensure certification that the engineer has met the requirements of the most recent applicable FEMA technical bulletins in effect at the time of application for such permit. * * * T 1 (3) Zoning permits:- All applications for zoning permits for structures in the floodplain as defined for purposes of this section shall include a standard FEMA elevation certificate completed by a licensed surveyor or engineer. 631 . . Such certificate shall be based on the most recent flood insurance rate map and flood study in effect at the time of application for such permit. For all such permits, the Zoning Administrator shall obtain and maintain a record of the following information: (D) For nonresidential structures to be floodproofed, the elevation (in relation to mean sea level) to which the structure will be floodproofed;, and any FEMA Floodproofing Certificate, when applicable; (F) Prior to the issuance of a Certificate of Occupancy, anthe applicant shall provide a final elevation certificate of the as-built construction. (4) Manufactured or mobile homes:- All manufactured homes or mobile homes to be placed or substantially improved within the flood-fringe shall be placed on a permanent foundation and anchored in accordance with the Virginia Uniform Statewide Building Code. In the floodway, the placement of manufactured homes or mobile homes is prohibited. (5) Floodway:- In the floodway, no encroachments, including fill, new construction, substantial improvements, rehabilitation of substantially damaged structures, and other development, shall be permitted unlecc except as listed in subsections (j), (k) and (m), below. Encroachments associated with the expansion of an existing use or establishment of a new permitted use shall allow an encroachment only if the applicant's professional engineer demonstrates through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in the 100-year flood elevation, or a conditional letter of map revision is approved. The requirements of subsection (gi)(4) and (6) shall apply to encroachments permitted by this section. (7) Approximated floodplain: Within the approximated floodplain, all proposed developments shall include within such proposals base flood elevation data. The applicant's professional engineer shall also delineate a floodway area based on the requirement that all existing and future development not increase the 100-year flood elevation more than one (1) foot at any one (1) point. The engineering principle identified as equal reduction of conveyance shall be used to make the determination of increased flood heights. Within the floodway area delineated by the applicant's professional engineer, the provisions of subsection (gi)(5), above, and subsections (hj) and (ik), below, shall apply. 632 (8) The enclosed space below the lowest floor shall be used solely for parking of vehicles, building access or storage. Such space shall not be partitioned into multiple rooms, temperature-controlled, or used for human habitation. (9) In the floodway, the placement or storage of recreational vehicles is prohibited, unless approved by special exception as provided for in subsection (k), below. (h)(j) Permitted uses in floodway.- The following uses shall be permitted as of right in the floodway to the extent that they are otherwise permitted in the underlying base zoning district and are not prohibited by any other ordinance, and provided they do not employ structures, fill, or storage of materials and equipment within the floodway which may cause any increase in 100-year flood height and velocity: (1) Agricultural operations, such as general farming, pasture, grazing, outdoor plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting; (2) Public and private recreational uses such as parks, picnic grounds, golf courses, boat launching or swimming areas, hiking or horseback riding trails, wildlife and nature preserves, fishing areas, and trap and skeet game ranges; (3) Botanical gardens; and (4) Accessory residential uses such as yard areas, gardens, and play areas. (i)k) Special exception uses in floodway.- The following uses shall be permitted in the floodway by special exception granted by the Board of Zoning Appeals provided such uses are permitted in the underlying base zoning district: (1) Structures accessory to the uses set forth in subsections (hj)(1) through (hj)(3), above. * * * (5) Storage of materials and equipment provided that they are not buoyant, flammable, toxic, hazardous , or explosive, and are not subject to major damage by flooding, or provided that such material and equipment is firmly anchored to prevent flotation or movement, or can be readily removed from the area within the time available after flood warning. 633 0-) (6) Placement or storage of a recreational vehicle, provided such recreational vehicle is on the site for fewer than 180 consecutive days, is fully licensed and ready for highway use. For purposes of this section, a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and if it has no permanently attached additions. (I) Design criteria for public utilities and facilities. (1) All new or replacement sanitary sewer facilities and private sewage treatment plants (including all pumping stations and collector systems) shall be designed to minimize infiltration of flood waters into the systems and discharges from the systems into the flood waters. In addition, they must be located and constructed to minimize flood damage and impairment. * * * (k)m) Existing structures in the floodplain.-A structure or use of a structure or premises which lawfully existed before the enactment of these provisions, but which is not r ' in conformity with these provisions, may be continued subject to the following conditions: M - * * * (2) For the purpose of this section, aAny modifications, alterations, repairs, reconstructions, or improvements of any kind, or any combination thereof, to a structure or use located in a floodplain, taking place duringthat does not constitute a __ _ - , - _ - -- e • - • - •- -e • • - . - - - -substantial improvement shall be elevated or floodproofed in accordance with Chapter 36.2, Zoning, the Virginia Uniform Statewide Building Code, te—the gr atost extent po".,ibk: and the most recent FEMA regulations in effect at the time of application. This subsection (m)(2) applies only to such modification, alteration, repair, reconstruction, improvement or combination thereof. (a-) e •- - - se - e • - - -Any modification, alteration, repair, reconstruction, improvement of any kind, or any combination thereof, to a structure or use located in a floodplain,taking place-during that constitutes a • - • - - - - - • •t = • - • - - - - - - :substantial improvement shall be undertaken only in full compliance with the provisions of this chapter andChapter 36.2, Zoning, the Virginia Uniform Statewide Building Code, 634 and the most recent FEMA regulations in effect at the time of application. This subsection (m)(3) applies to the entire structure which has been modified, altered, repaired, reconstructed or improved. (I-) (4) Any modification, alteration, repair, reconstruction, or improvement, or any combination thereof, of any kind to a historic structure located in a floodplain that is seeking an exemption from the definition of substantial improvement as defined in subsection (h) of this section shall be flood proofed to the extent practical in accordance with the Virginia Uniform Statewide Building Code and FEMA Floodplain Management Bulletin Historic Structures, FEMA P-467-2. (n) Variances. (1) When an application for a variance from the regulations of this section has been made, the procedure for processing the variance request shall be as set forth in Section 36.2-561 (2) In considering an application for a variance from the terms of this section, the Board of Zoning Appeals shall satisfy all standards and findings set forth in Section 36.2-561(c) and (d) and shall consider the following additional factors: (A) The danger to life and property due to increased flood heights or velocities caused by encroachment. No variance shall be granted for any proposed use, development, or activity within any floodway that will cause any increase in the 100-year flood elevation without approval of a conditional letter of map revision (CLOMR); (B) The danger that materials may be swept onto other lands or downstream to the injury of others; (C) The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; (D) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owners; (E) The importance of the services provided by the proposed facility to the community; (F) The requirements of the facility for a waterfront location; (G) The availability of alternative locations not subject to flooding for the proposed use; 636 (5) A list of names, addresses, and official tax numbers of adjoining property owners and owners of property within three hundred (300) feet of the subject property; and (6) A conditional letter of map revision (CLOMR) prior to the issuance of any such variance or special exception in the floodway. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 29466,-A4.)- 6:31.r.;) Stephanie M. Moon Reyn�MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of April, 2014. No. 39919-042114. A RESOLUTION electing and appointing Amelia Merchant as Acting Director of Finance for the City of Roanoke, and ratifying the terms and conditions of employment as offered to Ms. Merchant. WHEREAS, the City Council desires to elect and appoint Amelia Merchant as Acting Director of Finance pursuant to Section 8 of the Roanoke Charter of 1952; and WHEREAS, Ms. Merchant has agreed to accept election and appointment as Acting Director of Finance until such time as City Council appoints and elects a permanent Director of Finance. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Amelia Merchant is hereby elected and appointed as Acting Director of Finance of the City of Roanoke effective May 16, 2014, at 12:01a.m., and she shall serve as Acting Director of Finance until such time as City Council appoints and elects a permanent Director of Finance. 635 (H) The compatibility of the proposed use with existing development and development anticipated in the foreseeable future; (I) The relationship of the proposed use to the City's Comprehensive Plan and floodplain management program for the City; (J) The safety of access by ordinary and emergency vehicles to the property in time of flood; (K) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters expected at the site; (L) The repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure; and (M) Such other factors which are relevant to the purposes of Section 36.2-333 * * * ,r.,, (m)(o) Application requirements for variances and special exception uses in floodways.- All applications for a variance or a special exception use in any floodway, as defined herein, shall include the following: (1) Plans in triplicate, drawn to scale not less than one (1) inch to one hundred (100) feet horizontally, showing the location, dimensions, and contours (at two-foot intervals) of the lot, existing and proposed structures, fill, storage areas, water supply, sanitary facilities, and relationship of the floodway to the proposal; (2) A typical valley cross-section as necessary to adequately show the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, floodway limits, and 100-year flood elevation; (3) A profile showing the slope of the bottom of the channel or flow line of the stream; (4) A summary report, prepared by professional engineers or others of 41P-4, demonstrated qualifications, evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, and other pertinent technical matters; 637 2. The terms and conditions of Ms. Merchant's election and appointment as Acting Director of Finance shall be as hereinafter set forth and shall commence as of May 16, 2014: (a) The annual salary shall be $120,000.00, payable biweekly at the same time as other employees of the City; (b) The City shall pay on behalf of Ms. Merchant the sum of $2,000.00 each quarter, prorated based upon the actual time in which Ms. Merchant serves as Acting Director of Finance, to the International City Management Association-Retirement Corporation (ICMA-RC) for Ms. Merchant's participation in the ICMA-RC Deferred Compensation Plan, and the City shall execute any necessary agreements to provide for such payment; (c) Recognizing that the job requirements of the Director of Finance routinely require incurring travel related expenses in the course of City business, Ms. Merchant shall receive a bi-weekly salary increment of $96.15 for the use of a privately-owned or leased automobile in the conduct of official City business while Ms. Merchant serves as Acting Director of Finance; and (d) With respect to benefits and terms and conditions of employment not enumerated in this resolution, Ms. Merchant shall be accorded such benefits and shall be subject to such terms and conditions on the same basis as other similarly situated Council Appointed employees of the City. 3. Ms. Merchant will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable, but no later than May 15, 2014. APPROVED WATTEST: AelleA 14) AL))111 aCSAAatiV%Ima%%•- Stephanie M. Moon old MC David A. Bowers City Clerk Mayor 638 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2014. No. 39920-050514. A RESOLUTION memorializing Rodney Hubbard, Director of the District 23A Court Service Unit for the Virginia Department of Juvenile Justice for the City of Roanoke following his passing; WHEREAS, the members of Council learned with sorrow of the passing of Mr. Hubbard on Wednesday, January 29, 2014; WHEREAS, Mr. Hubbard was a native of Natural Bridge, Virginia, the son of the late Robert E. Hubbard and Nadine C. Hubbard; WHEREAS, Mr. Hubbard was a graduate of Natural Bridge High School and Washington & Lee University; WHEREAS, in 1974, Mr. Hubbard began his career as an Institutional Rehabilitation Counselor with the Virginia Department of Welfare and Institutions (now - • the Department of Juvenile Justice) holding a number of positions in Lexington, Covington, and Botetourt before coming to Roanoke; WHEREAS, Mr. Hubbard was an active member of the Virginia Juvenile Justice Association (VJJA) and was a former member of the VJJA Board of Directors; WHEREAS, in 1988, Mr. Hubbard received VJJA's Meritorious Award in the Area of Court Services, and in 2003, the Meritorious Award in the Area of Administration; WHEREAS, in 2006, Mr. Hubbard introduced the opening speaker at VJJA's 30th Fall Institute, the first event he attended following a successful open heart transplant; WHEREAS, Mr. Hubbard was an ex-officio member the Board of Youth Support Services for the past 15 years; WHEREAS, Mr. Hubbard was a leading advocate for the Youth Support Services program, and believed and supported this diversion program to restore juvenile offenders to law-abiding and productive members of society; 639 WHEREAS, through Mr. Hubbard's support of Youth Support Services, several hundred young people have been diverted from the court system for shop lifting and other offences; WHEREAS, Mr. Hubbard's belief, caring spirit, and support for the services provided by Youth Support Services made a positive difference in the lives of many young people who received the trust and one-on-one counseling offered by Youth Support Services; WHEREAS, throughout his career, Mr. Hubbard served on many civic and community boards, including the advisory board for BB&T Bank, the initial Board of the Rockbridge Area Recreation Organization, the Project Horizon Board, the Chavis House Board for Washington and Lee University, and the School Board for Rockbridge County Public Schools; WHEREAS, Mr. Hubbard was a life-long member of the First Baptist Church of Natural Bridge where he served in numerous capacities and participated in the music ministry for more than 50 years; WHEREAS, Mr. Hubbard was married to his wife, Debbie, for 36 years, a marriage that produced five sons, Scott, Korey, Rob, Aaron, and Ryan, along with five granddaughters and four grandsons; WHEREAS, Mr. Hubbard was a devoted husband, a loving son, a wonderful father and grandfather, and a caring brother and uncle; WHEREAS, Mr. Hubbard had a special gift of molding and shaping young minds and hearts and growing health and productive citizens; and WHEREAS, Mr. Hubbard will be remembered for his soft spoken, direct, no nonsense approach to life and his wise counsel both at home and in the community. 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 Rodney Hubbard, and extends to his family its sincerest condolences. 640 ' 1 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Hubbard's widow, Debbie Hubbard of Roanoke, Virginia. APPROVED EST:: _7Q�;A;T,T� ,^ (^� / •,stia"""' (1'1. Vil,•� 4) Stephanie M. Moon R nolds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2014. No. 39921-050514. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2014 - 2015 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 2014 - 2015 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 $206,975.00, 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. 641 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual operating budget of $398,028.00, 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 5, 2014, to this Council, is hereby approved. 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 $210,335.00 (which consi is of $206,975.00 as the City's portion of the requested budget amount, plus the $3,36 00 for closed captioning) will be provided by the City of Roanoke as its prorata share r the annual operational budget for RVTV for the Fiscal Year 2014 - 2015 as requested in the above RVTV letter dated May 5, 2014, to this Council. APPROVED ATTEST: 4 0(23o-..., Stephanie M. Moon Re olds, MC David A. Bowers City Clerk Mayor g. IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2014. No. 39922-050514. AN ORDINANCE adopting and authorizing procedures for the selection, evaluation, and award of Design-Build and Construction Management contracts as provided for by Virginia Code Section 2.2-4308; authorizing the City Manager to take such further actions and execute any needed documents in order to implement, administer, modify, and enforce such procedures; establishing an effective date for this Ordinance; and dispensing with the second reading by title of this Ordinance. RECITALS WHEREAS, pursuant to Code of Virginia (1950), as amended ("Va. Code") § 2.2- 4308, a public body may use design-build or construction management as solicitation methods consistent with the procedures established by the Virginia Department of General Services and the Virginia Secretary of Administration for construction projects on a fixed price or not-to-exceed price; and 642 WHEREAS, the City of Roanoke, Virginia ("City of Roanoke" or "City") desires to establish and authorize the necessary procedures for the use of Design-Build and/or + Construction Management contracts when beneficial to the City of Roanoke. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby finds that it is in the best interest of the City to adopt this Ordinance and hereby adopts the Design-Build procedures and Construction Management procedures set forth in this Ordinance, effective as set forth below. A. RECITALS INCORPORATED BY REFERENCE. 1. The City of Roanoke hereby incorporates the above Recitals into this Ordinance. B. DESIGN-BUILD SOLICITATION AND AWARD PROCEDURES. 1. A design-build contract procurement method shall be a two-step competitive negotiation process. The following procedures shall govern the selection, evaluation, and award of design-build contracts: -°� a. Criteria for use: Design-build contracts are intended to minimize the project risk for the owner and reduce the delivery schedule by overlapping the design phase and the construction phase of a project. b. Approval for use: Prior to taking any action to pursue a design-build project, the City's requesting department or division shall receive the written approval of the City Manager to use the design-build procurement solicitation method. The request shall be in writing and shall justify and substantiate that the design-build method is more advantageous than a competitive sealed bid construction contract with a general contractor and shall indicate how the City will benefit from using the design-build method. The request shall also include a written justification that sealed bidding is not practicable and/or fiscally advantageous. These justifications for the use of the design-build method shall be stated in the Request for Qualifications (RFQ). Approval of or exceptions to this procedure may be granted by the City Manager, who is the approving authority for requests to use the design-build method. 643 • c. Basis of award: The award of a design-build contract shall be in accordance with Va. Code §2.2-4301(3)(b), as it now exists or as it may be amended, and shall be based on the following: 1) an acceptable proposal deemed to be in the best interest of the City of Roanoke and 2) a determination that the Offeror's technical proposal and, if requested, the financial proposal are determined to be the "best value" for the City of Roanoke in response to the Request for Proposal (RFP) for the project. d. Evaluation Committee: The City shall establish an Evaluation Committee ("Committee") to be responsible for evaluating the qualifications of Offerors responding to the design-build solicitation and reviewing proposals submitted for such services. This Committee shall consist of a minimum of three (3) and a maximum of five (5) voting members. The members of the Committee should have expertise relevant to the project, with backgrounds in such areas as project design, construction, finance, contract review, and/or project management. The Committee shall include a Virginia licensed engineer or architect. The membership of the Committee shall be determined by the City's Director of Public Works or the Director's designee. e. Selection of Qualified Offerors (Step I) — Request for Qualifications (RFQ). (1) The City's Purchasing Department shall publish notice of the City's RFQ at least ten (10) days prior to the date set for receipt of qualifications by advertising in a local newspaper of general circulation in the City of Roanoke, posting on the City's website, posting in the Noel C. Taylor Municipal Building at a location designated by the City's Purchasing Manager, and in such other manner as designated by the City's Purchasing Manager, so as to provide reasonable notice to the maximum number of Offerors that can be reasonably anticipated to submit qualifications in response to the particular RFQ. Additionally, qualifications may be solicited directly from potential Offerors. If practicable, the notice shall also be published in appropriate national trade publications. 644 (2) The RFQ shall provide a description of the project, the services required by the City, any unique capabilities to be required of the Offeror, and the criteria to be used in evaluating the potential Offeror's qualifications. The RFQ should request from potential Offerors only such information as is appropriate for an objective evaluation of all Offerors pursuant to such criteria. The RFQ shall establish procedures whereby comments concerning provisions in the RFQ can be received and considered prior to the time set for receipt of qualifications. All Offerors shall have a licensed Class "A" contractor and an Architect or Engineer registered in the Commonwealth of Virginia as part of the Offeror's team. (3) The Committee shall evaluate each responding Offeror's qualifications submittal and any other relevant information and shall determine which Offerors are fully qualified and suitable for the project. (4) The RFQ evaluation shall result in a short list of two (2) to five (5) Offerors to receive an RFP. An Offeror may be denied prequalification only as specified in Virginia Code § 2.2-4317(C). However, the short list shall also be based on the RFQ criteria and a determination by the Committee of which qualified Offerors should be on the short list based on such Offerors' responses to the RFQ. (5) At least thirty (30) days prior to the date established for the submission of proposals to the RFP, the City's Purchasing Manager shall advise each Offeror in writing as to whether that Offeror has been prequalified. In the event that an Offeror is denied prequalification, the written notice shall state the reasons for the denial of prequalification and the factual basis for such reasons. Prequalified Offerors that are not selected for the short list shall likewise be provided the reasons for such decision. f. Selection of the Design-Build Contractor (Step II). (1) The City's Purchasing Manager or designee shall prepare a Request for Proposal ("RFP") that includes, but is not limited to, the following: a) the instructions for submitting a proposal, the criteria for evaluation, and the terms and conditions of the design-build contract; b) a narrative description of the project • requirements; c) general conditions and technical specifications; and d) facility and site plans as appropriate for the project. The RFP may also define such other requirements as the City 645 determines appropriate for a particular project. The RFP shall include procedures whereby comments concerning specifications or other provisions contained in the RFP can be received and considered prior to the time set for receipt of proposals. (2) The City's Purchasing Manager or designee shall send an RFP to the qualified design-build Offerors on the short list for the project and request formal proposals from each of them. Offerors will have at least ten (10) days to submit a proposal. Separately sealed technical and financial proposals may be required to be submitted to the City's Purchasing Manager. If such separate proposals are required, the Purchasing Manager will provide the technical proposals to the Committee and hold the financial proposals until the technical review has been completed. (3) Based on criteria established in the RFP, the Committee shall evaluate each of the technical proposals. As a part of the evaluation process, the Committee may grant each of the Offerors an equal opportunity for direct and private communication with the Committee. Each Offeror shall be allotted the same fixed amount of time. In its communications with Offerors, the Committee shall exercise care to discuss the same owner information with all Offerors. In addition, the Committee shall not disclose any trade secrets or proprietary information for which the Offeror has invoked protection in accordance with Va. Code §2.2-4342. (4) The Committee will inform each Offeror of any adjustments necessary to make such Offeror's technical proposal fully compliant with the requirements of the RFP. In addition, the City may require that any and/or all Offerors make design adjustments necessary to incorporate project improvements and/or additional detail information identified by the Committee. (5) Based on the adjustments made to the technical proposals, an Offeror may amend its financial proposal. In addition, an Offeror may submit cost modifications to its original sealed financial proposal, which are not based on revisions to the technical proposal. (6) The Committee shall evaluate and rank (if technical rankings are to be considered as a criteria for an award) the technical proposals. Should the City Manager determine in writing and in his/her sole discretion that only one Offeror is fully qualified, or 646 that one Offeror is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that Offeror after approval of the City Manager. Otherwise, the Purchasing Manager shall open the financial proposals and apply the criteria for an award as specified in the RFP and make a recommendation to the Committee and make such financial proposals available to the Committee for its evaluation. The Committee, in its discretion, either as a whole or by a designated member or members, may then negotiate with the Offeror or Offerors the Committee selects in order to arrive at terms for a design-build contract the Committee determines the Committee can recommend to the City Manager. (7) The Committee shall make its recommendation for the selection of a design builder to the City Manager based on its evaluations of the technical and financial proposals. The contract shall be awarded to the Offeror who is fully qualified and has been determined to have provided the best value in response to the RFP and whose proposal is deemed to be in the best interest of the City. (8) The City's Purchasing Manager or designee will notify all --• Offerors who submitted proposals which Offeror was selected for the project. The Notice of Intent to Award may be used to • make this notification. When the terms and conditions of multiple awards are so provided in the RFP, awards may be made to more than one Offeror. (9) Upon request and in accordance with Va. Code § 2.2-4342, documentation of the process used for the final selection shall be made available to the unsuccessful Offerors. C. CONSTRUCTION MANAGEMENT SOLICITATION AND AWARD PROCEDURES. 1. A Construction Management (CM) procurement method shall be a two- step competitive negotiation process. The following procedures shall govern the selection, evaluation, and award of CM contracts: a. Criteria for use of Construction Management (CM): CM contracts may be approved for use on projects where: 1) fast tracking of construction is needed to meet City program requirements, or 2) value engineering and/or constructability analyses concurrent with design are required. ` "" 647 b. Approval for use: Prior to taking any action to pursue a CM project, the City's requesting department or division shall receive the written approval of the City Manager to use a CM contract procurement solicitation method. The request shall be in writing and shall justify and substantiate that a CM contract meets the criteria found in paragraph 1(a) above. The request must also include the stipulation that the CM contract will be initiated no later than the Schematic Phase of design. The request shall also include a written justification that sealed bidding is not practicable and/or fiscally advantageous. These justifications for the use of a CM contract shall also be stated in the Request for Qualifications (RFQ). Approval of or exceptions to this procedure may be granted by the City Manager, who is the approving authority for requests to use CM procedures. c. Limitation of use: The use of CM solicitation method shall be limited to projects with a total construction value for all phases in excess of Five Hundred Thousand Dollars ($500,000). The City's Purchasing Manager shall document the reasons for the City's justification for choosing the CM approach to meet the needs of the City over procuring the project utilizing a sealed bid approach prior to the issuance of an RFQ. d. Basis of award: The basis of the award of a CM contract shall be in accordance with competitive negotiation for other than professional services as set forth in Va. Code §2.2-4301(3)(b) as it now exists or as it may be amended and the criteria for the award shall be submitted to the City's Purchasing Manager, in advance, for approval. It is noted that cost is a critical component of the selection process. However, such award shall also be in accordance with the provisions of Va. Code §2.2-4308 as it now exists or as it may be amended. e. Evaluation Committee: The City shall establish an Evaluation Committee ("Committee") to be responsible for evaluating the qualifications of potential Offerors of CM and reviewing proposals submitted for such services. This Committee shall consist of a minimum of three (3) and a maximum of five (5) voting members. The members of the Committee should have expertise relevant to the project, with backgrounds in such areas as project design, construction, finance, contract review, and/or project management. The Committee shall include a Virginia licensed engineer or architect. The membership of the Committee shall be determined by the City's Director of Public Works or designee. 648 f. Selection of Qualified Offerors (Step I — Request for Qualifications ■ (RFQ): The City's Purchasing Department shall conduct a prequalification process as follows to determine which Offerors are - .� qualified to receive a Request for Proposal (RFP). (1) The City's Purchasing Manager shall prepare an RFQ containing the City's facility requirements, building and site criteria, site and survey data (if available), the criteria to be used to evaluate RFQ Responses, and other relevant information, including any unique capabilities or qualifications that will be required of the contractor. All Offerors shall have a licensed Class "A" contractor registered in the Commonwealth of Virginia as part of the project team. (2) The City's Purchasing Department shall publish notice of the City's RFQ at least ten (10) days prior to the date set for receipt of qualifications by advertising in a local newspaper of general circulation in the City of Roanoke, posting on the City's website, posting in the Noel C. Taylor Municipal Building at a location designated by the City's Purchasing Manager, and in such other manner as designated by the City's Purchasing Manager, so as to provide reasonable notice to the maximum number of Offerors that can be reasonably anticipated to submit qualifications in response to the particular RFQ. Additionally, qualifications may be solicited directly from potential Offerors. If practicable, the notice shall also be published in appropriate national trade publications. (3) The Committee shall evaluate each responding Offeror's RFQ response and any other relevant information and shall determine those Offerors deemed qualified with respect to the criteria established in the RFQ for the project. (4) The RFQ evaluation process shall result in a short list of two (2) to five (5) Offerors to receive an RFP. An Offeror may be denied prequalification only as specified under the Code of Virginia §2.2-4317(C). However, the short list shall also be based on the RFQ criteria and a determination by the Committee of which qualified Offerors should be on the short list based on such Offeror's response to the RFQ. (5) At least thirty (30) days prior to the date established for the submission of proposals to the RFP, the City's Purchasing Manager shall advise each Offeror in writing as to whether . . 649 that Offeror has been prequalified. In the event that an Offeror is denied prequalification, the written notice shall state the reasons for the denial of prequalification and the factual basis for such reasons. Prequalified Offerors that are not selected for the short list shall likewise be provided the reasons for such decision. g. Selection of a Construction Manager (Step II) — Request for Proposal (RFP): (1) The City's Purchasing Manager or designee shall send an RFP to the qualified Offerors on the short list and request submission of formal proposals from them. The criteria for award shall be included in the RFP. (2) Proposals as described in the RFP shall be submitted to the Purchasing Manager. (3) The Committee will evaluate and rank the proposals. After evaluation and ranking of the proposals, the Committee shall: i. Conduct negotiations with two or more Offerors submitting the highest ranked proposals, (or) ii. Should the Committee determine that only one Offeror is fully qualified or that one Offeror is clearly more highly qualified than the others under consideration, the Committee shall recommend a contract may be negotiated and awarded to that Offeror. (4) The Committee shall make its recommendation on the selection of a construction manager to the City Manager based on the Committee's evaluation and negotiations. The contract shall be awarded to the Offeror who is fully qualified and has been determined to have provided the best value in response to the RFP and shall be made in accordance with the requirements of Va. Code §2.2-4308 as it now exists or as it may be amended. (5) The City's Purchasing Manager will notify all Offerors who submitted proposals which Offeror was selected for the project. The Notice of Intent to Award may be used to make this notification. When the terms and conditions of multiple awards are so provided for in the RFP, awards may be made to more than one Offeror. 650 (6) Upon request, documentation of the process used for the final selection shall be made available to the unsuccessful Offerors, subject to the provisions of Va. Code §2.2-4342. h. Required CM Contract Terms: Any Guaranteed Maximum Price construction management contract entered into by the City will contain provisions requiring that (1) not more than 10% of the construction work (measured by cost of the work) will be performed by the CM with its own forces and (2) that the remaining 90% (or more) of the construction work will be performed by subcontractors of the CM which the CM must procure by publicly advertised, competitive sealed bidding to the maximum extent practicable. Documentation shall be placed in the file detailing the reasons any work was not procured by publicly advertised, competitive sealed bidding. The City Manager may modify these contractual requirements in whole or in part for projects where it would be fiscally advantageous to the public to increase the amount of construction work performed by the CM. i. Guaranteed Maximum Price (GMP): The GMP shall be established at the completion of the working drawings unless a waiver has been granted by the City Manager. j. One-Step Solicitation: The City Manager may approve a one-step solicitation for a project, if adequate written justification is provided by the City's Director of Public Works. D. MISCELLANEOUS PROVISIONS. The following terms and provisions allow the City Manager to adopt, implement, and enforce the Procedures set forth in this Ordinance in order to administer such Procedures and to allow the City Manager to modify such Procedures, if needed, to conform to the requirements of Va. Code §2.2-4308, and/or any other provisions of the Virginia Public Procurement Act, as they now exist or may be amended in the future. 1. The above procedures in this Ordinance are intended to be consistent with and shall be read to be consistent with the terms and provisions of Va. Code §2.2-4308 as it now exists or as it may be amended and with the procedures adopted by the Virginia Secretary of Administration as referred to in such Code Section for the purposes of soliciting and utilizing design-build and/or construction management contracts. • 651 2. If any of the procedures set forth above are inconsistent with such Code Section or procedures adopted by the Virginia Secretary of Administration, as they may now exist or be amended from time to time, then the requirements of Va. Code §2.2-4308 and the procedures adopted by the Virginia Secretary of Administration shall control and the above City procedures shall be deemed to be modified to conform to any such amended provisions and requirements. 3. The City reserves the right and shall be entitled to cancel any RFQ and/or RFP solicitation, and/or reject any proposals or responses at any time, before a final contract is signed by the City for a particular project. Such right shall be in the sole discretion of the City Manager. 4. The City shall not be required to issue an RFQ and/or an RFP at the request of any potential Offeror. Such decision shall be in the sole discretion of the City Manager. 5. The City shall not be responsible for any expenses or costs of any type incurred by any Offeror or potential Offeror at any stage of any solicitation, RFQ, or RFP process. Any Offeror participating, or any potential Offeror anticipating to participate, in a solicitation contemplated by this Ordinance, by submitting any documents or taking any actions in response to any solicitation shall be deemed to have agreed that such Offeror or potential Offeror is solely responsible for any and all of its costs and expenses of any type connected in any way with any such solicitation, even if such solicitation is cancelled and/or the proposals are rejected and no award is made. 6. The City Manager is further authorized to take such actions and/or execute any additional documents that are needed to implement, administer, modify, and enforce the above City procedures, including the development of any guidelines necessary for such actions. 2. The effective date of this Ordinance shall be June 1, 2014. 652 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title to this Ordinance is hereby dispensed with. . .r APPROVED ATTEST: Moon Re Ids, Tti1 M. Moo Ste Stephanie MC David A. Bowers Ids, City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2014. No. 39923-050514. 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 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 DoJ Expendable Equipment 35-640-3304-2035 $ 52,903.00 Revenues DoJ Federal Asset Forfeiture 35-640-3304-3305 52,333.00 DoJ Federal Asset Forfeiture - Interest 35-640-3304-3306 570.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: itrktiLtiVirlItCetits 1,18 Stephanie M. Moon Re olds, MC David A. Bowers —+ City Clerk Mayor a 653 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2014. No. 39924-050514. AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, 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 35-640-3302-2035 $ 41,964.00 Revenues State Asset Forfeiture - Interest 35-640-3302-3299 373.00 State Asset Forfeiture 35-640-3302-3300 41,591.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Re old P s, ME/1C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2014. No. 39925-050514. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Garden City/Star Trail Connection Project ("Project"); authorizing City staff to acquire such property rights by negotiation for the City; authorizing the City Manager to execute appropriate acquisition documents; and dispensing with the second reading by title of this Ordinance. 654 BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City wants and needs a permanent easement, approximately 15 feet in length and 104 feet in width, across private property designated as Roanoke Official Tax Map No. 4250103, known as 1270 Riverland Road, S. E., Roanoke, Virginia, presently owned by Robert W. Kennedy and Tracy H. Kennedy, as set forth in the City Council Agenda Report dated May 5, 2014, for the Garden City/Star Trail Connection, designed to link the Roanoke River Greenway to the future Garnand Branch Trail, and Star City Trail, such connection to be located in the Southeast quadrant of the City in the general vicinity of Bennington Street and Riverland Road. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property referred to in the above mentioned Agenda Report and any other real property parcel or property interests 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's 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: Moon R Stephanie M. Mo noId , MMC� C David A. Bowers City Clerk Mayor . 655 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2014. No. 39926-050514. AN ORDINANCE allowing an encroachment requested by Linda Thompson, owner of 2916 Hollowell Avenue., S. W., located in the City of Roanoke, Virginia, to place an approximately 50 foot long, and 1 1/2 foot wide, retaining wall, approximately 5.50 feet into the City's public right-of-way located at 2916 Hollowell Avenue, S. W., Roanoke, Virginia, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Pursuant to Section 15.2-2009 of the Code of Virginia (1950) as amended, authorization is hereby granted to Linda Thompson owner of 2916 Hollowell Avenue, S. W., and her grantees, assignees, or successors in interest, to allow the encroachment of an approximately 50 foot long, and 1 1/2 foot wide, retaining wall, to be placed approximately 5.50 feet in the City's public right-of-way located on Hollowell Avenue., S. W., adjacent to property designated as Roanoke Official Tax Map No. 1650917, as more particularly set forth and described in the City Council Agenda Report dated May 5, 2014. 2. Such authorization shall be revocable at the pleasure of the Council of the City of Roanoke, and subject to all the limitations contained herein and in Section 15.2- 2009 of the Code of Virginia (1950) as amended, which are incorporated herein by reference. 3. It is agreed by Linda Thompson that, in maintaining such encroachment, Linda Thompson and her 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. Linda Thompson 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 Linda Thompson or her grantees, assignees, or successors in interest. Linda Thompson agrees that she shall repair, restore, and replace any damage to the encroachment, and any damage to the public right-of-way, caused by the placement and removal of the encroachment, at Linda Thompson or the then current owner's sole cost and expense. 656 - 1 4. Linda Thompson, her grantees, assigns or successors in interest, shall, for the duration of this permit, maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $300,000.00 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 5. The City Clerk shall transmit an attested copy of this ordinance to Linda Thompson at 1845 Carlton Road, S. W., Roanoke, Virginia 24015. 6. The obligations and requirements of this Ordinance shall run with the land and are binding on Linda Thompson and her grantees, assignees, or successors in interest 7. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by Linda Thompson has been admitted to record, at the cost of Linda Thompson, in the Clerk's Office of the Circuit Court for the City of Roanoke, and shall remain in effect only so long as a valid, current certificate evidencing the insurance required in Paragraph 4 above is on file in the Office of the City Clerk. In the event this Ordinance is not signed by Linda Thompson and recorded in the Circuit Court Clerk's Office for the City of Roanoke within ninety (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 8. 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 Rey olds, MC David A. Bowers City Clerk Mayor 657 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of May, 2014. No. 39927-050514. A RESOLUTION appointing Lori B. Vaught and William B. Hopkins, Jr., as School Board Trustees of the Roanoke City School Board for terms commencing July 1, 2014, and ending June 30, 2017. WHEREAS, pursuant to Section 9-24, Code of the City of Roanoke (1979), as amended, a public hearing was held on April 21, 2014, relating to the appointment of School Board Trustees; and WHEREAS, this Council is desirous of appointing Lori B. Vaught and William B. Hopkins, Jr., to fill the vacancies on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Lori B. Vaught and William B. Hopkins, Jr., are hereby appointed as School Board Trustees of the Roanoke City School Board for terms commencing July 1, 2014, and ending June 30, 2017. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk of Roanoke City School Board, and to Lori B. Vaught and William B. Hopkins, Jr. APPROVED ATTEST: Stephanie Moon yno s�C David A. Bowers City Clerk Mayor 658 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39928-051214. A RESOLUTION providing for an amendment to the fines for violations charged at the City owned and/or controlled parking facilities known as the Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson Lot (Off-Street Parking Garages and Lots); establishing an effective date; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The current parking fines for violations at Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson Lot shall be amended as follows: Violation Description Current Charge Proposed Charge .. Failure to pay honor box $10.00 $20.00 Handicapped parking $10.00 $125.00 Improper display of disabled placard $10.00 $25.00 a Late payment fee $7.50 7 days late An additional late $15.00 14 or more payment fee of days late $15.00 will be charged for each violation not paid in full within 15 days of violation 2. The above off-street parking fines for violations at the indicated parking facilities will be effective on and after July 1, 2014. 3. The following off-street parking fines for violations are currently in effect at the indicated parking facilities and will not change, however, the Fee Compendium needs to be updated to include these charges. n-Al It 659 Violation Description Current Charge Underpaid for time parked $10.00 Failure to display valid hangtag $10.00 Parking in reserved space $10.00 Double parking $10.00 Storage of vehicle $10.00 4. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new and existing off-street parking violation fines to be charged at Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, Warehouse Row Lot, and Williamson Lot (Off-Street Parking Garages and Lots). APPROVED ATTEST: Stephanie M. Moon R�ynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12`" day of May, 2014. No. 39929-051214. AN ORDINANCE establishing a monthly stormwater utility fee rate per billing unit as provided for by the Code of the City of Roanoke, Section 11.5-3; establishing a phase-in period and an effective date for each phase; authorizing the City Manager to take certain actions in connection with such stormwater utility fee rate; amending the City's Fee Compendium; and dispensing with the second reading by title of this Ordinance. WHEREAS, City Council has established a Stormwater Utility for the City pursuant to Ordinance No. 39808-111813; • WHEREAS, Chapter 11.5 of the City Code, Stormwater Utility, provides City Council may set the monthly utility fee rate with the adoption of the City budget; and 660 WHEREAS, City Council has determined that the stormwater utility fee rate should be phased in over a period of three years. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: A stormwater utility fee rate of $0.90 per billing unit per month shall be, and hereby is, established for the Stormwater Utility as created by Ordinance No. 39808- 111813, in compliance with such Ordinance and with Section 15.2-2114 of the Code of Virginia (1950), as amended, and is subject to the phase-in period set forth below. 1. The stormwater utility fee rate of $0.90 per billing unit per month shall be phased in over a period of three years as follows: Phase-In Periods for the Stormwater Utility Fee Rate: Effective Date Monthly Stormwater Utility Fee Rate July 1, 2014 $0.30 per Billing Unit July 1, 2015 $0.60 per Billing Unit July 1, 2016 $0.90 per Billing Unit 3. The Fee Compendium of the City, maintained by the Director of Finance . . and authorized and approved by the City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new stormwater utility fee rate. 4. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 5. The fee established by this Ordinance shall remain in effect until changed or amended by this Council. 6. The City Manager is authorized to take such other actions and to execute such further documents, approved as to form by the City Attorney, as may be necessary to establish, implement, and enforce the above stormwater utility fee rate and the phase in of such rate. 7. This Ordinance shall be in full force and effect on and after July 1, 2014. 661 8. Pursuant to Section12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: Set.42)01• Stephanie M. Moon eynold MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39930-051214. AN ORDINANCE adopting the annual General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics, Grant Funds, and State Asset Sharing Program Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2014, and ending June 30, 2015; 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, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics and Grant Funds, and State Asset Sharing Program in the fiscal year beginning July 1, 2014, and ending June 30, 2015, shall constitute General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics, and State Asset Sharing Program, 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: Revenues General Property Taxes $106,079,000.00 Other Local Taxes 73,803,000.00 1,136,000.00 Permits, Fees and Licenses Fines and Forfeitures 1,276,000.00 662 Revenue from Use of Money and Property 185,000.00 ^' Intergovernmental Revenue - State & Federal 66,638,000.00 "' Charges for Current Services 10,426,000.00 Miscellaneous 604,000.00 Total Revenues $260,147,000.00 Appropriations Treasurer $1,357,729.00 Clerk of Circuit Court 1,587,574.00 Juvenile and Domestic Relations Court Services 1,008,686.00 Juvenile and Domestic Relations Court Clerk 32,326.00 Magistrate 6,841.00 General District Court 28,872.00 Circuit Court 556,022.00 Commissioner of the Revenue 1,113,976.00 Sheriff $2,880,154.00 Jail 15,018,111.00 17,898,265.00 Commonwealth's Attorney $1,712,710.00 Cost Collections Unit 88,705.00 1,801,415.00 City Council $236,886.00 Mayor Bowers 12,347.00 Vice-Mayor Trinkle 2,335.00 Council Member Lea 3,690.00 Council Member Bestpitch 1,500.00 Council Member Price 5,875.00 Council Member Rosen 2,165.00 Council Member Ferris 1,375.00 266,173.00 City Attorney 1,097,953.00 City Clerk 475,975.00 Municipal Auditing 687,843.00 Department of Finance $2,540,351.00 Real Estate Valuation 1,149,651.00 Board of Equalization 11,533.00 3,701,535.00 Residual Fringe Benefits 3,427,733.00 Miscellaneous 50,000.00 663 Transfers to School Fund 74,541,200.00 Transfers to Greater Roanoke Transit Company 1,754,105.00 Transfers to Debt Service Fund 11,773,339.00 Transfer to Other Funds 5,994,510.00 Funding for Reserves 875,000.00 Electoral Board 370,473.00 Office of Communications 377,336.00 City Manager 860,765.00 Roanoke Arts Commission 269,220.00 Economic Development 1,557,766.00 Memberships and Affiliations 2,912,007.00 Personnel Lapse (2,078,633.00) Contingency 1,642,581.00 Department of Management and Budget 567,443.00 Human Resources $1,180,567.00 Employee Health Services 631,372.00 1,811,939.00 E911 Center $2,520,635.00 E911 Wireless 601,657.00 3,122,292.00 Director of General Services and Sustainability $ 241,992.00 Purchasing 501,425.00 743,417.00 Building Maintenance $4,301,302.00 Custodial Services 683,446.00 4,984,748.00 Fire Administration $ 661,655.00 Fire Support 963,920.00 Fire Operations 18,264,859.00 Emergency Management 106,901.00 19,997,335.00 Director of Public Works $ 166,026.00 Solid Waste Management 6,277,854.00 Transportation - Streets and Traffic 4,128,340.00 Transportation - Paving 3,157,679.00 Transportation - Snow Removal 110,826.00 Transportation - Street Lighting 1,133,989.00 Transportation - Engineering & Operations 1,928,432.00 Environmental Management 195,601.00 Engineering 1,357,331.00 18,456,078.00 664 Planning and Development $1,286,419.00 Building Inspections 913,256.00 Neighborhood Support 116,974.00 Neighborhood Services 1,293,692.00 3,610,341.00 Parks $3,020,666.00 Parks & Recreation Administration 1,317,759.00 Recreation 1,640,229.00 Community Recreation 6,701.00 Park Programming 3,000.00 Outdoor Education 81,572.00 Sponsorships and Development 38,500.00 Athletics 64,403.00 6,172,830.00 Social Services 25,252,061.00 Youth Haven $579,178.00 Outreach Detention 266,325.00 845,503.00 Health Department 1,475,000.00 Mental Health 448,890.00 • Human Services Committee 409,052.00 Comprehensive Services Act (CSA) 9,785,000.00 Police Administration $878,434.00 Police Investigation 4,161,090.00 Police Patrol 12,873,846.00 Police Services 2,932,492.00 Police Training 684 032.00 Police Animal Control 1,333,409.00 22,863,303.00 Libraries $3,460,511.00 Law Library 125,403.00 Virginia Cooperative Extension 67,267.00 3,653,181.00 Total Appropriations $260,147,000.00 Stormwater Utility Fund Revenues --• Operating $1,700,000.00 665 • Non-Operating $1,250,340.00 Total Revenues $2,950,340.00 Appropriations Operating $2,950,340.00 Total Appropriations $2,950,340.00 Civic Facilities Fund Revenues Non-Operating $2,141,109.00 Total Revenues $2,141,109.00 Appropriations Operating Expenses $634,056.00 Debt Service 1,507,053.00 Total Appropriations $2,141,109.00 Parking Fund Revenues Operating $3,217,998.00 Total Revenues $3,217,998.00 Appropriations Campbell Garage $137,143.00 Market Garage 259,045.00 Elmwood Park Garage 149,881.00 Center in the Square Garage 193,579.00 Church Avenue Garage 270,142.00 Tower Garage 240,010.00 Gainsboro Garage 176,414.00 Market Lot 15,499.00 Elmwood Lot 21,790.00 Warehouse Row Lot 20,119.00 Williamson Lot 19,627.00 666 Higher Ed Center Lot 36,647.00 Operating 377,137.00 Debt Service 1,300,965.00 Total Appropriations $3,217,998.00 Department of Technology Fund Revenues Operating $6,278,998.00 Total Revenues $6,278,998.00 Appropriations Technology - Operating $4,591,993.00 Technology - Capital Outlay 650,000.00 Radio Technology - Operating 594,206.00 Radio Technology - Capital Outlay 442,799.00 Total Appropriations $6,278,998.00 Fleet Management Fund Revenues Operating $5,761,453.00 Non-Operating 100,000.00 Total Revenues $5,861,453.00 Appropriations Operating Expenses $4,148,203.00 Capital Outlay 1,713,250.00 Total Appropriations $5,861,453.00 Risk Management Fund Revenues Operating $15,821,044.00 Total Revenues $15,821,044.00 ^� 667 Appropriations Risk Management Administration $1,132,683.00 Risk Management - Other Expenses 14,688,361.00 Total Appropriations $15,821,044.00 School General Fund Revenues $163,914,062.00 Appropriations $163,914,062.00 School Food Services Fund Revenues $7,137,836.00 Appropriations $7,137,836.00 School Athletics Fund Revenues $1,700,000.00 Appropriations $1,700,000.00 Grant Fund Revenues Total Revenues $259,846.00 Appropriations Regional Drug Prosecutor $48,445.00 Victim Witness 38,701.00 Virginia Juvenile Community Crime Control Act 127,380.00 Homeless Assistance Team 45,320.00 Total Appropriations $259,846.00 668 State Asset Sharing Program Revenues State Asset Forfeiture $45,000.00 Total Revenues $45,000.00 Appropriations Law Enforcement Expenditures $45,000.00 Total Appropriations $45,000.00 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 and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. 4. That funding for all outstanding encumbrances, at June 30, 2014, are re- appropriated to the 2014 - 15 fiscal year to the same department and account for which they are encumbered in the 2013 - 14 fiscal year. 5. That this ordinance shall be known and cited as the 2014-15 General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics, Grant Funds, and State Asset Sharing Program Appropriation Ordinance; and 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: AfrijaaL,M1. ems._ Stephanie M. Moon yWs) David A. Bowers City Clerk Mayor 669 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12`h day of May, 2014. No. 39931-051214. AN ORDINANCE to adopt and establish a Pay Plan for officers, employees and Constitutional Officers of the City effective July 1, 2014; providing for certain salary adjustments; 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: 1. Unless specifically amended by this Ordinance, the Pay Plan for officers, employees and Constitutional Officers of the City adopted by Ordinance No. 39650- 051313 on May 13, 2013, shall remain in effect. Further, the provisions of this Ordinance shall remain in effect until amended by Council. 2. Pursuant to §2-68, Code of the City of Roanoke (1979), as amended, effective July 1, 2014, 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. 3. 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 vehicleto 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 $ 1,250.00 670 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary increment established by this Ordinance shall be terminated as of the date of elimination of such requirement. The City Manager is authorized, within the limits of funds appropriated therefore, to provide for similar salary increments for other officers or employees. 4. In order to equitably 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. 5. 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. 6. Each employee of the Fire-Emergency Medical Services Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary increment of $1,200 payable on a bi-weekly basis. 7. Each employee of the Fire-Emergency Medical Services Department who has been certified and performs Fire Inspector duties as part of the Fire Prevention Program assigned by the Fire-EMS Chief shall be accorded an annual salary supplement of $1,500.00 payable on a bi-weekly basis. 8. 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. 9. The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $1,076.00 to $4,802.00 payable on a bi-weekly basis. . 671 10. The City Manager is authorized to continue a Community Policing Specialist program to provide pay incentives to police officers. Such program may include consideration for training and community participation. The annual pay supplement is two percent (2%) of base salary, payable on a bi-weekly basis. 11. The City Manager is authorized to continue a merit pay program for Firefighter/Emergency Medical Technicians who attain an EMT-I or Paramedic certificate. The annual pay supplement shall be in the amount of $4,000.00 payable on a bi-weekly basis. If a qualified employee is receiving an EMT stipend, pursuant to the provisions of Paragraph 5, above, then the employee shall, in addition to the EMT stipend, receive the difference between such stipend and the merit pay authorized hereby. 12. A pay stipend of $100.00 per month, or $1,200.00 annually, paid monthly, 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. 13. 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). 14. When any salary increase provided in this Ordinance would cause an officer or employee to exceed the maximum annual pay range applicable to such officer's or employee's position, such officer or employee shall receive a salary increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. 15. Regular full-time, permanent, City employees who donate to the 2015 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 672 Permanent part-time employees who donate to the 2015 United Way Campaign will p-' 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 2015 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 $260.00 per year All time earned through donations to the 2015 United Way Campaign must be used by June 22, 2015. 16. Each employee of the Sheriff's office who meets qualifications for Master Deputy Sheriff and has been appointed such by the Sheriff shall receive a five percent (5%) increase to base annual salary. This increase shall be capped at no more than five percent (5%) above the pay range maximum for a Deputy Sheriff. Any Master Deputy Sheriff who fails to meet required qualifications and is removed from appointment by the Sheriff shall have the base annual salary reduced by five percent (5%). . ,. 17. The City Manager is authorized to continue a pay a 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 voice/data. 18. 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, 2014 and June 30, 2015, is called to and serves on 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. 19. By Ordinance No. 39702-071513, adopted on July 15, 2013 in accordance with Virginia Code §15.2-1414.6, Council established the annual salaries of the Mayor, Vice-Mayor and Council members for the fiscal year beginning July 1, 2014. Council wishes to delay the implementation of this approved salary increase for one fiscal year. As a result of such one year delay, the annual salaries of the Mayor, Vice-Mayor and Council members for the fiscal year beginning July 1, 2014 and ending June 30, 2015, shall be as follows: 673 Mayor $20,000.00 Vice-Mayor $16,560.00 Council Members $15,560.00 For the fiscal year beginning July 1, 2015, and ending June 30, 2016, and for succeeding fiscal years unless modified by action of Council, the annual salaries of the Mayor, Vice-Mayor and Council members shall be as follows: Mayor $22,000.00 Vice-Mayor $18,216.00 Council Members $17,116.00 20. The provisions of this ordinance shall be in full force and effect on and after July 1, 2014. 21. Pursuant to Sectionl2 of the Roanoke City Charter, the second reading by title paragraph of this ordinance is hereby dispensed with. APPROVED ATTEST: 7a Stephanie M. Moon R ynold MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39932-051214. 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 by changing the date of distribution of funds from the last business day of each month to the 15th of each month or last business day prior to the 15th of each month if the 15th of the month is not a business day. 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, Council adopted the revised School Funding Policy dated May 13, 2013 by Resolution No. 39652-051313 (the "Revised School Funding Policy"); and 674 WHEREAS, the City Manager and the Director of Finance propose an amendment to the School Funding Policy to amend the date on which funds are distributed to the City's School Division ("Second Revised School Funding Policy"). 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, and revised pursuant to Resolution No. 39652-051313, is hereby amended by Council, in accordance with the terms of the Second Revised School Funding Policy, a copy of which was transmitted to Council on May 12, 2014. 2. The Second Revised School Funding Policy transmitted by the City Manager and the Director of Finance to Council on May 12, 2014 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: 44,Libi. P7046, Stephanie M. Moon Reynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39933-051214. AN ORDINANCE amending Section 32-43, Assessment of new buildings, and Section 32-46, Effective date of assessments, Division 2. Assessment of Real Estate Generally, Article II. Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: r+p 675 1. Section 32-43, Assessment of new buildings, Division 2. Assessment of Real Estate Generally, Article II. Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32-43. Assessment of new or improved buildings. (a) All new or improved buildings substantially completed or fit for use, occupancy and enjoyment prior to MayNovember 1st of the current fiscal year ef-completion shall be assessed when so completed or fit for use, occupancy and enjoyment, and the commissioner of the revenue shall enter in the books the fair market value of such building; provided, however, that no such partial assessment shall become effective until information as to the date and amount of such assessment is recorded in the office of the treasurer and made available for public inspection. (b) The total tax on any such new or improved building for the current fiscal year shall be the sum of: (1) The tax upon the assessment of the completed building, computed according to the ratio which the portion of the current fiscal year such building is substantially completed or fit for use, occupancy and enjoyment bears to the entire fiscal year, and (2) The tax upon the preceding assessment of such new or improved building - • - ' _ • . - __ e •- a;cerement year, computed according to the ratio which the portion of the current fiscal year such building was not substantially complete or fit for use, occupancy and enjoyment bears to the entire fiscal year. (c) Upon receipt of such supplemental assessment, the city treasurer shall make a •' - - - •- - - mail a notice of the supplemental tax assessment to the owner of record at the time when such supplemental assessment was made. 676 2. Section 32-46, Effective date of real estate assessments, Division 2. Assessment of Real Estate Generally, Article II. Real Estate Taxes Generally, of Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 32-46. Effective date of real estate assessments. Every annual assessment- of real estate made by the assessor shall be made as of January 1 of each fiscal year. The assessment of such real estate shall be effective for tax purposes on the first day of July of the next fiscal year following the completion of the January 1 assessment, and I- - - - ° ', " "= • e • - • • -s by general law. The real estate taxes for each fiscal year shall be billed in two installments with the first installment due on October 5, and the second installment due on April 5. The requirements of this section do not apply to supplemental assessments made by the assessor against new buildings or existing building that have been improved, pursuant to section 32-43 of this chapter. 3. This ordinance shall in full force and effect on and after July 1, 2014. 4. Pursuant to Sectionl2 of the Roanoke City Charter, the second reading by °- title of this ordinance is hereby dispensed with. . i APPROVED ATTEST: bliwygliketpc, g ea Stephanie M. Moon R ynolds, MMC David J . :owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39934-051214. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter of May 12, 2014. WHEREAS, by letter of May 12, 2014, the City Manager has presented an update to the City's Five-Year Capital Improvement Program for Fiscal Years 2015 - 2019 in the recommended amount totaling $136,047,395.00; . r 677 WHEREAS, the Capital Improvement Program and the funding recommendation for projects is affordable and consistent with previous discussions by City Council and actions taken by City Council; and WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager for a certain update to the Five-year Capital Improvement Program for the City of Roanoke for Fiscal Years 2015 - 2019, and the related funding recommendations, as set out in the letter of the City Manager dated May 12, 2014. APPROVED ATTEST: tattLar? Mkt Stephanie M. Moo Reynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39935-051214. AN ORDINANCE to appropriate funding for the FY 2015 - 2019 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 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 Miscellaneous 01-300-9410-2170 $ 333,797.00 Appropriated from One-Time Cash Funding 01-440-4330-9027 114,000.00 Appropriated from One-Time Cash Funding 01-530-4120-2010 203,049.00 Appropriated from One-Time Cash Funding 01-530-4210-2262 92,333.00 Transfer to Capital Projects 01-250-9310-9508 (743,179.00) 678 Capital Projects Fund -M. Appropriations Appropriated from General Revenue 08-300-9552-9003 500,000.00 -� Contingency 08-300-9575-9220 432,475.00 Appropriated from General Revenue 08-300-9610-9003 (250,000.00) 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 08-610-9929-9003 38,900.00 Appropriated from General Revenue 08-610-9647-9003 125,000.00 Appropriated from General Revenue 08-620-9753-9003 200,000.00 Appropriated from General Revenue 08-620-9757-9003 100,000.00 Revenues Transfer from General Fund 08-110-1234-1037 1,146,375.00 Fund Balance Economic and Community 200,000.00 Development Reserve - Unappropriated 08-3365 Department of Technology Fund Appropriations Appropriated from General Revenue 13-430-9866-9003 $ 100,000.00 Revenues Transfer from General Fund 13-110-1234-0951 100,000.00 Fleet Management Fund Appropriations Appropriated from One-Time Cash Funding 17-440-2642-9010 200,000.00 Revenues Transfer from General Fund 17-110-1234-0951 200,000.00 Grant Fund Appropriations Appropriated from General Revenue 35-300-9700-9003 100,000.00 Revenues Local Match Funding for Grants 35-300-9700-5207 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: An:AQM. nrri CittirgeP Stephanie M. Moon Reynolds, MMC Davi A. Bowers -� City Clerk Mayor . 679 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39936-051214. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08-310-9630-9003 $ 36,545.00 Appropriated from General Revenue 08-310-9736-9003 100,000.00 Appropriated from General Revenue 08-310-9738-9003 17,979.00 Fund Balance Economic and Community Development 08-3365 (154,524.00) 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: TjE�ST: lDIM Stephanie M. Moon RAynolds, C David A. Bowers _� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39937-051214. A RESOLUTION approving the 2014 - 2015 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 w 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. 680 WHEREAS, in order to receive Community Development Block Grant, HOME Investment Partnerships, and Emergency Solutions 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 14, 2013, and April 3, 2014, and at a City Council public hearing on May 5, 2014, by a 30-day public review and comment period beginning April 7, 2014, and ending May 6, 2014, by dissemination of information to the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's office and HUD Community Resources Division for public inspection, by letters to a mailing list of interested individuals and organizations, including the Roanoke Neighborhood Advocates, and by publishing information in local print media and on the City's website; and WHEREAS, the Annual Update must be approved by this Council and received by HUD on or about May 15, 2014, 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 1. The City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 2014 - 2015 Annual Update to HUD to the 2010 - 2015 Consolidated Plan for final review and approval, and to execute all necessary documents pertaining to such Annual Update, such documents to be approved as to form by the City Attorney. 2. The City Manager is authorized to execute such subgrant agreements and amendments as may be required pursuant to the Annual Update, 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, all as more particularly set forth in the City Manager's letter dated May 12, 2014, to this Council. APPROVED ATTEST: ZaAin Stephanie M. Moon R nolds, MMC David A. Bowers City Clerk Mayor - w 681 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 12th day of May, 2014. No. 39938-051214. A RESOLUTION paying tribute to Ann H. Shawver, Director of Finance for the City of Roanoke, and expressing to her the appreciation of this City and its people for her public service. WHEREAS, Ms. Shawver holds a Bachelor of Business Administration with a major in Accounting (1989) from James Madison University, and a Master of Business Administration (2009) from Virginia Polytechnic Institute and State University in Blacksburg, Virginia, and is a Certified Public Accountant, licensed in Virginia; WHEREAS, Ms. Shawver began her career with the City in April 1994 as a Financial Systems Accountant and was Manager of Accounting Services through April 2002; WHEREAS, Ms. Shawver served as Deputy Director of Finance from April 2002 until June 2008; WHEREAS, Ms. Shawver has served as Director of Finance since June 2008, overseeing the City Department of Finance, has served as the Secretary-Treasurer of the City of Roanoke Pension Plan, and has served as Treasurer for the Hotel Roanoke Conference Center Commission; WHEREAS, Ms. Shawver participated in the sale of numerous general obligation bond issues, ensuring that the City maintained a favorable credit rating that allowed the City to successfully finance capital projects at the lowest cost to the citizens of Roanoke; WHEREAS, Ms. Shawver served on the Advisory Board for Roanoke Valley Regional Center for Animal Control and Protection; WHEREAS, Ms. Shawver has been a member of several professional organizations, including the American Institute of Certified Public Accountants, the Virginia Society of Certified Public Accountants, the Government Finance Officers' Association, the Virginia Government Finance Officers' Association, and the Virginia Municipal League/Finance Policy Committee and Advisory Panel on Recovery Zone Bonds; 682 WHEREAS, Ms. Shawver has made many contributions to the Virginia .-. Government Finance Officers' Association, including her service as a member of the Executive Board and President in 2009 - 2010; WHEREAS, Ms. Shawver is an experienced equestrian rider with the Southwest Virginia Hunter-Jumper Association and has received numerous awards over the years; WHEREAS, Ms. Shawver has announced her resignation as Director of Finance, effective May 15, 2014; and WHEREAS, Ms. Shawver has served the City of Roanoke and its citizens for twenty years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this Resolution to acknowledge and recognize the many years of service rendered to the City of Roanoke and its people by Ann Harrity Shawver. 2. The City Clerk is directed to transmit an attested copy of this resolution to Ms. Shawver. APPROVED ATTEST: kittotiefTh Ion divet#4, a� � Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39939-051914. A RESOLUTION acknowledging and recognizing Workforce Investment Act ("WIA") reduction in funding from the Virginia Community College System from $249,993.00 to $120,117.00 for the Statewide Dislocated Worker/ Rapid Response Veterans Employment Activity funding for the award period of February 1, 2013 — June 30, 2014, to be administered by the Western Virginia Workforce Development Board ("WDB"). - • 683 WHEREAS, WIA funding will be reduced from $249,993.00 to $120,117.00 for the award period February 1, 2013 — June 30, 2013, for the Statewide Dislocated Worker/ Rapid Response Veterans Employment Activity funding, which funding was previously accepted by City Council, as stated in the City Council Agenda Report dated May 19, 2014. 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, a reduction in the funding level for the WIA Statewide Dislocated Worker/ Rapid Response Veterans Employment Activity funding from $249,993.00 to $120,117.00 from the Virginia Community College System, for the award period of February 1, 2013 — June 30, 2014, as more particularly set out in the City Council Agenda Report dated May 19, 2014. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acknowledgement and recognition of the foregoing reduction in funding. 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. APPROVED ATTEST: aboutane„,,,3/44 Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39940-051914. 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. • 684 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 $45,320.00 from the City, for a total program budget of $185,742.00, for a one year period beginning February 1, 2014, as more particularly set forth in the City Council Agenda Report dated May 19, 2014, 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 Reynolds, MMC QDavi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39941-051914. 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 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: • 685 Appropriations Regular Employee Salary 35-630-5357-1002 $ 95,323.00 Temporary Employee Wages 35-630-5357-1004 13,725.00 City Retirement 35-630-5357-1105 19,737.00 Health Savings 35-630-5357-1117 953.00 FICA 35-630-5357-1120 8,415.00 Medical Insurance 35-630-5357-1125 17,244.00 Dental Insurance 35-630-5357-1126 1,046.00 Life Insurance 35-630-5357-1130 1,146.00 Disability Insurance 35-630-5357-1131 323.00 Telephone 35-630-5357-2020 1,750.00 Telephone-Cellular 35-630-5357-2021 1,000.00 Administrative Supplies 35-630-5357-2030 1,750.00 Expendable Equipment <$5000 35-630-5357-2035 500.00 Motor Fuel Billed Through Fleet 35-630-5357-2039 2,500.00 Program Activities 35-630-5357-2066 19,030.00 Postage 35-630-5357-2160 300.00 Fleet Management Vehicle Repair 35-630-5357-7026 1,000.00 Revenues Homeless Assistance Team FY14 35-630-5357-5357 140,422.00 Homeless Assistance Team FY14 - Local 35-630-5357-5358 45,320.00 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: q Stephanie M. Moon Reynolds, MMC 4a Davi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19`h day of May, 2014. No. 39942-051914. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the Virginia Department of Health, and authorizing execution of any required documents on behalf of the City, in connection with such grant, under certain conditions. 686 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 Summer Nutrition Program, all of which is more particularly described in the City Council Agenda Report dated May 19, 2014, 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 additional documents, approved as to form by the City Attorney, needed to implement and administer the Summer Food Program Grant. APPROVED ATTEST: N-4-P,JMis-dYn \01\st:Ov,cklArketc-) (201.0.0stisa3/4 Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39943-051914. 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 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 certain sections of the 2013 - 2014 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 687 Appropriations Youth Activities 35-620-5275-2157 $100,000.00 Revenues Summer Food Program FY14 35-620-5275-5275 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: W . AccU ,) 9��Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39944-051914. A RESOLUTION accepting the Public Safety Answering Point (PSAP) grants to the City from the Virginia E-911 Services Board, and authorizing execution of any required documentation on behalf of the City to accept such grants. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the PSAP grant offered by the Virginia E-911 Services Board in the amount of $231,000.00, with no local match required, for a CAD2CAD data exchange program with the County of Roanoke's E-911 Center, and further the City of Roanoke does hereby accept a second PSAP grant offered by the Virginia E-911 Services Board in the amount of $150,000.00, with no local match, for the upgrading of the City's 911 phone system, for a combined total of $381,000.00, beginning July 1, 2014, upon the terms more particularly described in the City Council Agenda Report dated May 19, 2014. 2. The City Manager is hereby authorized to execute on behalf of the City any necessary documents to accept the grants, in a form approved by the City Attorney. 688 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of these grants. APPROVED ATTEST: t _CV A was Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39945-051914. AN ORDINANCE to appropriate funding from the Virginia E-911 Services Board Grant to the E-911 Upgrades Hardware/Software project, amending and re-ordaining certain sections of the 2013 - 2014 Department of Technology 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 certain sections of the 2013 - 2014 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from State Grant Funds 13-430-9870-9007 $ 381,000.00 Revenue E-911 Wireless Board State Grant 13-430-9870-9870 381,000.00 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: *T .R n' / / Stephanie M. Moon oyn0 , MMC David A. Bowers City Clerk Mayor 689 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39946-051914. 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 (VDSS); 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. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Employment Advancement for TANF Participants grant from the VDSS, in the amount of $312,887.00, for the period commencing July 1, 2014, through June 30, 2015, 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, by Total Action Against Poverty, Blue Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, as further set forth in the City Council Agenda Report dated May 19, 2014, 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 Freynolds, MMC David A. Bowers ' City Clerk Mayor 690 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39947-051914. 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 2014 - 2015 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 2014 - 2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services 35-630-8866-2010 $312,887.00 Revenues SWVA Regional Employment Coalition FY15 35-630-8866-8866 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 4ATTEST: 4\tor-Q41 tephanie M. Moon eynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39948-051914. A RESOLUTION authorizing the City Manager's issuance and execution of Amendment No. 3 to the City Contract with CONMED, INC., in an amount not to exceed $2,379,912.00 for additional medical services for care of inmates housed at the City Jail; and authorizing the City Manager to execute such amendment retroactive to February 1, 2014. 691 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 the attached Amendment No. 3, substantially in the form attached hereto, retroactive to February 1, 2014, in an amount not to exceed $2,379,912.00 for additional medical services for care of inmates housed at the City Jail, all as more fully set forth in the City Council Agenda Report to this Council dated May 19, 2014. The City entered into the original Contract with CONMED, INC. on July 1, 2010 (Contract). 2. The form of Amendment No. 3 shall be approved by the City Attorney. 3. The City Manager is further authorized to take such action and execute such other documents as may be necessary to provide for the implementation, administration, and enforcement of Amendment No. 3 to the above mentioned Contract, as well as the Contract, as amended. The form of any such additional documents shall be approved by the City Attorney. APPROVED ATTEST: Saainikalketalamt, Stephanie M. Moon MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39949-051914. AN ORDINANCE to increase the Roanoke Jail Inmate Phone Commissions expenditure and Inmate Phone Commissions revenue budget estimates, 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 • Inmate Phone Commissions 01-140-3310-2074 $180,000.00 Revenues Inmate Phone Commissions 01-110-1234-1305 180,000.00 692 Pursuant to the provisions of Section 12 of the City Charter, the second reading -. of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 51/44y,,,,LAAY1 Y\ 09,kiregki Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39950-051914. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City Contract with Crouch Engineering, P.C., in an amount up to $366,869.00 for additional architectural and engineering (NE) services for Norfolk Avenue and Culvert Improvements associated with the Norfolk Southern Passenger Rail Platform; and authorizing the City Manager to take certain actions in connection with such project. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute such additional Amendments as may be necessary to the City's Contract with Crouch Engineering, P.C., in an amount not to exceed $366,869.00 for additional NE services for Norfolk Avenue and Culvert Improvements associated with the Norfolk Southern Passenger Rail Platform, all as more fully set forth in the City Council Agenda Report to this Council dated May 19, 2014. The City entered into the original Contract with Crouch Engineering, P.C. on March 5, 2014 (Contract). 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 the total amount of such Amendments will not exceed an additional $366,869.00, including an initial Amendment for the additional NE services in an amount of $316,869.00, all as set forth in the above Report. . . 693 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract, as well as the Contract, as amended. The form of all such additional documents shall be approved by the City Attorney. APPROVED ATTEST:+ Stephanie M. Moon Reynolds,, MMC� David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39951-051914. 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: Appropriations Materials and 302-120-0000-1050-330H-61310-46601-3-02 $ 5,130.00 Supplies Teachers 302-120-0000-0000-111G-61100-41121-9-02 6,264.00 Coordinators 302-120-0000-0000-111G-61100-41124-9-02 479.00 Instructional 302-120-0000-0000-111 G-61100-46614-9-02 Supplies 3,257.00 Revenues State Grant 302-000-0000-0000-330H-00000-32418-0-00 5,130.00 Receipts Federal Grant 302-000-0000-0000-111G-00000-38027-0-00 10,000.00 Receipts 694 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: > C.P.ses Stephanie M. Moon eyno ds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39952-051914. A RESOLUTION recognizing and commending the outstanding performance of the 2013 - 2014 William Fleming High School Girls Varsity Basketball Team. WHEREAS, the William Fleming High School Girls Varsity Basketball Team, comprised of 13 student athletes and a student manager, proudly and successfully represented William Fleming High School and the entire Roanoke Valley this past season by capturing the Blue-Ridge District Regular Season Championship, the Conference 24 Championship, the 4A Region Championship and reaching the finals of the VHSL 4A State Tournament on March 8, 2014, by defeating Woodrow Wilson High School of Portsmouth, Virginia by a score of 38 - 34 before the largest home crowd of the season; WHEREAS, under the leadership of Head Coach Ronald "Champ" Hubbard and Assistant Coaches Ryann Hubbard, Angela Terry, Bryan Ashford, and Rick Ramey, along with Videographer Eric Johnson, the William Fleming High School Girls Varsity Basketball Team showcased great camaraderie, confidence, composure, and determination throughout its 2013 - 2014 season, and completed its season as the Blue-Ridge, Conference 24, and 4A Region Champions and 4A State Runner-up, with an outstanding combined season record of 22 — 7; and WHEREAS, the William Fleming High School Girls Varsity Basketball Team garnered additional honors and accolades this season by virtue of the outstanding individual accomplishments of several team members including Desiree Keeling who was named as Player of the Year for the Blue-Ridge District, Conference 24, 4A North Region, and Kiwanis Club, and was named a member of the First Team All-Timesland, VHSL State, and VHSCA State; Antavia Stevens who was named a member of the First Team for the Blue-Ridge District, Conference 24, 4A North Region, and was named a member of the Second Team All-Timesland and Second Team VHSCA State; Gracie 695 Doane who was named a member of the First Team for Blue-Ridge District, Conference 24, and received Honorable Mention for the 4A North Region; KeAshe Lee who was named a member of the Second Team for the Blue-Ridge and Conference 24; Courtney Martin who was named a member of the Second Team for the Blue-Ridge and Conference 24; Nadjae Stokes who received Honorable Mention for Conference 24; and Coach Ronald "Champ" Hubbard who was named Coach of the Year for the Blue- Ridge District, Conference 24, 4A North Region, Kiwanis Club, and All-Timesland. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council adopts this means of recognizing and commending the outstanding performance of the 2013 - 2014 William Fleming High School Girls Varsity Basketball Team and coaching staff for winning championships in the Blue-Ridge District, Conference 24, and 4A North Region, reaching the VHSL Championship game in Richmond, and demonstrating throughout their most successful season the value of teamwork, perseverance, and dedication. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Head Coach, Ronald "Champ" Hubbard. APPROVED ATTEST: rLli 1S) (2girds"1".%"' Stephanie M. Moon Reynolds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19`" day of May, 2014. No. 39953-051914. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Community Youth Program at St. John's, Inc., 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, Community Youth Program at St. John's, 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; 696 WHEREAS, a public hearing at which all citizens had an opportunity to be heard -. with respect to the Applicant's petition was held by Council on May 19, 2014; 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 Community Youth Program at St. John's, Inc., as a charitable, religious, or benevolent organization within the context we. 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 July 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 LeeAnn Reich, Executive Director, Community Youth Program at St. John's, 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: E0126ffna Stephanie M. Moon Re olds, MC David A. Bowers City Clerk Mayor 697 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39954-051914. 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, Virginia Department of Transportation 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 May 13, 2014, 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 2,967 square foot portion of the right-of-way of Oakland Boulevard, N. W., at its southern terminus adjacent to Interstate 581 and immediately southeast of Round Hill Elementary School, such school being located on Official Tax Map No. 2250102, V . 698 be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed right-of-way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right-of-way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above-described public right-of-way of any such municipal installation or other utility or facility by the owner thereof. BE IT FURTHER ORDAINED that the applicant shall submit to the Subdivision Agent, receive all required approvals of, and record with the Clerk of the Circuit Court for the City of Roanoke, a subdivision plat, with such plat combining all properties which would otherwise dispose of the land within the right-of-way to be vacated in a manner consistent with law, and retaining appropriate easements, together with the right of ingress and egress over the same, for the installation and maintenance of any and all existing utilities that may be located within the right-of-way. BE IT FURTHER ORDAINED that the applicant shall, upon meeting all other conditions to the granting of the application, deliver to the Clerk of the Circuit Court of the City of Roanoke, Virginia, a certified copy of this ordinance for recordation where deeds are recorded in such Clerk's Office, indexing the same in the name of the City of Roanoke, Virginia, as Grantor, and in the name of the applicant, and the names of any other parties in interest who may so request, as Grantees, and pay such fees and charges as are required by the Clerk to effect such recordation. BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. 699 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 Reynolds, ' MC r Q:cg."~".■,„ David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014 No. 39955-051914. AN ORDINANCE amending and reordaining the Code of the City of Roanoke (1979), as amended, by repealing Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended, and enacting a new Chapter 11.6, Stormwater Management, being a comprehensive revision of the stormwater management regulations of the City; providing for an effective date; and dispensing with the second reading by title of this ordinance. WHEREAS, land-disturbing activities and associated increases in impervious cover alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, stream channel erosion, and sediment transport and deposition; WHEREAS, increased stormwater runoff contributes to increased quantities of water-borne pollutants; WHEREAS, stormwater runoff, soil erosion and nonpoint source pollution can be controlled and minimized through the regulation of stormwater runoff from land- disturbance sites; WHEREAS, the City's regulations pertaining to stormwater management need to be updated and made consistent with current state code requirements; WHEREAS, because stormwater management is an issue which affects the Roanoke Valley region and not simply a single jurisdiction, representatives from the City and from Roanoke County have drafted ordinances to be adopted by their respective governing bodies, such ordinances being developed to be consistent and supportive of one another; and 700 WHEREAS, this Council, after considering the proposed stormwater management ordinance, is of the opinion that the proposed stormwater management —• ordinance is necessary for the management of stormwater in the City of Roanoke and ought to be adopted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke (1979), as amended, is hereby REPEALED. 2. The Code of the City of Roanoke (1979), as amended, is amended, by the addition of a new Chapter 11.6, Stormwater Management, consisting of Sections 11.6- 100 through 11.6-800, to read and provide as follows: Sec. 11.6-100. Purpose and Authority. (a) This chapter shall be known as the "Stormwater Management Ordinance." The purpose of this chapter is to ensure the general health, safety, and welfare of the citizens of the City, protect the quality and quantity of state waters from the potential harm of unmanaged ram stormwater, including protection from a land-disturbing activity causing unreasonable degradation of properties, water quality, stream channels, y and other natural resources, and to establish procedures whereby stormwater requirements related to water quality and quantity shall be administered and enforced. (b) This chapter is adopted pursuant to Chapter 3.1, State Water Control Law, of Title 62.1, Waters of the State, Ports, and Harbors, of the Code of Virginia. (c) This chapter is also adopted to integrate the City's stormwater management, erosion and sediment control, and stormwater discharge regulations, into a unified stormwater program. The unified stormwater program is intended to facilitate the submission and approval of plans, issuance of VSMP Authority permits, payment of fees, and coordination of inspection and enforcement activities, into a more convenient and efficient manner for both the City and those responsible for compliance with these programs. . a 701 Sec. 11.6-101. Definitions. In addition to the definitions set forth in 9VAC25-870-10 of the Regulations, which are expressly adopted and incorporated herein by reference, the following words and terms used in this chapter have the following meanings, unless otherwise specified herein. Where a definition in the Regulations differs from a definition set forth below, or the context indicates otherwise, the definition set forth below shall supercede the definition in the Regulations. 'Act" means Article 2.3, Stormwater Management Act, of Chapter 3.1, State Water Control Law, of Title 62.1, Waters of the State, Ports, and Harbors, of the Code of Virginia. 'Administrator" means the City of Roanoke employee who is responsible for administering the VSMP on behalf of the City. "Agreement in lieu of a stormwater management plan"means a contract between the City and the owner or permittee that specifies methods that shall be implemented to comply with the requirements of the VSMP for the construction of a single-family residence; and may be executed by the City in lieu of a stormwater management plan. "Applicant" means any person submitting an application for a Virginia Storm water Management Program Authority Permit or requesting issuance of a Virginia Stormwater Management Program Authority Permit under this chapter. "Best management practice"or "BMP"means schedules of activities, prohibitions of practices, including both structural and nonstructural practices, maintenance procedures, and other management practices to prevent or reduce the pollution of surface waters and groundwater systems from the impacts of land-disturbing activities. "City"means the City of Roanoke, Virginia. "Clean Water Act" means the Federal Clean Water Act (33 U.S.0 §1251 et seq.), formerly referred to as the Federal Water Pollution Control Act or Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500, as amended by Public Law 95-217, Public Law 95-576, Public Law 96-483, and Public Law 97-117, or any subsequent revisions thereto. "Code of Virginia"means the Code of Virginia (1950), as amended. "Common plan of development or sale"means a contiguous area where separate and distinct construction activities may be taking place at different times on different schedules. 702 "Comprehensive stormwater management facility" or "comprehensive facility" means a facility or series of facilities designed to control stormwater runoff from a specific watershed, although only portions of the watershed may experience development. "Comprehensive stormwater management plan" means a plan which may be integrated with other land use plans or regulations that specifies how the water quality components, or quantity components, or both, of stormwater are to be managed on the basis of an entire watershed or a portion thereof The plan may also provide for the remediation of erosion, flooding, and water quality and quantity problems caused by prior development. "Control measure" means any best management practice or stormwater facility, or other method used to minimize the discharge of pollutants to state waters. "Department"means the Department of Environmental Quality. "Design Manual" means the City's Stormwater Management Design Manual, as revised and updated from time to time by the city manager, containing guidance on how stormwater management systems are to be designed and policies that are to be followed as set forth by the City. "Development" means land disturbance and the resulting landform associated with the construction of residential, commercial, industrial, institutional, recreation, transportation or utility facilities or structures or the clearing of land for non-agricultural or non-silvicultural purposes. "Development Agreement" means a Comprehensive Development Plan Agreement, Land Subdividers Agreement, or an Erosion and Sediment Control Agreement. "Director" means the City's Director of the Planning Building and Development Department. "General Permit" means the state permit titled, "General Permit for Discharges of Stormwater from Construction Activities" found in Part XIV (9VAC25-880-1, et seq.) of the Regulations, authorizing a category of discharges under the Clean Water Act and the Act within a geographical area of the Commonwealth of Virginia. "Land-disturbing activity" or "land disturbance" means a man-made change to the land surface that potentially changes its runoff characteristics including clearing, grading, or excavation, except that the term shall not include those exemptions specified in Section 11.6-102 of this chapter. "Layout" means a conceptual drawing sufficient to provide for the specified stormwater management facilities required at the time of approval. - 703 "Linear development project" means a land-disturbing activity that is linear in nature, such as, but not limited to: (a) The construction of electric and telephone utility lines, and natural gas pipelines; (b) Construction of tracks, rights-of-way, bridges, communication facilities and other related structures of a railroad company; (c) Highway construction projects; (d) Construction of stormwater channels and stream restoration activities; (e) Water and sewer line; or (f)Projects undertaken by a public entity, in a public right of way, including but not limited to streetscapes, curbs, sidewalks, inlets, pipes, landscaping and lighting. Streets constructed in association with residential, commercial, or industrial site development are not considered linear development projects. "Minor modification" means an amendment to an existing General Permit before its expiration not requiring extensive review and evaluation including, but not limited to, changes in EPA promulgated test protocols, increasing monitoring frequency requirements, changes in sampling locations, and changes to compliance dates within the overall compliance schedules. A minor General Permit modification or amendment does not substantially alter General Permit conditions, substantially increase or decrease the amount of surface water impacts, increase the size of the operation, or reduce the capacity of the facility to protect human health or the environment. "Off-site compliance options"or "off-site options"means stormwater management measures that are located outside the subject property boundary described in the Virginia Stormwater Management Program Authority Permit application for a land- disturbing activity. "Operator" means the owner or operator of any facility or activity subject to regulation under this chapter. "Permittee" means the person to whom the Virginia Stormwater Management Program Authority Permit is issued. 704 "Person" means any individual, corporation, trust, estate, board, partnership, association, state, municipality, commission, or political subdivision of a state, governmental body, including federal, state, or local entity as applicable, any interstate . body or any other legal entity, or any agent or employee of any such person. "Regulations" means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC25-870-10, et. seq, as amended. "Site" means the land or water area where any facility or land-disturbing activity is physically located or conducted, including adjacent land used or preserved in connection with the facility or land-disturbing activity. "State"means the Commonwealth of Virginia. "State Board"means the Water Control Board. "State Permit" means an approval to conduct a land-disturbing activity issued by the State Board in the form of a state stormwater individual permit or coverage issued under a G eneral Permit or an approval issued by the State Board for stormwater discharges from a Municipal Separate Storm Sewer System (MS4). Under these state permits, the Commonwealth imposes and enforces requirements pursuant to the Clean Water Act, such permit shall be obtained by the setting of and accompanying information required by the State Board, including the General Permit registration statement, the Virginia Stormwater Management Act and the Regulations. "State waters" means all water, on the surface and under the ground, wholly or partially within, or bordering the Commonwealth or within its jurisdiction, including wetlands. "Stormwater" means precipitation that is discharged across the land surface or through conveyances to one or more waterways and that may include stormwater runoff, snow melt runoff, and surface runoff and drainage. "Stormwater facility maintenance agreement" means a legally binding agreement between the owner of a property and the City regarding long-term maintenance of stormwater management facilities. "Stormwater management facility" means a device that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the quantity and quality, the period of release, or the velocity of flow. "Stormwater management plan" means a document, or collection of documents, containing material describing methods for complying with the requirements of Section 11.6-202 of this chapter. 705 "Stormwater Pollution Prevention Plan" or "SWPPP" means a document that is prepared in accordance with good engineering practices and that identifies potential sources of pollutants that may reasonably be expected to affect the quality of stormwater discharges from the construction site, and otherwise meets the requirements of this chapter. In addition, the document shall identify and require the implementation of control measures, and shall include, but not be limited to, the inclusion of, or the incorporation by reference of, an approved erosion and sediment control plan, an approved stormwater management plan, and a pollution prevention plan. "Subdivision" means the same as defined in Chapter 31.1, Subdivisions, of the Code of the City of Roanoke (1979), as amended. "Total maximum daily load" or "TMDL" means the sum of the individual wasteload allocations for point sources, load allocations for nonpoint sources, natural background loading, and a margin of safety. TMDLs can be expressed in terms of either mass per time, toxicity, or other appropriate measure. The TMDL process provides for point versus nonpoint source trade-offs. "Virginia Stormwater Management Program" or "VSMP" means a program approved by the State Board after September 13, 2011, that has been established by a locality to manage the quality and quantity of runoff resulting from land-disturbing activities and shall include such items as local ordinances, rules, Virginia Stormwater Management Program Authority permit requirements annual standards and specifications, policies and guidelines, technical materials, and requirements for plan review, inspection, and enforcement, where authorized in this chapter, and evaluation consistent with the requirements of this chapter and associated regulations. "Virginia Stormwater Management Program authority" or "VSMP authority" means an entity approved by the State Board after September 13, 2011, to operate a Virginia Stormwater Management Program. "Virginia Stormwater Management Program Authority Permit"or "VSMP Authority Permit" means an approval to conduct a land-disturbing activity issued by the Administrator for the initiation of a land-disturbing activity, in accordance with this chapter, and which may be issued only after evidence of General Permit coverage has been provided by the Department. Sec.11.6-102.Virginia Stormwater Management Program Authority Permit Requirement; Exemptions. (a) Except as provided herein, no person may engage in any land-disturbing activity until a Virginia Stormwater Management Program Authority Permit • has been issued by the Administrator in accordance with the provisions of this chapter. 706 (b) This chapter shall be applicable to land-disturbing activities that are smaller than the minimum applicability criteria if such activities are part of a larger common plan of development that meets the applicability criteria, even though multiple separate and distinct land-disturbing activities may take place at different times on different schedules. (c) All stormwater management plans submitted for consideration under the terms of this chapter must be reviewed by the City to ensure that established water quality standards will be maintained during and after development of the site and that post construction runoff levels are consistent with the City's overall watershed plans and any comprehensive watershed plans. (d) Notwithstanding any other provisions of this chapter, the following activities are exempt, unless otherwise required by federal law: (1) Permitted surface or deep mining operations and projects, or oil and gas operations and projects conducted under the provisions of Title 45.1, Mines and Mining, of the Code of Virginia; (2) Clearing of lands specifically for agricultural purposes and the management, tilling, planting, or harvesting of agricultural, horticultural, or forest crops, livestock feedlot operations, or as additionally set forth by the State Board in regulations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage, and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Chapter 11, Forest Resources and the Department of Forestry, of Title 10.1, Conservation, of the Code of Virginia, or is converted to bona fide agricultural or improved pasture use as described in subsection B of section 10.1-1163 of the Code of Virginia; (3) Single-family residences separately built and disturbing less than one (1) acre and not part of a larger common plan of development or sale, including additions or modifications to existing single-family detached residential structures; (4) Land-disturbing activities that disturb less than ten thousand (10,000) square feet of land area, except for activities that are part of a larger common plan of development or sale that is one acre or greater of disturbance. • (5) Linear development projects, provided that less than one (1) acre of land will be disturbed; 707 (6) Discharges to a sanitary sewer or a combined sewer system; (7) Activities under a state or federal reclamation program to return an abandoned property to an agricultural or open land use; (8) Routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original construction of the project. The paving of an existing road with a compacted or impervious surface and reestablishment of existing associated ditches and shoulders shall be deemed routine maintenance if performed in accordance with this subsection; and (9) Conducting land-disturbing activities in response to a public emergency where the related work requires immediate authorization to avoid imminent endangerment to human health or the environment. In such situations, the Administrator shall be advised of the disturbance within seven days of commencing the land-disturbing activity, and compliance with the administrative requirements of subsection (a) of this section is required within 30 days of commencing the land-disturbing activity. (e) Any additions, extensions, or modifications to a development which was previously exempt under item (d) of this section, shall provide stormwater management for the entire combined development when the exemption limitations are exceeded. This applies only to additions, extensions, or modifications to a development within two (2) years of completion of the originally proposed development. This time frame limitation does not apply to single family or two family dwellings. Sec. 11.6-103. Compatibility with Other Requirements, This chapter is not intended to interfere with, abrogate, or annul any other ordinance, rule or regulation, statute, or other provision of law. The requirements of this chapter should be considered minimum requirements, and where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher protective standards for human health or the environment shall apply. Sec. 11.6-200. Stormwater Management Program Established,' Submission and Approval of Plans; Prohibitions. (a) Pursuant to Section 62.1-44. 15:27 of the Code of Virginia, the City hereby establishes a Virginia Stormwater Management Program for land- - disturbing activities and adopts sections 9VAC25-870 of the Regulations that specify standards and specifications for VSMPs promulgated by the State Board for the purposes set out in Section 11.6-100 of this chapter. 708 Pursuant to Section 62.1-44.15:27 of the Code of Virginia, the Director ^` shall appoint the Administrator who may render interpretations of the provisions of this chapter and shall have the necessary authority to - • administer and enforce this chapter, including ordering in writing the remedying of any condition found in violation of this chapter. The Administrator may report any noncompliance with this chapter to the City Attorney, or the Commonwealth Attorney, as appropriate, with the request for appropriate action at law to ensure or obtain compliance with this chapter. (b) A person shall not conduct any land-disturbing activity until such person has submitted a Virginia Stormwater Management Program Authority Permit application to the Virginia Stormwater Management Program authority that includes a General Permit registration statement, if such statement is required, and, a stormwater management plan or an executed agreement in lieu of a stormwater management plan, and has obtained Virginia Stormwater Management Program authority approval to begin land disturbance. (c) Unless specifically exempted by this chapter, any landowner or operator desiring a Virginia Stormwater Management Program Authority Permit for a land-disturbing activity shall submit to the City a Virginia Stormwater Management Program Authority Permit application on a form provided by the City for that purpose. Virginia Stormwater Management Program j Authority Permit applications shall comply with the requirements contained within the Design Manual. (d) No Virginia Stormwater Management Program Authority Permit shall be issued by the Administrator until the following items have been submitted to, and approved by, the Administrator as prescribed herein: (1) A Virginia Stormwater Management Program Authority Permit application that includes a General Permit registration statement, unless application is for a single-family detached residential structure, within or outside a common plan of development or sale, in which case no registration statement is required; (2) Evidence of General Permit coverage, unless an application is for a single-family detached residential structure, within or outside a common plan of development or sale, in which case automatic coverage is granted by the Department; (3) A stormwater pollution prevention plan (SWPPP) that meets the requirements of Section 11.6-201, of this chapter; 709 (4) Maintenance agreements in accordance with section 11.6-400 of this chapter, as applicable; (5) Performance bonds in accordance with section 11.6-800 of this chapter, as applicable; (6) A Virginia Stormwater Management Program Authority Permit application and plan review fee in accordance with section 11.6-700 of this chapter; and (7) An executed development agreement, as applicable. (e) No grading, building, or other local permit shall be issued for a property unless a Virginia Stormwater Management Program Authority Permit has been issued by the Administrator, when such Virginia Stormwater Management Authority Permit is required. (f) Should a land-disturbing activity associated with an approved plan in accordance with this section not begin during the 180-day period following approval or cease for more than one hundred eighty (180) days, the City may evaluate the existing approved stormwater management plan to determine whether the plan still satisfies local program requirements and to verify that all design factors are still valid. If the City finds the previously filed plan to be inadequate, a modified plan shall be submitted and approved prior to the initiation or resumption of land-disturbing activities. (g) No land development permit or other land-disturbing activity shall be granted or extended for more than a total five (5) consecutive years from the date of the original Virginia Stormwater Management Program Authority Permit issuance without reevaluation of the stormwater management requirements of this chapter. Sec. 11.6-201. Stormwater Pollution Prevention Plan; Contents of Plans. (a) The Stormwater Pollution Prevention Plan (SWPPP) shall include the content specified by Section 9VAC25-870-54 of the Regulations, and must also comply with the requirements and general information set forth in Section 9VAC25-880-70, Section II, of the Regulations, of the General Permit. At a minimum, the SWPPP must include: (1) An erosion and sediment control plan; (2) A stormwater management plan; (3) A pollution prevention plan; and • 710 (4) Any additional control measures necessary to address a TMDL. (b) The SWPPP shall be amended by the operator whenever there is a • change in design, construction, operation, or maintenance that has a significant effect on the discharge of pollutants not addressed by the existing SWPPP. (c) The SWPPP must be maintained by the operator at a central location onsite. If an onsite location is unavailable, notice of the SWPPP's location must be posted near the main entrance at the construction site. Operators shall make the SWPPP available for public review in accordance with Section II of the General Permit, either electronically or in hard copy. Sec. 11.6-202. Stormwater Management Plan; Contents of Plan. (a) The Stormwater Management Plan, required in Section 11.6-201 of this chapter, must apply the stormwater management technical criteria set forth in Section 11.6-300 of this chapter to the entire land-disturbing activity and consider all sources of surface runoff and all sources of subsurface and groundwater flows converted to surface runoff. (b) A stormwater management plan for a land-disturbing activity shall apply the stormwater management technical criteria set forth in this section to the entire land-disturbing activity. Individual lots in new residential, commercial, or industrial developments shall not be considered separate land-disturbing activities, if already identified on an approved stormwater management plan. (c) A stormwater management plan that is approved for a residential, commercial, or industrial subdivision shall govern the development of the individual parcels, including those parcels developed under subsequent owners. (d) The stormwater management plan shall include all of the information required in the final stormwater management plan checklist found in the Design Manual. (e) If an operator intends to meet the water quality and/or quantity requirements set forth in Section 11.6-300 of this chapter through the use of off-site compliance options, where applicable, then a letter of availability from the off-site provider must be included. Approved off-site options must achieve the necessary nutrient reductions prior to the commencement of the applicant's land-disturbing activity, except as otherwise allowed by section 10.1-603.8:1 of the Code of Virginia. "' 711 (f) Elements of the stormwater management plans that include activities regulated under Chapter 4, Architects, Engineers, Surveyors, Landscape Architects, and Interior Designers, of Title 54. 1, Professions and Occupations, of the Code of Virginia shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia pursuant to Article 1, Architects, Engineers, Surveyors, and Landscape Architects of Chapter 4, of Title 54.1, Professions and Occupations, of the Code of Virginia. (g) An agreement in lieu of a stormwater management plan may be utilized for construction of a single-family detached residential structure, within or outside a common plan of development or sale; (h) A construction record drawing for permanent stormwater management facilities shall be submitted to the Administrator and approved. The construction record drawing shall be appropriately sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities, including, but not limited to, storm drain pipes, culverts, and BMPs used to control or treat stormwater have been constructed in accordance with the approved plan. Sec. 11.6-203. Pollution Prevention Plan; Contents of Plans. (a) A Pollution Prevention Plan, required by 9VAC25-870-56 of the Regulations, shall be developed, implemented, and updated as necessary and must detail the design, installation, implementation, and maintenance of effective pollution prevention measures to minimize the discharge of pollutants. (b) The Pollution Prevention Plan shall include all of the information required as specified in the Design Manual. (c) The Pollution Prevention Plan must be updated as necessary in order to minimize the discharge of pollutants. Sec. 11.6-204. Review of Stormwater Management Plan. (a) The Administrator shall review stormwater management plans and shall approve or disapprove a stormwater management plan. All applications will be processed in accordance with procedures and time frames as set forth in the Design Manual. However, no time frames will exceed the time frames as set forth in 9VAC25-870 of the Regulations. (b) Approved stormwater management plans may be modified as follows: 712 (1) Modifications to an approved stormwater management plan shall be allowed only after review and written approval by the Administrator. The Administrator shall respond in writing either ` a approving or disapproving such request. All requests for a modification shall be in writing. (2) The Administrator may require that an approved stormwater management plan be amended, within a time prescribed by the Administrator, to address any deficiencies noted during inspection. Sec. 11.6-205. Comprehensive Stormwater Management Plans. (a) Applicants shall communicate with the Administrator prior to submitting an application for a stormwater management plan to determine if a comprehensive storm water management plan has been developed for the applicable watershed. (b) If such a comprehensive stormwater management plan exists, the applicant must provide stormwater management water quality treatment on-site in accordance with the provisions of the comprehensive plan and other management provisions as specified by the City. (c) A comprehensive stormwater management plan, which accompanies an application, shall, at a minimum, address the following: (1) The specific stormwater management issues within the targeted watersheds; (2) The technical criteria in this chapter, the Design Manual and the Virginia Stormwater Management Program permit regulations at 9VAC25-870 of the Regulations, as needed; (3) The goals and requirements of the City's comprehensive plan, zoning ordinance, and other planning documents; (4) . Opportunities for financing a watershed plan through cost sharing with neighboring agencies or localities, and implementation of comprehensive stormwater utility fees; (5) Maintenance of the selected stormwater management facilities; and (6) Future expansion of the selected stormwater management facilities in the event that development exceeds the anticipated level. 713 Sec. 11.6-300. Technical Criteria for Regulated Land-Disturbing Activities. (a) To protect the quality and quantity of state water from the potential harm of unmanaged stormwater runoff resulting from land-disturbing activities, the City hereby adopts the technical criteria for regulated land-disturbing activities set forth in Part II B of the Regulations, expressly to include 9VAC25-870-63 (water quality design criteria requirements); 9VAC25-870- 65 (water quality compliance); 9VAC25-870-66 (water quantity); 9VAC25- 870-69 (off-site compliance options); 9VAC25-870-72 (design storms and hydrologic methods); 9VAC25-870-74 (stormwater harvesting); 9VAC25- 870-76 (linear development project); and, 9VAC25-870-85 (stormwater management impoundment structures or facilities), and 9VAC25-870-93 through 9VAC25-870-99 which shall apply to all land-disturbing activities regulated pursuant to this chapter, except as expressly set forth in subsection (b) of this section. (b) Any land-disturbing activity shall be considered grand fathered by the Virginia Stormwater Management Program authority and shall be subject to the Part ll C technical criteria of the Regulations, provided: (1) A proffered or conditional zoning plan, zoning with a plan of development, preliminary or final subdivision plat, preliminary or final site plan, or any document determined by the City to be equivalent thereto (i) was approved by the City prior to July 1, 2012, (ii) provided a layout as defined in 9VAC25-870-10 of the Regulations, (iii) will comply with the Part II C technical criteria of the Regulations, and (iv) has not been subsequently modified or amended in a manner resulting in an increase in the amount of phosphorus leaving each point of discharge, and such that there is no increase in the volume or rate of runoff; (2) A state permit has not been issued prior to July 1, 2014; and (3) Land disturbance did not commence prior to July 1, 2014. (c) Locality, state, and federal projects shall be considered grandfathered by the Virginia Stormwater Management Program authority and shall be subject to the Part II C technical criteria of the Regulations, provided: (1) There has been an obligation of locality, state, or federal funding, in whole or in part, prior to July 1, 2012, or the Department has approved a stormwater management plan prior to July 1, 2012, (2) A state permit has not been issued prior to July 1, 2014; and 714 (3) Land disturbance did not commence prior to July 1, 2014. (d) Land-disturbing activities grandfathered under subsections (b) and (c) of this section shall remain subject to the Part II C technical criteria of the Regulations for one additional state permit cycle. After such time, portions of the project not under construction shall become subject to any new technical criteria adopted by the Board. (e) In cases where governmental bonding or public debt financing has been issued for a project prior to July 1, 2012, such project shall be subject to the technical criteria of Part II C of the Regulations. (f) Nothing in this section shall preclude an operator from constructing to a more stringent standard at the operator's discretion. Sec. 11.6-301. Design Manual. (a) The City will utilize the policy, criteria and information, including the specifications and standards of the Design Manual for the proper implementation of the requirements of this chapter. (b) The City Manager may update or revise the Design Manual from time to time, provided that such updates or revisions pertain to procedural matters or are consistent with standard engineering practices and do not conflict with the Regulations. Sec. 11.6-302. Exceptions. (a) The Administrator may grant exceptions to the technical requirements of Part II B or Part II C of the Regulations, provided that (i) the exception is the minimum necessary to afford relief, (ii) reasonable and appropriate conditions are imposed so that the intent of the Act, the Regulations, and this chapter are preserved, (iii) granting the exception will not confer any special privileges that are denied in other similar circumstances, and (iv) exception requests are not based upon conditions or circumstances that are self-imposed or self-created. Economic hardship alone is not sufficient reason to grant an exception from the requirements of this chapter. (b) Exceptions to the requirement that the land-disturbing activity obtain the required Virginia Stormwater Management Program Authority Permit shall not be given by the Administrator, nor shall the Administrator approve the use of a BMP not referenced in 9VAC25-870-65 of the Regulations, or not duly approved by the Director. 715 (c) Exceptions to requirements for phosphorus reductions shall not be allowed, unless off-site options otherwise permitted pursuant to 9VAC25- 870-69 of the Regulations have been considered and found not available. (d) Nothing in this section shall preclude an operator from constructing to a more stringent standard at the operator's discretion. (e) A request for an exception from the stormwater management technical requirements shall be submitted in writing to the Administrator for approval. (f) The Administrator may grant an exception, pursuant to section (a) of this section, from strict compliance with the requirements of this chapter, provided that acceptable mitigation measures are provided. However, to be eligible for an exception, the applicant must demonstrate to the satisfaction of the Administrator that the downstream waterways will not be subject to: (1) Deterioration of existing culverts, bridges, dams and other structures; (2) Deterioration of biological functions or habitats; (3) Accelerated streambank or streambed erosion or siltation; and (4) Increased threat of flood damage to public health, life and property. If a comprehensive stormwater management facility, designed to control stormwater quantity or quality, currently operates or is the subject of a Virginia Stormwater Management Authority Permit issued by the City is to be constructed downstream of the proposed development, the City has the option to require the developer to pay a fee for its share of the responsibility of the comprehensive storm water management facility. Paying a fee in lieu of stormwater management practices does not relieve the developer of meeting any requirements of this chapter other than the negotiated relief. The developer is responsible for ensuring that downstream properties are not negatively impacted by stormwater flow, velocity, or quality leaving the developed site. Sec. 11.6-400. Long-Term Maintenance of Permanent Stormwater Facilities. (a) The Administrator shall require the provision of long-term responsibility for and maintenance of stormwater management facilities and other techniques specified to manage the quality and quantity of runoff. Such requirements shall be set forth in an instrument recorded in the local land • records prior to General Permit termination or earlier as required by the 716 Administrator and shall at a minimum: (1) Be submitted to the Administrator for review, approval and recordation prior to the approval of the storm water management plan; (2) Be stated to run with the land; (3) Provide for all necessary access to the property for purposes of maintenance and regulatory inspections; (4) Provide for inspections and maintenance and the submission of inspection and maintenance reports to the Administrator; and (5) Be enforceable by all appropriate governmental parties. (b) The maintenance agreement shall provide for access to stormwater management facilities at reasonable times for periodic inspection by the City, or its contractor or agent or other designee, and for regular assessments of landowners to ensure that the facility is maintained in proper working condition to meet design standards and any other provisions established by this chapter. (c) When any new stormwater management facility is installed on private property, or when any new connection is made between private property and a public storm drainage system, duly authorized employees, agents, or representatives of the City shall be authorized to enter such public or private property at any reasonable time for the purpose of inspection. Entry onto the property includes the right to enter when there is a reasonable basis to believe that a violation of this chapter is occurring or has occurred, and to enter when necessary for abatement of a public nuisance or correction of a violation of this chapter. (d) Maintenance of all stormwater management facilities shall be ensured through the maintenance agreement recorded with the Clerk of the Roanoke City Circuit Court prior to final plan approval. The agreement shall identify the responsible party for carrying out the maintenance, including the owner, governmental agency or other legally established entity to be permanently responsible for maintenance. (e) The operation and maintenance of stormwater management facilities, unless assumed by a governmental agency, shall remain with the responsible party and shall pass to any successor in title. Any changes to the maintenance agreement shall be reviewed and approved by the City prior to plan approval. 717 (f) As pad of the maintenance agreement, a schedule shall be developed for when and how often maintenance will occur to ensure proper function of the stormwater management facility. The agreement shall also include plans for periodic inspections to ensure proper performance of the facility between scheduled maintenance, shall also include "failure to maintain" provisions, and shall include provisions for submission of inspection and maintenance reports to the Administrator. The terms of the maintenance agreement shall incorporate and be consistent with the requirements of the operation and maintenance portion of the stormwater management plan as described in the Design Manual. Sec. 11.6-401. Monitoring and Inspections. (a) The permittee must notify the Administrator before the commencement of construction. The permittee must notify the Administrator before construction of critical components of a stormwater management facility. (b) The Administrator shall inspect the land-disturbing activity during construction for: (1) Compliance with the approved erosion and sediment control plan; (2) Compliance with the approved stormwater management plan; (3) Compliance with the approved pollution prevention plan as well as updating and implementation of the pollution prevention plan; and (4) Development and implementation of any additional control measures necessary to address a TMDL. (c) The Administrator may, at reasonable times and under reasonable circumstances, enter any establishment or upon any property, public or private, for the purpose of obtaining information or conducting surveys or investigations necessary in the enforcement of the provisions of this chapter. (d) In accordance with a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement or instrument, the Administrator may also enter any establishment or upon any property, public or private, for the purpose of initiating or maintaining appropriate actions which are required by the Virginia Storm water Management Program Authority Permit conditions associated with a land- disturbing activity when a permittee, after proper notice, has failed to take acceptable action within the time specified. 718 (e) Periodic inspections of the stormwater management system construction shall be conducted by the staff of the City. Storm water management construction inspection shall utilize the approved storm water management plans and specifications in reviewing compliance with the requirements of this chapter. The City shall perform inspections that can be confirmed by visual means only. (f) Pursuant to Section 10.1-603.12:2 of the Code of Virginia, the Administrator may require every Virginia Stormwater Management Program Authority Permit applicant or permittee, or any such person subject to the Virginia Stormwater Management Program Authority Permit requirements under this chapter, to furnish, when requested, such application materials, plans, specifications, and other pertinent information as may be necessary to determine the effect of any discharge on the quality of state waters, or such other information as may be necessary to accomplish the purposes of this chapter. (g) Post-construction inspections of stormwater management facilities required by the provisions of this chapter shall be conducted by the Administrator pursuant to the City's adopted and State Board approved inspection program, and shall occur at least once every five (5) years. (h) Upon completing the construction of stormwater facilities, the permittee is . responsible for certifying to the Administrator that the completed project is in accordance with the approved plans and specifications and the permittee shall conduct regular inspections during construction sufficient to adequately document compliance. All inspections conducted by the permittee shall be documented and written reports prepared that contain the following information: (1) The date and location of the permittee inspection; (2) Whether construction is in compliance with the approved stormwater management plan; (3) Variations from the approved construction specifications; (4) Corrective actions that have been taken to correct previous violations; (5) Any violations that exist; and (6) The name and signature of the person who performed the inspection. 719 (i) If the inspections, conducted by the City, find any violations, the permittee shall be notified in writing of the nature of the violation and the required corrective actions. No additional construction or land-disturbing activity in the area of the violation shall proceed until any violations are corrected and all work previously completed has received approval by the Administrator. Q) The permittee shall provide inspection monitoring and reports to ensure compliance with the approved plan and to determine whether the measures required in the plan provide effective stormwater management. (k) If the Administrator determines that there is a failure to comply with the plan, notice shall be served upon the permittee or person responsible for carrying out the plan in accordance with Article VII of this chapter. (I) The permittee shall be responsible for the maintenance and repair of stormwater management facilities during construction. Following the completion and acceptance of construction, a responsible party shall be designated for the maintenance and repair of stormwater management facilities. Persons responsible for the maintenance and repair of stormwater management facilities shall perform periodic inspection, maintenance, and repair, in conformance with the applicable maintenance • agreement. All inspection, maintenance, and repair activities shall be documented. (m) All stormwater structures and management facilities shall be properly maintained, repaired, and inspected as required to meet the performance requirements as specified in the approved stormwater facility maintenance agreement, including any stormwater structure or stormwater management facility existing as of the effective date of this chapter. (n) In addition to the inspections performed by the permittee or landowner, the City shall periodically inspect all stormwater management facilities. In the event that the stormwater management facility has not been maintained or becomes a danger to public safety, public health, or the environment, the City shall notify the landowner by registered or certified mail. The notice shall specify the measures needed to comply with the plan and shall specify the time within which such measures shall be completed. If the responsible party fails or refuses to meet the requirements of the maintenance covenant, the City, after reasonable notice, may correct a violation of the design standards or maintenance needs by performing all necessary work to place the facility in proper working condition, and recover the costs from the landowner. In the event that maintenance or - - repair is neglected, or the stormwater management facility becomes a danger to public health, safety, or the environment, the City reserves the authority to perform the work and to recover the costs from the landowner. 720 (o) Parties responsible for the operation and maintenance of a stormwater management facility shall make records of the installation and of all inspections, maintenance and repairs, and shall retain the records for at least five (5) years. (p) Records of inspection and maintenance by the responsible party shall be submitted to the City annually. (q) The City will conduct post-construction inspections of stormwater management facilities at least once every five (5) years. Sec. 11.6-402. As-built plans. (a) The permitee shall submit as-built plans, acceptable to the City, and supporting documentation, acceptable to the Administrator, for any stormwater management facility and storm drainage system associated with the project after final construction is completed, prior to the City's final inspection. The plan and documentation must show that the installed stormwater management facility and applicable storm drainage system components conform to the requirements contained within the approved stormwater management plan. (b) As-built plans and certification documentation shall comply with all . applicable requirements in the Design Manual. (c) The as-built plans shall be sealed and signed by a professional registered in the Commonwealth of Virginia, certifying that the stormwater management facilities have been constructed in accordance with the approved plan. Sec. 11.6-500. Hearings. (a) Any Virginia Stormwater Management Program Authority Permit applicant or permittee, or person subject to the requirements of this chapter, aggrieved by any action of the Administrator taken without a formal hearing, or by inaction of the Administrator, may request, in writing, a hearing by the City of Roanoke Stormwater Board, provided a petition requesting such hearing is filed with the Administrator within thirty (30) days after notice of such action is given by the Administrator. (b) The Stormwater Board shall consist of the members of the City Planning Commission and shall meet and consider any appeal at a regularly scheduled public meeting of the City Planning Commission. All appeals shall be heard in a manner consistent with the conduct of regularly scheduled City Planning Commission public meetings. 721 (c) Hearings shall be held in accordance with section 62.1-44.15:45 of the Code of Virginia. (d) A verbatim record of the proceedings of such hearings shall be taken and filed with the Stormwater Board. Depositions may be taken and read as in actions at law. Sec. 11.6-501. Appeals. Any party aggrieved by any action taken pursuant to this chapter may seek a declaration of that party's rights pursuant to Article 17, Declaratory Judgments, of Title 8.01, Civil Remedies and Procedure, of the Code of Virginia. Such action shall be brought, if at all, in the Circuit Court for the City of Roanoke. Sec. 11.6-600. Enforcement — Civil Penalties. (a) Any person who violates any provision of this chapter or who fails, neglects, or refuses to comply with any order of the Administrator, shall be subject to a civil penalty not to exceed $32,500 for each violation within the discretion of the court. Each day of violation of each requirement shall constitute a separate offense. (1) Violations for which a penalty may be imposed under this subsection shall include but not be limited to the following: (i) No state permit registration; (ii) No SWPPP; (iii) Incomplete SWPPP; (iv) SWPPP not available for review; (v) No approved erosion and sediment control plan; (vi) Failure to install stormwater BMPs or erosion and sediment controls; (vii) Stormwater BMPs or erosion and sediment controls improperly installed or maintained; (viii) Operational deficiencies; (ix) Failure to conduct required inspections; (x) Incomplete, improper, or missed inspections; and (xi) Discharges not in compliance with the requirements of section 9VAC 25-880-70 of the Regulations. 722 (b) The Administrator may issue a summons for the collection of the civil penalty, and the action may be prosecuted in the appropriate court. - a (c) In imposing a civil penalty pursuant to this subsection, the court may consider the degree of harm caused by the violation and also the economic benefit to the violator from noncompliance. (d) Any civil penalties assessed by a court as a result of a summons issued by the City shall be paid into the treasury of the City to be used for the purpose of minimizing, preventing, managing, or mitigating pollution of the waters of the City and abating environmental pollution therein in such manner as the court may, by order, direct. (e) If the Administrator determines that there is a failure to comply with the Virginia Stormwater Management Program Authority Permit conditions or determines that there is an unauthorized discharge, notice shall be served upon the permittee or person responsible for carrying out the Virginia Stormwater Management Program Authority Permit conditions by any of the following: verbal warnings and inspection reports, notices of corrective action, consent special orders, and notices to comply. Written notices shall be served by registered or certified mail to the address specified in the Virginia Stormwater Management Program Authority Permit application or by delivery at the site of the development activities to the agent or employee supervising such activities. (1) The notice shall specify the measures needed to comply with the Virginia Stormwater Management Program Authority Permit conditions and shall specify the time within which such measures shall be completed. Upon failure to comply within the time specified, a stop work order may be issued in accordance with subsection (h) or the Virginia Stormwater Management Program Authority Permit may be revoked by the Administrator. (2) The notice shall specify a statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed, as well as a statement that the determination of violation may be appealed by filing a written notice of appeal within thirty (30) days of service of notice of violation. 723 (3) If a permittee fails to comply with a notice issued in accordance with this Section within the time specified, the Administrator may issue an order requiring the owner, permittee, person responsible for carrying out an approved plan, or the person conducting the land-disturbing activities without an approved plan or required Virginia Stormwater Management Program Authority Permit to cease all land-disturbing activities until the violation of the Virginia Stormwater Management Program Authority Permit has ceased, or an approved plan and required Virginia Stormwater Management Program Authority Permits are obtained, and specified corrective measures have been completed. Such orders shall be issued in accordance with the City's procedures. Such orders shall become effective upon service on the person by certified mail, return receipt requested, sent to his address specified in the land records of the City, or by personal delivery by an agent of the Administrator. However, if the Administrator finds that any such violation is grossly affecting or presents an imminent and substantial danger of causing harmful erosion of lands or sediment deposition in waters within the watersheds of the Commonwealth or otherwise substantially impacting water quality, it may issue, without advance notice or hearing, an emergency order directing such person to cease immediately all land- disturbing activities on the site and shall provide an opportunity for a hearing, after reasonable notice, as to the time and place thereof, to such person, to affirm, modify, amend, or cancel such emergency order. If a person who has been issued an order is not complying with the terms thereof, the Administrator may institute a proceeding for an injunction, mandamus, or other appropriate remedy in accordance with this chapter. (0 In addition to any other remedy provided by this chapter, if the Administrator, or the Administrator's designee, determines that there is a failure to comply with the provisions of this chapter, they may initiate such informal or formal administrative enforcement procedures in a manner that is consistent with the City's procedures. (g) Any person violating or failing, neglecting, or refusing to obey any rule, regulation, ordinance, order, approved standard or specification, or any Virginia Stormwater Management Program Authority Permit condition issued by the Administrator may be compelled in a proceeding instituted in the City of Roanoke Circuit Court by the City to obey same and to comply therewith by injunction, mandamus or other appropriate remedy. 724 (h) The stop work order shall be in effect until the City confirms that the land- disturbing activity is in compliance with the requirements of this chapter and the violation has been satisfactorily addressed. Upon failure to comply within the time specified, the Virginia Stormwater Management Program Authority Permit may be revoked and the applicant shall be deemed to be in violation of this chapter and upon conviction shall be subject to the penalties provided by this chapter. Sec. 11.6-601. Enforcement— Criminal Penalties. Any person who willfully or negligently violates any provision of this chapter, any regulation or order of the Board, any order of either a Virginia Stormwater Management Program authority authorized to enforce this chapter or the Department, any condition of a Virginia Stormwater Management Program Authority Permit or state permit, or any order of a court seeking to enforce this chapter, shall be guilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than $2,500.00 nor more than $32,500.00, either or both. Any person who knowingly violates any provision of this chapter, any regulation or order of the Board, any order of the Virginia Stormwater Management Program authority or of the Department, any condition of a Virginia Stormwater Management Program Authority Permit or --4111 state permit, or any order of a court issued as herein provided, or who knowingly makes any false statement in any form required to be submitted under this chapter or knowingly renders inaccurate any monitoring device or method required to be maintained under this chapter, shall be guilty of a felony punishable by a term of imprisonment of not less than one (1) year nor more than three (3) years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve (12) months and a fine of not less than $5,000.00 nor more than $50,000.00 for each violation. Any defendant who is not an individual shall, upon conviction of a violation under this subsection, be sentenced to pay a fine of not less than $10,000.00. Each day of violation of each requirement shall constitute a separate offense. Sec. 11.6-602. Enforcement— Restoration of Lands. (a) Any violator may be required to restore land to its undisturbed condition or in accordance with a notice of violation, stop work order, emergency order, or Virginia Stormwater Management Program Authority Permit requirements. (b) In the event that restoration is not undertaken within a reasonable time after notice, the City may take necessary corrective action, the cost of which shall be covered by the performance bond, or become a lien upon the property until paid, or both. 725 Sec. 11.6-603. Enforcement, Holds on Certificates of Occupancy. h. Certificates of occupancy (temporary or permanent) shall not be granted until the stormwater management features, including but not limited to, all storm drains, culverts, conveyances, and BMPs, have been installed according to the approved plans, inspected, as-built and accepted by the City. Sec. 11.6-700. Fees. (a) Fees to cover costs associated with implementation of a Virginia Stormwater Management Program related to land-disturbing activities and issuance of General Permit coverage and Virginia Stormwater Management Program Authority Permits shall be such as are prescribed, from time to time, by City Council and published in the City's Fee Compendium. When a site or sites has been purchased for development within a previously permitted common plan of development or sale, the Applicant shall be subject to fees in accordance with the disturbed acreage of the Applicant's site or sites according to the Fee Compendium, as adopted. (b) The fee for review of the storm water management plan shall accompany such plan when it is submitted for review and shall be such as is prescribed, from time to time, by City Council and published in the City's Fee Compendium. (c) Fees for the modification or transfer of registration statements from a General Permit issued by the State Board shall be such as are prescribed, from time to time, by City Council and published in the City's Fee Compendium. If the General Permit modifications result in changes to stormwater management plans that require additional review by the City, such reviews fees shall be as such as are prescribed, from time to time, by City Council and published in the City's Fee Compendium. The fee assessed shall be based on the total disturbed acreage of the site. In addition to the General Permit modification fee, modifications resulting in an increase in total disturbed acreage shall pay the difference in the initial Virginia Storm water Management Program Authority Permit fee paid and the Virginia Stormwater Management Program Authority Permit fee that would have applied for the total disturbed acreage such as are prescribed, from time to time, by City Council and published in the City's Fee Compendium. 726 (d) Annual Virginia Stormwater Management Program Authority Permit maintenance shall be imposed in accordance with the fee as such as are prescribed, from time to time, by City Council and published in the City's Fee Compendium, including fees imposed on expired permits that have been administratively continued. With respect to the General Permit, these fees shall apply until the Virginia Stormwater Management Program Authority Permit coverage is terminated. (e) General Permit coverage maintenance fees shall be paid annually to the City by the anniversary date of General Permit coverage. No permit will be reissued or automatically continued without payment of the required fee. General Permit coverage maintenance fees shall be applied until a Notice of Termination is effective. (1) The fees set forth in subsections (a) through (d), above, shall apply to: (1) All persons seeking coverage under the General Permit. (2) All permittees who request modifications to or transfers of their existing registration statement for coverage under a General Permit. (3) Persons whose coverage under the General Permit has been revoked shall apply to the Department for an Individual Permit for Discharges of Stormwater From Construction Activities. (4) VSMP Authority Permit and VSMP Authority Permit coverage maintenance fees may apply to each General Permit holder. (g) No General Permit application fees will be assessed to: (1) Permittees who request minor modifications to General Permits as defined in Section 11.6-101 of this chapter. Permit modifications at the request of the permittee resulting in changes to stormwater management plans that require additional review by the Administrator shall not be exempt pursuant to this section. (2) Permittees whose General Permits are modified or amended at the initiative of the Department, excluding errors in the registration statement identified by the Administrator or errors related to the acreage of the site. (3) Permittees whose permit is for a single-family detached residential structure, within or outside a common plan of development or sale. a 727 Sec. 11.6-800. Performance Bond. (a) Prior to issuance of any Virginia Stormwater Management Program Authority Permit, the Applicant may be required, at the City's discretion, to submit a performance bond with surety, cash escrow, letter of credit, any combination thereof, or such other legal arrangement acceptable to the City to ensure that measures could be taken by the City at the Applicant's expense should the Applicant fail, after proper notice, within the time specified to initiate or maintain appropriate actions which may be required of the Applicant by the Virginia Storm water Management Program Authority Permit conditions as a result of the Applicant's land-disturbing activity. If the City takes such action upon such failure by an Applicant, the City may collect from the Applicant for the difference should the amount of the reasonable cost of such action exceed the amount of the security held, if any. Within sixty (60) days of the completion of the requirements of the Virginia Stormwater Management Program Authority Permit conditions, such bond, cash escrow, letter of credit or other legal arrangement, or the unexpended or unobligated portion thereof, shall be refunded to the Applicant or terminated. (b) The project surety shall be approved by the City prior to plan approval. The applicant shall be notified of project surety requirements during the plan review process. (c) The amount of the installation performance security shall be the total estimated construction cost of the storm drainage systems and stormwater management facilities approved under the Virginia Stormwater Management Program Authority Permit, plus ten (10) percent as an allowance for administrative costs, inflation and damage to existing facilities. (d) The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain appropriate actions which may be required of the permittee in accordance with the approved stormwater management plan. (e) These requirements are in addition to all other provisions of the City's requirements relating to the issuance of such plans and are not intended to otherwise affect the requirements for such plans. (f) At the request of the permittee, at the completion of the requirements of the approved stormwater management plan in the form of as-built plans and certification documentation, such bond, cash escrow, letter of credit or - other legal arrangement, shall be refunded to the permittee or terminated. 728 (g) A final inspection by the City is required before the release of any a performance securities can occur. 3. This ordinance shall take effect July 1, 2014. 4. Pursuant to Section 12, Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED �f ATTEST:, \A • t.h. tat +04) C-AlrallMiasmms.11. Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 19th day of May, 2014. No. 39956-051914. A RESOLUTION amending the Fee Compendium to create new fees for issuing permits in connection with the Virginia Stormwater Management Program; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the following fees: Virginia Stormwater Management Program Permit Issuance Fees Single Family Residence $209.00 10,000 square feet- 5 acres $1,944.00 5 acres - 10 acres $2,448.00 10 acres - 50 acres $3,240.00 50 acres - 100 acres $4,392.00 100 acres+ $6,912.00 729 Virginia Stormwater Management Program Permit Maintenance Fee Single Family Residence $50.00 10,000 square feet- 5 acres $400.00 5 acres - 10 acres $500.00 10 acres - 50 acres $650.00 50 acres - 100 acres $900.00 100 acres+ $1,400.00 Virginia Stormwater Management Program Permit Modification or Transfer Fee Single Family Residence $20.00 10,000 square feet - 5 acres $200.00 5 acres - 10 acres $250.00 10 acres- 50 acres $300.00 50 acres - 100 acres $450.00 100 acres+ $700.00 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution will become effective July 1, 2014, and shall remain in effect until amended by this Council. APPROVED ATTEST: iti-Paaj-A-1 h- Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor p n r