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HomeMy WebLinkAbout39957-060214 - 40169-020215 1 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2014. No. 39957-060214. A RESOLUTION accepting Technology Trust Funds from the State Compensation Board in the amount of $81,969.00 (TTF Funds) for reimbursement of charges to be incurred by the Clerk of the Circuit Court for the City of Roanoke for converting certain public land records and other public records from microfilm format to digital format; approving the application process for the Funds, and authorizing the City Manager to execute the required agreements and documents necessary to accept such TTF Funds; and authorizing the City Manager to provide additional information, to take any necessary or required actions, and to execute any additional documents to obtain, accept, receive, implement, use, and administer such Funds, upon Certain terms and conditions. WHEREAS, the Clerk of the Circuit Court for the City of Roanoke is responsible for the recordation of various legal documents including land records; WHEREAS, the Circuit Court for the City of Roanoke, currently uses the Records Management System of the Supreme Court of Virginia (RMS) for imaging and retrieving current data related to land records; WHEREAS, prior to the implementation of RMS, the Clerk's Office of the Circuit Court for the City of Roanoke utilized a system which produced images of land records in microfilm and, in addition, a paper index; WHEREAS, staff of the Clerk's Office of the Circuit Court for the City of Roanoke and the general public use these land records in microfilm format or paper format and land records in microfilm format or paper are inefficient, obsolete, subject to damage, and costly to replace; WHEREAS, the Clerk of the Circuit Court for the City of Roanoke began converting land records to digital format to ensure availability of land records in-house and on-line in 2013; WHEREAS, the State Compensation Board has made the TTF Funds available through the Technology Trust Fund for reimbursement of costs incurred by the Clerk of the Circuit Court for the City of Roanoke to continue the conversion of such land records in the amount of$81,969.00, with a match from the Clerk of the Circuit Court for the City of Roanoke in the amount of$63,031.00, for a total of$145,000.00; and WHEREAS, the Clerk of the Circuit Court for the City of Roanoke recommends the application and acceptance of such Funds. 2 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council approves the application and acceptance for the TTF Funds as set forth in the City Council Agenda Report dated June 2, 2014, and authorizes the City Manager to execute any documents required by the State Compensation Board to apply for and accept such TTF Funds, which documents are to be approved as to form by the City Attorney. 2. City Council further authorizes the City Manager to provide additional information, to take any necessary actions, and to execute any additional documents required or necessary to obtain, accept, receive, implement, use, and administer such TTF Funds as referred to above, with such documents being approved as to form by the City Attorney. APPROVED ATTEST: srQ Stephanie Moon Reynolds, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of June, 2014. No. 39958-060214. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Compensation Board Technology Trust Fund for Supreme Court of Virginia fees for the digital conversion of land records in the Office of Circuit Court Clerk, amending and reordaining certain sections of the 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 Fees for Professional Services 01-120-2111-2010 $ 145,000.00 Revenues Clerk of Circuit Court 01-110-1234-0616 145,000.00 -. 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 Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2014. No. 39959-060214. AN ORDINANCE amending and reordaining Section 20-68, Time limitations on parking, of Division 1, Generally, Section 20-80, Permits — Generally, Section 20-82, Same-Transfer, of Division 2, Residential Parking Permits, Section 20-88, Duties of police officers and certain other employees, Section 20-89, Penalties for unlawful parking, Section 20-90, Immobilization of motor vehicles against which there are outstanding parking violations, and Section 20-91, Appeal of parking violations, of Division 3, Duties of police officers; penalties for unlawful parking, of Article IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, such amendments and additions to provide for the transfer of certain duties, enforcement, and collection of on-street parking violations from the City of Roanoke's Department of Finance to the City's contractor for parking management and operations; 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: Section 20-68, Time limitations on parking, of Division 1, Generally, Section 20-80, Permits — Generally, Section 20-82, Same-Transfer, of Division 2, Residential Parking Permits, Section 20-88, Duties of police officers and certain other employees, Section 20-89, Penalties for unlawful parking, Section 20-90, Immobilization of motor vehicles against which there are outstanding parking violations, and Section 20-91, Appeal of parking violations, of Division 3, Duties of police officers; penalties for unlawful parking, of Article IV, Stopping, Standing and Parking, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: *. * * 6 4 §20-68. Time limitations on parking. .-,. (a) It shall be unlawful for any person to cause or permit 'any vehicle registered in his or her name or operated or controlled by him or her to be in any parking space for a time period longer than that permitted by a controlling sign between the hours of 8:00 a.m. and 5:00 p.m. of any day, Sundays and legal holidays excepted. Within the meaning of this article, the word "holiday" shall include the following days only: January 1st, the third Monday in January, the third Monday in February, the last Monday in May, July 4th, the first Monday in September, the fourth Thursday in November, and December 25th. • * * §20-80. Permits –Generally. (a) Following the designation of a residential permit parking area by the city manager, the city treasurer the city manager or personnel serving under contract with the city shall issue annual residential parking permits for the area so designated. Each adult resident within the DSD will be allowed one (1) application. Permit parking areas outside the DSD will be limited to one (1) application from each household. * * * -S (e) Permits issued pursuant to this section shall not be transferable, except as provided in section 20-83, and may be revoked by the city treasurer manager or personnel serving under contract with the city in the event the city manager or personnel serving under contract with the city treasurer determines that the owner of the permit no longer resides in the designated area. Upon written notification of such revocation, the holder of the permit shall surrender such permit to the city manager or personnel serving under contract with the citytreasurer. * * * §20-82.Same—Transfer. Any vehicle owner who sells or otherwise transfers a vehicle permitted under the provisions of this division may have the permit thereon reassigned to another vehicle owned by the original permittee or household member. The city manager or personnel serving under contract with the city treasure shall allow such reassignment upon application to-him with the documentation required in section 20-80(b). • * * r 5 §20-88. Duties of police officers, and certain other employees, and personnel serving under contract with the city. Each police officer, Of such other city employees as the city manager may designate, or personnel serving under contract with the city, charged by the city with the duty of enforcing the sections of the preceding two (2) divisions of this chapter shall, upon finding a violation thereof, take the state license number of any vehicle in violation, and the length of time during which such vehicle is parked in violation of a provision of this chapter, and report the same to the police department, Of such other city department as determined by the city manager, or personnel sewing under contract with the city, and make a proper complaint touching such violation. Each such officer, or other employee, or personnel sewing under contract with the city, shall attach to such vehicle a written notice, upon form approved by the city manager, to the owner or operator thereof that the vehicle has been parked in violation of a specific provision of a section of the preceding two (2) divisions of this chapter. Such notice shall instruct the owner or operator when and where to report with reference to the violation. §20-89. Penalties for unlawful parking. (a) It shall be unlawful and shall constitute a parking violation, unless otherwise designated as a misdemeanor, for any person to violate any of the provisions of division 1 of this article. (b) Written notice will be issued by fferra a police officer, such other city employees that the city manager may designate, or personnel serving under contract with the city for violation of division 1 of this article and penalties. (1) Every person receiving written notice of a parking violation from a police officer, or such other city employees that the city manager may designate, or personnel serving under contract with the city, that he or she has violated any of the sections of division 1 of this article may waive his or her right to appear and be formally tried for the violation set forth in the notice upon the voluntary payment, as penalty and in full satisfaction of such violation, of the penalty set forth below. Such penalty shall be paid to the city treasurer or personnel serving under contract with the city, during the regular working hours of his the office or through any other method established by city council for the routine payment of such penalties. For purposes of this subsection, penalties shall be deemed to have been "paid" when full payment therefore has been received by the city treasurer or personnel serving under contract 6 with the city, regardless of whether such penalty is paid in person ,,% or is mailed. The city manager, city treasurer, and personnel serving under contract with the city, shall be authorized to accept partial payment of penalties and fees due. Whenever an envelope is used for transmitting any notice and payment by mail to the city treasurer or personnel serving under contract with the city, the responsibility for ensuring receipt of the envelope by the city treasurer or personnel serving under contract with the city shall be that of the person who received the notice of a parking violation. Penalties for parking violations shall be as follows: Column 1 Column 2 Column 3 Section Violation Penalty Penalty If paid within 15 days of the If paid after 15 days of the issuance by an officer, or such issuance by an officer, or such other city employees as the city other city employees as the city manager may designate, of a manager may designate, of a notice of violation notice of violation 20-65(3); 20-65(6); $20.00 $35.00 20-65(7); 20-65(10); 20-65(12); 20-65(13); 20-70; 20-72; 20-73 or ""� 20-75 20-65(14) or 20-68 Warning N/A .. First violation Ticket 20-65(14) or 20-68 20.00 35.00 Second violation, but the first violation on that calendar day 20-65(14) or 20-68 30.00 45.00 Second violation on the same calendar day 20-65(14) or 20-68 45.00 60.00 For the third or more violation on that calendar day 20-65(1); 20-65(2); 20.00 35.00 20-65(5); 20-65(8); 20-65(9); 20-66; 20- 67; or 20-71 20-65(15) 25.00 40.00 20-65(4) 50.00* 65.00 . 7 20-74 50.00 65.00 20-76(a) 125.00 140.00 20-76(b), 20-76(e) 25.00 40.00 Includes $30.00 processing fee. (2) If the applicable penalty listed in Column 2 is not paid within fifteen (15) days of the issuance by an officer, or such other city employees as the city manager may designate, of a notice of violation, then the applicable penalty listed in Column 3 shall apply. A late notice shall be sent by the city manager or personnel serving under contract with the city city's director of finance to the violator. Any violator to whom such late notice is sent may pay the applicable penalty listed in Column 3 above within fifteen (15) days of the date of such late notice. If the violator does not pay the penalty pursuant to such late notice and if the city elects to pursue enforcement of the unsettled parking violation notices through the courts, a law enforcement notice pursuant to section 46.2-941, Code of Virginia (1950), as amended, shall be sent by the city manager or personnel serving under contract with the city city's director of finance to the violator. ( c) Once the city has elected to pursue enforcement of the unsettled parking violation notices through the courts and has sent a law enforcement notice• - - - - - -, -' • • ' --- - - - • -• - - - - - - - - days of receipt of the law enforcement notice, or the clerk of the general notified of the failure to pay such penalty, in order that a summons be issued. (dc) In the event that the city treasurer, city manager, or personnel sewing under contract with the city is advised that any person desires to contest any parking citation, the city treasurer, city manager, or personnel serving under contract with the city shall transmit notice of such fact as soon as possible to the personnel sewing under contract with the city city's director of finance , which who shall certify such fact in writing, in an appropriate form, to the clerk of the general district court. 8 (e) -Every—person tried and convicted of a violation of section 20 69, except section 20 69 (i), shall be fined not more than twenty dollars ($20.00), inclusive of the penalty set forth above for a violation of this section. Un1es -vr der-e - • . . . • .. . -- , • •- •• - -et .ble, all fines and penalties arising under the section shall be paid into the city treasury. (#d) Every person tried and convicted of a violation of any section of division 1 of this article, except sections 20 69, 20-76 shall be fined not more than two hundred dollars ($200.00), which fine shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. (ge) Every person tried and convicted of a violation of section 20 69(i) section 20-76, except section 20-76(e) shall be fined not less than one hundred dollars ($100.00) and not more than five hundred dollars ($500.00), which fine shall be imposed in addition to the other penalties set forth above, which shall also be paid upon conviction. (ht) Every person tried and convicted of a violation of section 20-76(e) shall be fined twenty-five dollars ($25.00), inclusive of the penalty set forth above, for a violation of this section, which shall be paid upon conviction. win (ig) In any prosecution charging a violation of any section of this article or any ordinance of the city governing the standing or parking of a vehicle, proof that the vehicle described in the complaint, summons, parking ticket citation, or warrant was parked in violation of such section or ordinance, together with proof that the defendant was at the time the registered owner of the vehicle, as required by section 46.2-600 et seq., Code of Virginia, shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who committed the violation. (jh) As set forth in section 2-178.4 of the Code of the City of Roanoke (1979), as amended, an administrative fee may be applied to the total charges. §20-90. Immobilization of motor vehicles against which there are outstanding parking violations. (a) Any motor vehicle parked on a public highway or public ground against which there are three (3) or more unpaid or otherwise unsettled parking violation notices may be immobilized in a manner which will prevent its removal or operation except by authorized law enforcement personnel. 9 (b) The immobilization of the vehicle pursuant to this section shall be by or under the direction of an officer or employee of the police department, Of such other employee as the city manager may designate, or personnel serving under contract with the city, provided that any such immobilization by an employee other than an employee of the police department, shall be done by, or under the direction of, an officer or employee of the police department. (c) The law enforcement officer, er—employee, or personnel serving under contract with the city immobilizing the motor vehicle, or directing the immobilization, shall inform as soon as practicable the owner of the immobilized vehicle of the nature and circumstances of the unsettled parking violation notices for which the vehicle was immobilized. * §20-91. Appeal of parking violations. Any person issued a parking citation for any violation under this article, may appeal such citation, by filing an administrative appeal with the city manager, OF his or her deOigne° or personnel serving under contract with the city, or by initiating an appeal with the general district court, such appeal to be initiated through the city department designated by the city manager or personnel serving under contract with the city, no later than ninety (98) sixty (60) days from the issuance of such citation. * 2. This ordinance shall be in full force and effect as of July 1, 2014. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynold , MC David A. Bowers City Clerk Mayor 10 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2014. No. 39960-060214. A RESOLUTION concurring in the recommendations of the Human Services Advisory Board ('Board") for allocation of City funds to various qualified agencies to assist such agencies in the performance of their programs for Fiscal Year 2014 - 2015, and authorizing the City Manager or his designee to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all the funded programs by such agencies. WHEREAS, the Fiscal Year 2014 - 2015 budget approved by City Council for the Board provides for funding in the amount of$409,052.00 to certain qualified agencies; WHEREAS, in order to obtain an allocation for such funds, it was necessary for agencies to file applications with the Board; WHEREAS, requests for City funding in the total amount of $613,389.00 were received by the Board from thirty-two (32) agencies to assist in funding a total of forty- one (41) programs; WHEREAS, after studying each application and holding allocation meeting - hearings, the Board has recommended allocations of funding to certain applicant agencies for Fiscal Year 2014 - 2015; and WHEREAS, performance audits are to be conducted for each agency receiving funds through the Board to evaluate the effectiveness and efficiency of such funded programs. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council concurs in the recommendations of the Human Services Advisory Board as to the allocations for funding of various qualified agencies for Fiscal Year 2014 - 2015 as more particularly set forth in the City Council Agenda Report dated June 2, 2014, and the attachment to that report. .. a 11 2. The City Manager or his designee is authorized to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all funded programs by such agencies; all such contracts to be approved as to form by the City Attorney. APPROVED ATTEST: Wtnikran) SpQrStmasowark Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2014. No. 39961-060214. AN ORDINANCE to transfer funding to specific Human Services Committee agencies, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: Appropriations Subsidies 01-630-5220-3700 $(409,052.00) Bradley Free Clinic-Medical 01-630-5220-3721 15,000.00 League of Older Americans—Meals on 01-630-5220-3722 35,000.00 Wheels Bethany Hall-Residential Substance Abuse 01-630-5220-3728 5,000.00 Treatment TRUST—Emergency and Transitional 01-630-5220-3740 5,000.00 Housing West End Center 01-630-5220-3745 25,000.00 Roanoke Adolescent Health Partnership 01-630-5220-3767 15,000.00 Greenvale School 01-630-5220-3780 16,000.00 Blue Ridge Independent Living Center 01-630-5220-3781 5,000.00 Mental Health Association of Roanoke 01-630-5220-3784 5,250.00 Valley Planned Parenthood of the Blue Ridge 01-630-5220-3795 12,000.00 12 St. John's Community Youth Program 01-630-5220-3797 15,000.00 , Presbyterian Community Center-Pathways 01-630-5220-3801 15,000.00 for Youth Children's Advocacy Center—Parent 01-630-5220-3915 10,000.00 Education Apple Ridge Farm 01-630-5220-3917 12,000.00 Children's Trust-Children's Advocacy 01-630-5220-3918 10,000.00 Center Family Service-ACTION 01-630-5220-3919 20,300.00 Salvation Army—Red Shield Lodge 01-630-5220-3930 5,000.00 Family Service—Family & Individual 01-630-5220-3921 5,000.00 Counseling Family Service-Adults Plus 01-630-5220-3922 12,000.00 Blue Ridge Legal Services 01-630-5220-3923 21,002.00 Big Brothers/Big Sisters of SWVA 01-630-5220-3925 5,000.00 Goodwill Industries of the Valleys, Inc. 01-630-5220-3926 5,000.00 Roanoke Valley Interfaith Hospitality 01-630-5220-3927 6,500.00 Network Salvation Army—Turning Point 01-630-5220-3929 17,000.00 CHIP-Family Strengthening Program 01-630-5220-3932 20,000.00 CHIP—Care Coordination Program 01-630-5220-3933 25,000.00 ,,,,. Council of Community Services—Monitoring 01-630-5220-3940 Services 12,000.00 , a Bradley Free Clinic -Dental 01-630-5220-3958 15,000.00 United Way of Roanoke Valley-Smart 01-630-5220-3972 19,600.00 Beginnings Blue Ridge Literacy 01-630-5220-3990 5,400.00 Council of Community Services—Blue 5,000.00 Ridge Community Assistance Network 01-630-5220-3991 New Horizons Healthcare 01-630-5220-5455 10,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Att At.,saL))71. Inth%140-taKtd 1/4S) Q:941maP"..- Stephanie M. Moon olds, MMC David A. Bowers City Clerk Mayor 13 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2014. No. 39962-060214. A RESOLUTION concurring with and approving the recommendations of the Roanoke Arts Commission's ("Arts Commission") allocation of City funds to various nonprofit agencies for Fiscal Year 2014 - 2015. WHEREAS, the Fiscal Year 2014 - 2015 budget approved by City Council for the Roanoke Arts Commission provides for funding in the amount of $269,220.00, including $1,220.00 that was set aside for the Arts Commission funding; WHEREAS, in order for nonprofit agencies to obtain an allocation for such funds, it was necessary for such agencies to file applications with the Arts Commission Agency Funding Advisory Committee ("Committee"); WHEREAS, requests for City funding in the total amount of $395,519.00 were received by the Committee from twenty one (21) agencies; and WHEREAS, after studying each application and holding rating and allocation meetings, the Committee recommended, and the Arts Commission approved, allocation of funding in the amount of $269,220.00 to such agencies and the Arts Commission for Fiscal Year 2014 - 2015, subject to City Council approval. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke thatCouncil concurs with and approves the recommendations of the Roanoke Arts Commission's allocations for funding in the amount of $269,220.00 for various nonprofit agencies for Fiscal Year 2014 - 2015 and the Arts Commission, as more particularly set forth in the City Council Agenda Report dated June 2, 2014, to Council, and the attachment to that report. APPROVED ATTEST: l^ Stephanie M. Moon eynol s, MMC David A. Bowers City Clerk Mayor r . 14 WIN IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of June, 2014. No. 39963-060214. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Subsidies 01-310-5221-3700 (269,220.00) Local Colors 01-310-5221-2276 23,000.00 Virginia Museum of Transportation 01-310-5221-3714 25,000.00 Roanoke Symphony Society 01-310-5221-3736 29,000.00 Mill Mountain Theatre 01-310-5221-3749 8,000.00 Opera Roanoke 01-310-5221-3762 20,000.00 oat Science Museum of Western Virginia 01-310-5221-3774 18,000.00 Historical Society of Western Virginia 01-310-5221-3776 11,000.00 `' Roanoke Ballet Theatre 01-310-5221-3779 7,000.00 Southwest Virginia Ballet 01-310-5221-3794 9,000.00 Taubman Museum 01-310-5221-3910 29,000.00 Harrison Museum/African-American 01-310-5221-3913 Culture 23,000.00 Jefferson Center Foundation LTD 01-310-5221-3944 30,000.00 Roanoke Arts Commission 01-310-5221-3961 1,220.00 Community High School 01-310-5221-3972 5,000.00 Grandin Theatre 01-310-5221-3973 6,000.00 Eleanor D. Wilson Museum 01-310-5221-3975 10,000.00 Roanoke Children's Theatre 01-310-5221-3984 8,000.00 Roanoke Valley Reads 01-310-5221-3987 7,000.00 15 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: AT Stephanie M. Moon Reynolds, C David A. Bowers City Clerk Mayor r , 16 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39964-061614. A RESOLUTION accepting the FY2013 - 2014 Local Emergency Management Performance Grant (LEMPG) 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 FY2013 - 2014 Local Emergency Management Performance Grant (LEMPG) offered by the Virginia Department of Emergency Management (VDEM) in the amount of $53,387.00, with a required local match from the City of Roanoke in the amount of $53,387.00, for a total award of $106,774.00, to be used to support the emergency management activity, which will include the Emergency Manager's salary, planning and vehicle. The grant is more particularly described in the City Council Agenda Report dated June 16, 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: l Stephanie M. Moon ReybSi s, C Court G. Rosen City Clerk Vice-Mayor Alt 17 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39965-061614. AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, Section 20-131, Definition, aqe of operation, Division 1, Generally, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, and Section 20-159, Law Enforcement Officers, Division 3, Operation, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 20-131, Definition, aqe of operation, Division 1, Generally, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Chapter 20, Motor Vehicles and Traffic Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles Division 1, Generally Sec. 20-131. Definition, aqe of operation. [The following terms, as used in this chapter, shall have the meanings as herein described below] All-terrain vehicle means a motor vehicle having three or more wheels that is powered by a motor and is manufactured for off-highway use. "All- terrain vehicle" does not include four-wheeled vehicles commonly known as "go-carts" that have low centers of gravity and are typically used in racing on relatively level surfaces, nor does the term include any riding lawn mower. Bicycle means any device propelled solely by human power, having pedals, two (2) or more wheels, and a seat height of more than twenty-five (25) inches from the ground when adjusted to its maximum height (a recumbent device shall be deemed a bicycle regardless of seat height). 18 Electric personal assistive mobility device means a self-balancing two- nontandem-wheeled device that is designed to transport only one person and powered by an electric propulsion system that limits the device's maximum speed to fifteen (15) miles per hour or less. For purposes of this article, an electric power assistive mobility device shall be a vehicle when operated on a street. Electric power-assisted bicycle means a vehicle that travels on not more than three wheels in contact with the ground and is equipped with (i) pedals that allow propulsion by human power and (ii) an electric motor with an input of no more than one thousand (1,000) watts that reduces the pedal effort required of the ride. For purposes of this article, an electric power-assisted bicycle shall be a vehicle when operated on a street. Moped means every vehicle that travels on not more than three (3) wheels in contact with the ground that has (i) a seat that is no less than twenty- four (24) inches in height, measured from the middle of the seat Noma perpendicular to the ground; and (ii) a gasoline, electric, or hybrid motor that displaces less than fifty (50) cubic centimeters. For purposes of this article, a moped shall be a vehicle when operated on a street. No person under the age of sixteen (16) years shall operate a moped on any street in the city. 2. Section 20-159, Law Enforcement Officers, Division 3, Operation, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Chapter 20, Motor Vehicles Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles Division 3, Operation Sec. 20-159. Law enforcement officers. (a) Any law enforcement officer of the city, operating a bicycle, electric power-assisted bicycle, all-terrain vehicles or moped during the course of his or her duties, shall be exempt from the provisions of this division. 19 (b) Any bicycle, electric power-assisted bicycle, all-terrain vehicles or moped being operated by a law enforcement officer of the city, during the course of his or her duties, shall be deemed to be a law- enforcement vehicle and shall have the same rights and privileges as any other law-enforcement vehicle when the bicycle, all-terrain vehicles or moped is being operated in response to an emergency call, while engaged in rescue operations or in the immediate pursuit of an actual or suspected violator of the law. 3. This Ordinance shall become effective on July 1, 2014. 4. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: y u- Stephanie M. Moon Reynolds, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16"' day of June, 2014. No. 39966-061614. AN ORDINANCE amending and reordaining Chapter 20, Motor Vehicles and Traffic, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Division 2, Registration, of the Code of the City of Roanoke, Virginia (1979), as amended, by amending Section 20 -135, Required for Mopeds; repealing Sections 20 -136 through 20-145; and amending Section 20-146, Impoundment of Abandoned or Unregistered Electric Power-Assisted Bicycles and Mopeds, and Section 20-147, Impoundment of Unregistered Mopeds; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 20 -� 1. Section 20-135, Required for Mopeds, Division 2, Registration, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke, Virginia (1979), as amended, is amended and reordained to read and provide as follows: Sec. 20-135. Required for mopeds. It shall be unlawful for any person who resides in the city to operate or use a moped upon any of the streets of the city, or for any parent or guardian to allow any person under the age of eighteen+1-8-)sixteen (16) years, who resides in the city, to operate or use a moped upon any of the streets of the city unless such moped has been properly registered - •- -.• - . : .'s -:with the Virginia Department of Motor Vehicles. 2. Chapter 20, Motor Vehicles and Traffic, Division 2, Registration, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, of the Code of the City of Roanoke, Virginia (1979), as amended, is hereby amended by the repeal of Section 20- 136, When due, Section 20-137, Application, Section 20-138, Fees, Section 20-139, Issuance of Card, Taq, Section 20-140, Display of Taq, Section 20-141, Change in '•" Frame Number, Section 20-142, Records, Section 20-143, Lost or Mutilated Number Plates or Tags, Section 20-144, Transfer Generally, Section 20-145, Transfer of Ownership, Division 2, Registration, Article VII, Mopeds, Bicycles and Electric Power- Assisted Bicycles, as follows: Sakie meta "1 21 Ses-20 138. Fees. x- (1) moped to another, there shall be paid the . . " •,_!! . -- • the city treasure-; . x- . : -- . - ,- - " .•5 . _ - - this article. provided by the city . a . • - - se - _ • - ' c 20 +.2 r,_____ • designee may prescribe, '- - - • - 22 -- Sec. 20 143. Lost-or-mutilated-number plates-or--tags. When me e . - e . e e_t • - - e , - • - •• _ - •. .• - "e e- e . •e . e e• - e -. - • • • ch fact being e• - - •- or his-or-Mc clec;gnsethJef _petice__shall_iscue another - .. . -•- •- -' •-of_such-moped-accord+ngly. S.,c,20?44• y� T '^sr— .. .ally. for any person to - . _• - - • - _ - - provisions of this article to--any—moped other than the one for which the same was issued: another, the same .hall be reported to the chief of police or his or her designee, a 3. Section 20-146, Impoundment of Abandoned or Unregistered Electric Power-Assisted Bicycles and Mopeds, Division 2, Registration, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke, Virginia (1979), as amended, is amended and reordained to read and provide as follows: Sec. 20-1436. Impoundment of abandoned or unregistered electric power-assisted bicycles and mopeds. (a) Any moped found without a number plate or tag issued by the Virginia Department of Motor Vehicles in accordance with-pursuant-to section 20- 1395 of this article and unattended shall be deemed abandoned. If a reasonable attempt to locate the owner or user in the immediate vicinity of the moped fails to produce such owner or user, any moped so abandoned shall be taken into custody and impounded by the chief of police or any officer of the police department. . a 23 4. Section 20-147, Impoundment of Unregistered Mopeds, Division 2, Registration, Article VII, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke, Virginia (1979), as amended, is amended and reordained to read and provide as follows: Sec. 20-1437. Impoundment of unregistered mopeds. (a) When any police officer or other officer charged with the duty of enforcing this article shall discover any unregistered moped in any public place in the possession or control of any person, the officer may take custody of such moped and impound the same. Any moped so impounded shall be released only upon a satisfactory showing of ownership, payment of five dollars ($5.00) for storage charges, and proper registration and display of a tag or number plate by the owner or an agent of the owner. 5. This Ordinance shall take effect July 1, 2014. 6. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: YvtevA Stephanie M. Moon Reynolds, MC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39967-061614. A RESOLUTION authorizing execution of an Agreement with Carilion Property Management in connection with the use of 6 Riverside Parking Garage during the 2014 Roanoke GO Outside Festival. 24 BE IT RESOLVED by the Council of the City of Roanoke that the City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, upon form approved by the City Attorney, an Agreement for the use of 6 Riverside Parking Garage from 5:00 p.m. on Friday, October 17, 2014, until 5:00 p.m. on Sunday, October 19, 2014, in connection with the Roanoke GO Outside Festival, such Agreement including a hold harmless and indemnification clause requiring the City of Roanoke to indemnify and hold harmless Carilion Property Management under certain circumstances, all of which is set out in the City Council Agenda Report dated June 16, 2014. APPROVED ATTEST: 44-11e6etai/hi )101),Nettu-etad Se4- Stephanie M. Moon eynolds, MMC Court G. Rosen City Clerk sen Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39968-061614. Employer Contribution Rates for Counties, Cities, Towns, School Divisions and Other Political Subdivisions (In accordance with the 2014 Appropriation Act Item 468(H)) RESOLUTION BE IT RESOLVED, that the City of Roanoke/55217 does hereby acknowledge that its contribution rates effective July 1, 2014 shall be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(1) resulting from the June 30, 2013 actuarial value of assets and liabilities (the "Certified Rate"); and BE IT ALSO RESOLVED, that the City of Roanoke/55217 does hereby certify to the Virginia Retirement System Board of Trustees that it elects to pay the following contribution rate effective July 1, 2014: i 25 (Check only one box) © The Certified Rate of 17.55% ❑ The Alternate Rate of 14.04%; and BE IT ALSO RESOLVED, that the City of Roanoke/55217 does hereby certify to the Virginia Retirement System Board of Trustees that it has reviewed and understands the information provided by the Virginia Retirement System outlining the potential future fiscal implications of any election made under the provisions of this resolution; and NOW, THEREFORE, the officers of the City of Roanoke/55217 are hereby authorized and directed in the name of the City of Roanoke on behalf of the Roanoke City Sheriffs Office to carry out the provisions of this resolution, and said officers of the City of Roanoke are authorized and directed to pay over to the Treasurer of Virginia from time to time such sums as are due to be paid by the City of Roanoke for this purpose. `- o Vice-Mayor Court G. Rosen CERTIFICATE I, Stephanie M. Moon Reynolds, Clerk of the City of Roanoke, certify that the foregoing is a true and correct copy of a resolution passed by the City Council for the City of Roanoke and ratified by the City of Roanoke at a lawfully organized meeting of the City Council of the City of Roanoke held at 215 Church Avenue, S. W. Roanoke, Virginia at o'clock on June 16, 2014. Given under my hand and seal of the City of Roanoke this day of , 2014. Clerk APPROVED ATTEST: • nn Stephanie M. Moon Reynoldds,,� Court G. Rosen City Clerk Vice-Mayor A ^ v - 26 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39969-061614. AN ORDINANCE amending and reordaining Article V, Membership, Section 22.3-28(e), Membership generally, Section 22.3-31(a), Restoration of beneficiaries to membership, Article VI, Creditable Service, Division 2, ESRS Service, Section 22.3-38(a), Portability, Section §22.3-39(b)(2), and Section 22.3-39(e), Purchase of service, Article IX, Payment of Benefits, Division 1, General, Section 22.3- 61, Retirement supplement, and Article IX, Payment of Benefits, Division 2, ESRS, Section §22.3-62.1(c), Refund of accumulated contributions before retirement; certain sections of Chapter 22.3, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: PINS 1. Section 22.3-28(e), Membership generally, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 22.3-28. Membership generally. * * * (e) A member of the city plan may earn a benefit from only one (1) system; provided however, such member may have a frozen retirement allowance attributable to creditable service prior to a reemployment determined under a different benefit formula. 2. Section 22.3-31(a), Restoration of beneficiaries to membership, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 22.3-31. Restoration of beneficiaries to membership. (a) Should a disability beneficiary under normal retirement age be restored to or be in service at a compensation equal to or greater . . than his average final compensation at retirement (adjusted by any cost of living adjustments granted since his last day of service), or should any other beneficiary be restored to service prior to his 27 normal retirement age, his pension shall cease and he shall become a member of ESRS. Anything in this chapter to the contrary notwithstanding, any prior service certificate on the basis of which his creditable service was computed at the time of his retirement shall be restored to full force and effect and he shall be credited with all creditable service as a member standing to his credit at the time of his retirement; provided, however, that upon his subsequent retirement, the pension shall be reduced by the actuarial equivalent of any pension payments previously paid to him for reasons other than disability retirement; and further provided, that his pension attributable to his creditable service prior to his reemployment upon subsequent retirement shall be no less than the sum of his previous pension plus the amount computed on the basis of his creditable service and earnable compensation for the period after his restoration. Notwithstanding the foregoing, if such restoration of service occurs after June 30, 2014, he shall be treated as a new member and a person who becomes a member after June 30, 2014; except that prior creditable service shall be restored in accordance with section 22.3-35 and for the limited purpose described therein. 3. Section 22.3-38, Portability, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 22.3-38. Portability. (a) The board may enter into an agreement with the Virginia Retirement System (VRS) or another political subdivision of the commonwealth having a defined benefit plan which is not supplemental to the Virginia Retirement System, whereby any vested ESRS member may be granted creditable service, as determined by the board, for service rendered with the VRS or with another political subdivision upon the transfer of assets pursuant to the agreement and in accordance with the procedures established by the board. In no event will creditable service be granted in excess of the actual service rendered with the VRS or other political subdivision. 28 �- 4. Section 22.3-39(b)2 and Section 22.3-39(e), Purchase of Service, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Sec. 22.3-39. Purchase of service. (2) Service with the city in a grant position prior to July 1, 2000. The member must pay an amount equal to a percentage of the member's present annualized earnable compensation or his average final compensation during his thirty-six (36) or sixty (60) highest consecutive months of creditable service (as determined pursuant to section 22.3-42). The percentage of present earnable compensation or average earnable compensation, whichever is greater, to be charged shall be determined by the city plan's actuary based on reasonable factors and assumptions approved by the board of trustees intended to reflect the actual cost to the city plan of the benefit to be provided as a result of the purchased service. If the member does not pay the entire amount required, the member's actual creditable service shall be prorated on a linear basis. Notwithstanding the foregoing, if the member does not pay the entire amount required due to the member's death while an employee and such member does not have sufficient creditable service to be entitled to a death benefit under section 22.3-67, then the amount paid by the member to purchase service shall be refunded to the member's spouse or if none, to the member's estate as soon as possible following the date of the member's death. (e) In lieu of the purchase by salary reduction election as described in subsection (d) or in addition thereto, the city plan shall accept a direct trustee-to-trustee transfer of a lump sum in cash from a plan established pursuant to Section 457(b) of the Internal Revenue Code of 1986, as amended by a governmental employer or a plan or program established pursuant to Section 403(b) of the Internal Revenue Code of 1986, as amended as payment by a member for the purchase of creditable service described in subsection (b). Creditable service purchased with the lump sum shall be determined by dividing the lump sum by the applicable percentage described in subsection (b) multiplied by the greater of the ., member's present annualized earnable compensation or his average final compensation during his thirty-six (36) or sixty (60) highest consecutive months of creditable service (as determined 29 pursuant to section 22.3-42). Creditable service available for purchase that is not purchased using the procedure described in this subsection, may be purchased using the procedure described in subsection (d). 5. Section 22.3-61, Retirement supplement, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 22.3-61. Retirement supplement. Any member of the city plan who is an employee of a participating employer (not including employees of the City of Roanoke School Board), and who retires or who has retired after earning twenty (20) or more years of creditable service, but prior to attaining the age of sixty-five (65), shall be paid a monthly supplement of the greater of one hundred fifty-nine dollars ($159.00) or an amount equal to seventy-five percent (75%) of the amount the City of Roanoke contributes monthly toward the cost of a single active employee's health insurance, as such contribution may be changed from time to time, commencing with the first month of retirement and terminating with the month in which the member attains age sixty-five (65). This supplement shall not be subject to any cost of living adjustment which may be provided under the city plan. This supplement shall be a personal benefit applicable to an eligible member only without any right of survivorship. Upon the death of a member who is receiving such benefit, the monthly payment shall be made for the month of such member's death and shall terminate with the next succeeding month. This benefit shall not be applicable to retirees receiving the early retirement incentive plan supplement granted in 1991. Notwithstanding, the retirement supplement shall not be paid to a person who is hired or rehired as an eligible employee after June 30, 2013, unless such person had twenty (20) or more years of service prior to termination of employment that occurred prior to July 1, 2013. In addition, the board shall permit other members (including those who had twenty (20) or more years of service prior to termination of employment that occurred prior to July 1, 2013) employed by a participating employer that elects to participate in the 401(h) account to make an irrevocable election to forego entitlementd to the supplement under procedures established by the board. 6. Section 22.3-62.1, Refund of accumulated contributions before retirement, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: 30 -� Sec. 22.3-62.1. Refund of accumulated contributions before retirement. -(c) Any member who receives a refund shall no longer be entitled to any benefits under the city plan.- attributable o h a June 30, 201'l. • • - • . . - • . • . - ••••. - - •• •• --en—Jane 30, 201/1, for purposes of 7. This ordinance shall be in full force and effect upon its passage. 8. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 1/1",ra5 11•^Mt Stephanie M. Moon Reynolds, M� Court G. Rosen . a City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 16th day of June, 2014. No. 39970-061614. Local Governing Body Concurrence with School Division Electing to Pay the VRS Board-Certified Rate (In accordance with the 2014 Appropriation Act Item 468(H)) Resolution BE IT RESOLVED, that the City of Roanoke/55617 does hereby acknowledge that the Roanoke City Public Schools has made the election for its contribution rate to be based on the employer contribution rates certified by the Virginia Retirement System Board of Trustees pursuant to Virginia Code § 51.1-145(1) resulting from the June 30, 2013 actuarial value of assets and liabilities (the "Certified Rate"); and 31 BE IT ALSO RESOLVED, that the City of Roanoke/55617 does hereby certify to the Virginia Retirement System Board of Trustees that it concurs with the election of the School Board of the City of Roanoke to pay the Certified Rate, as required by Item 468(H) of the 2014 Appropriation Act; and NOW, THEREFORE, the officers of City of Roanoke/55617 are hereby authorized and directed in the name of the City of Roanoke to execute any required contract to carry out the provisions of this resolution. In execution of any such contract which may be required, the seal of the City of Roanoke, as appropriate, shall be affixed and attested by the Clerk. Vice-Mayor Court G. Rosen CERTIFICATE I, Stephanie M. Moon Reynolds, Clerk of the City of Roanoke, certify that the foregoing is a true and correct copy of a resolution passed by the City Council for the City of Roanoke and ratified by the City of Roanoke at a lawfully organized meeting of the City Council of the City of Roanoke held at 215 Church Avenue, S. W. Roanoke, Virginia at o'clock on June 16, 2014. Given under my hand and seal of the City of Roanoke this day of , 2014. Clerk APPROVED ATTEST: Stephanie M. Moon Rey olds, MMC Court G. Rosen City Clerk Vice-Mayor 32 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39971-061614. 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 Teachers 302-160-0000-1305-335H-61100-41121-9-07 $ 180.00 Social Security 302-160-0000-1305-335H-61100-42201-9-07 13.00 GED Testing 302-160-0000-1305-335H-61100-45584-9-07 1,756.00 ... Revenues State Grant 302-000-0000-0000-335H-00000-32298-0-00 1 ,949.00 Receipts Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: y "14C/A - Stephanie M. Moon Reynolds, MMC Court G. Rosen City Clerk Vice-Mayor .00 sl 33 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39972-061614. A RESOLUTION electing and appointing Barbara A. Dameron as Director of Finance for the City of Roanoke, and ratifying the terms and conditions of employment as offered to Ms. Dameron. WHEREAS, the City Council desires to elect and appoint Barbara A. Dameron as Director of Finance pursuant to the Roanoke Charter of 1952; and WHEREAS, Ms. Dameron has agreed to accept election and appointment as Director of Finance. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Barbara A. Dameron is hereby elected and appointed as Director of Finance of the City of Roanoke effective 12:01 a.m. on July 22, 2014, or as soon thereafter as Ms. Dameron can assume such position, for a term which shall expire September 30, 2014. 2. The terms and conditions of Ms. Dameron's election and appointment as Director of Finance shall be as hereinafter set forth: (a) The annual salary shall be $120,000.00 ($4,615.38 biweekly); (b) After completion of six months employment, the City shall pay on behalf of Ms. Dameron, as deferred compensation, the sum of $2,000.00 each quarter to the City's deferred compensation plan for Ms. Dameron's participation in said deferred compensation plan, and the City shall execute any necessary agreements to provide for such payment. During the first year of employment, such amount shall be prorated based on the number of weeks actually worked; (c) Ms. Dameron will be eligible, as a full time employee, to participate in the Roanoke Pension Plan in accordance with the terms of that plan; 34 (d) Recognizing that the job requirements of the Director of Finance routinely require incurring of travel related expenses in the course of City business, an annual salary increment of $2,500.00 shall be provided for use by Ms. Dameron of a privately-owned or leased automobile in the conduct of official City business; (e) Unless the City provides Ms. Dameron with a cell phone, the City will provide Ms. Dameron with a monthly stipend, pro-rated for partial months, consistent with City policies to help off-set charges associated with use of his personal cell phone; (f) The City will put into force on Ms. Dameron's behalf a disability insurance policy consistent with that available to other Council appointed officers; (g) Ms. Dameron shall receive reimbursement for two (2) house- hunting and resettlement trip expenses; (h) The City will reimburse Ms. Dameron for her moving expenses through payroll reimbursement, in an amount not to exceed $3,000.00, with all necessary documentation; (i) Ms. Dameron will be eligible, as a full time employee, to participate in the City's group medical and dental plan. The City shall pay the employer's portion of the premium; (j) Ms. Dameron shall start her employment with one week (40 hours) of paid leave and thereafter shall accrue paid leave (12 hours per month) at the rate of an employee who has completed one full year of service with the City. Thereafter, her accrual and use of paid leave will be in accordance with City policy; (k) With respect to all other benefits and terms and conditions of employment not specifically enumerated in this resolution, Ms. Dameron shall be accorded the same benefits, and shall be subject to such terms and conditions on the same basis as other similarly situate employee of the City. 35 3. Ms. Dameron will make arrangements to qualify for office by taking the required Oath of Office as soon as practicable. APPROVED ATTEST: Alt94[n 4.24 ii • 1'011 /Pr Stephanie M. Moon Reynolds, MC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39973-061614. A RESOLUTION memorializing the late Albert Byron Smith, a longtime resident of Roanoke; WHEREAS, the members of Council learned with sorrow of the passing of Mr. Smith on Monday, February 24, 2014; WHEREAS, Mr. Smith was born on February 10, 1919 in Danville, Virginia, the only child of Major and Mary Smith, and the grandson of King Solomon and Sally Logan, both of whom were former slaves; WHEREAS, Mr. Smith received his education from the Danville City Public Schools,-University of Virginia (Accounting and Business Principles), Roanoke College (Tax Courses) and Real Estate Continuing Education Courses; WHEREAS, Mr. Smith served his country (1941 - 1945) as a U.S. Army Platoon leader seeing combat in France, Italy, and Germany, after which he was honorably discharged from the military; WHEREAS, Mr. Smith joined High Street Baptist Church in 1947 and remained a faithful member, serving as a deacon and in numerous other capacities in his church; 36 -� WHEREAS, Mr. Smith was employed from 1937 to 1954 as Assistant District Manager of Virginia Mutual Benefit Life Insurance Company-Richmond; founded A. Byron Smith Oil Company and a real estate company in 1954; and began his bonding business in 1959; WHEREAS, during the Civil Rights era, Mr. Smith joined Roanoke's "Bi-Racial Committee" which worked to desegregate Roanoke businesses in a nonviolent manner in 1960; WHEREAS, Mr. Smith led a fight to get the City to close the landfill in northwest Roanoke where Washington Park is now located; WHEREAS, Mr. Smith was also an integral influence and leader in the merger of the William A. Hunton YMCA (favored by the Black community and named after the first black YMCA director of the United States), with the Central YMCA downtown; WHEREAS, Mr. Smith participated in numerous civic activities which included serving as a member of the Jefferson Club, the NAACP, the Roanoke Area Ministries Board, and the Salvation Army Board, and collaborated with The Roanoke Times reporter Mary Bishop on an article titled, "He Has Overcome;" WHEREAS, Mr. Smith was the recipient of the Roanoke Valley Business League, National Brotherhood Citation; Dr. M. L. King, Jr. Drum Major for Justice Award, 2005; Community Humanitarian Award; and Honorary Doctorate Degree from Bethlehem Bible College; WHEREAS, A. Byron Smith has been a household name throughout the Roanoke Valley for well over a half century; and WHEREAS, with God as his guide, directing his steps, Mr. Smith lived ninety-five productive and meaningful years, and was fond of saying he was "doing better than I deserve." 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 Albert Byron Smith, and extends to his family its sincerest condolences. AO 37 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Smith's daughters, Geneva (Godfrey) Miller, of Cincinnati, Ohio, and Shmura (John Jr.) Glenn, Crystal (Ellis Holmes) Castle, and Anita (Clifton) Dungee, all of Roanoke, Virginia. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39974-061614. A RESOLUTION memorializing the late Owen Matthew Grogan, Jr., who recently retired as the Games Director of Virginia Amateur Sports; WHEREAS, the members of Council learned with sorrow of the passing of Mr. Grogan on Friday, February 28, 2014; WHEREAS, Mr. Grogan attended Jefferson High School in Roanoke and Wheaton College in Chicago, where, as a student athlete, he starred as a football player; WHEREAS, as a successful college student and athlete, Mr. Grogan was recruited by the Dallas Cowboys, but was unable to commit to the team due to an injury; WHEREAS, Mr. Grogan then began his professional career as a teacher, before returning to Roanoke to work as the Assistant Director for the Roanoke Parks and Recreation Department and then Virginia Amateur Sports; WHEREAS, Mr. Grogan used his experience and knowledge of the games of football, basketball, and baseball, to officiate countless number of high school games; WHEREAS, in 2001, Mr. Grogan officiated a home game for the Philadelphia Eagles, and a home game for the New England Patriots; 38 WHEREAS, Mr. Grogan is one of the few officials to officiate both a Notre Dame football and basketball game; WHEREAS, Mr. Grogan was the past Assistant Commissioner for the Western Virginia Basketball Officials Association; WHEREAS, Mr. Grogan was a 23-year veteran with Area 8 Special Olympics where he served as the Council Chairperson; WHEREAS, in 2007, Mr. Grogan was awarded the Special Olympics Virginia State Outstanding Area Volunteer of the Year Award; WHEREAS, Mr. Grogan was a past President for the Clean Valley Council; and WHEREAS, Mr. Grogan was a member of the Jerusalem Baptist Church. 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 Owen Matthew Grogan, Jr., and extends to his family its sincerest condolences. 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Grogan's widow, LeVanda Denise (Williams) Grogan. APPROVED ATTEST: ATh. hrfrt / Stephanie M. Moon Reynold y Court G. Rosen City Clerk Vice-Mayor 39 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39975-061614. 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. 24626, adopted May 29, 1979, to the extent that it placed conditions on property bearing Official Tax Map No. 7100704, and by rezoning such lot to Commercial-Large Site District (CLS), with a condition; and dispensing with the second reading of this ordinance by title. WHEREAS, JETR, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 24626, adopted May 29, 1979, to the extent that it placed certain conditions on property located at 3425 Orange Avenue, N. E., bearing Official Tax Map No 7100704, and to rezone such lot from Commercial-General (CG), with conditions, to Commercial-Large Site District (CLS), 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, 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 June 16, 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 this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require repealing Ordinance No. 24626, adopted May 29, 1979, to the extent it placed certain conditions on property located at 3425 Orange Avenue, N. E., bearing Official Tax Map No. 7100704, and rezoning Official Tax Map No. 7100704, from Commercial-General (CG), with conditions, to Commercial-Large Site District (CLS), with a condition, 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: 40 1. Ordinance No. 24626, adopted May 29, 1979, to the extent it placed certain conditions on property located at 3425 Orange Avenue, N .E., bearing Official Tax Map No. 7100704, is hereby REPEALED, as set forth in the Zoning Amendment Amended Application No. 1 dated May 21, 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. 2. That the property located at 3425 Orange Avenue, N. E., bearing Official Tax Map No. 7100704 be rezoned from Commercial-General (CG), with conditions, to Commercial-Large Site District (CLS), with a condition proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated May 21, 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. Pursuant 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 lReynolds, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39976-061614. AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend a Planned Unit Development Plan, and a proffer pertaining to the Plan, upon certain property conditionally zoned INPUD, Institutional Planned Unit Development District; and dispensing with the second reading of this ordinance by title. 41 WHEREAS, the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ("City Council") to amend a Planned Unit Development Plan, and a proffer pertaining to the Plan, such plan and proffer presently binding upon a tract of land located at 2102 Grandin Road, S. W., being designated as Official Tax Map No. 1460101, which property is zoned INPUD, Institutional Planned Unit Development, with proffers, such proffers being accepted by the adoption of Ordinance No. 38815-051710, adopted May 17, 2010; and WHEREAS, the City Planning Commission, after giving property notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; and WHEREAS, a public hearing was held by City Council on such application at its meeting on June 16, 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 amendment; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Plan and the proffer pertaining to the Plan applicable to the subject property, and is of the opinion that the Plan and conditions now binding upon a tract of land located at 2102 Grandin Road, S. W., being designated as Official Tax Map No. 1460101, should be amended as requested, and that such property be zoned INPUD, Institutional Planned Unit Development, with the Plan and proffers as set forth in the Zoning Amendment Amended Application No. 2 dated May 2, 2014. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the Planned Unit Development Plan and amended proffer pertaining to that Plan as set forth in the Zoning Amendment Amended Application No. 2 dated May 2, 2014, so that the subject property is zoned INPUD, Institutional Planned Unit Development, with such Plan and proffers. 42 w 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 Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39977-061614. AN ORDINANCE amending and reordaining Section 11.5-3, Stormwater utility fee, Section 11.5-7. Stormwater utility fee credits, and Section 11.5-10. Definitions, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended, such amendments and additions to provide for (a) technical amendments that result from the repealing of Chapter 11.4, Stormwater Management, of the Code of the City of Roanoke, and the enactment of a new Chapter 11.6, Stormwater Management, and (b) one technical amendment to provide that changes in the amount of the stormwater fees shall be adopted by ordinance; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: Section 11.5-3, Stormwater utility fee, Section 11.5-7. Stormwater utility fee credits, and Section 11.5-10. Definitions, of Chapter 11.5, Stormwater Utility, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: * * * Sec. 11.5-3. Stormwater utility fee. * * * P 1 43 (b) The monthly utility fee rate for each billing unit as defined in section 11.5- 10 shall be set by city council by separate resolution ordinance or with the adoption of the city budget. Each improved parcel in the city shall be charged in accordance with section 11.5-6 Sec. 11.5-7. Stormwater utility fee credits. Section 15.2-2114.B, Code of Virginia, as amended, recognizes that a continued investment in an on-site stormwater management facility results in a reduced impact on the public stormwater management system. The City Manager is authorized to adopt policies, procedures, and manuals necessary to implement, administer, and enforce this section (a) Credit eligibility. Only on-site stormwater management facilities meeting the following criteria are eligible for a credit against the stormwater utility fee: (5) The facility must have met the criteria in existence at the time of construction in at least one (1) of the following sections of the City CedeRegulations, or their predecessor sections of the City Code as noted, if applicable: (i) Section 11.4169VAC25-870-96, Virginia Administrative Code, as amended„ Water quality; or the applicable predecessor section of City Code, including Section 11.4-16; or (ii) Both coction 11.4 179VAC25-870-97, Virginia Administrative Code, as amended, Stream channel erosion, and section 11.4 189VAC25-870-98, Virginia Administrative Code, as amended, Flooding.. or both applicable predecessor sections of City Code related to stream channel erosion and flooding, including Section 11.4-17 (stream channel erosion) and Section 11 .4-18 (flooding). r. 44 (b) Credit amounts. (3) Credits for on-site stormwater management facilities are as follows if the facility was required under the provisions of chapter 11.46, Stormwater managementManagement, of the City Code: (i) A ten percent credit is allowed if the facility, or facilities, provide water quality benefits in accordance with 9VAC25- 870-96, Virginia Administrative Code, as amendedsection (H) A ten percent credit is allowed if the facility, or facilities, provide both stream channel erosion control benefits in accordance with 9VAC25-870-97, Virginia Administrative Code, as amended, section 11.1 17 of the City Code and flood control benefits in accordance with 9VAC25-870-98, Virginia Administrative Code, as amendedcection 11.1 18 of the City Code. * * * . Sec. 11.5-10. Definitions. Words and terms used in this chapter, and which are defined in section 11 .6-101 11.4 30 of the City Code and in 9VAC25-870-10, Virginia Administrative Code, as amended, shall have the meaning ascribed to such words and terms as set forth in section 11.6-101 11.4 30 of the City Code, and in 9VAC25-870-10, Virginia Administrative Code, as amended, except as provided below, or the context clearly indicates otherwise. Where a definition in the Regulations differs from a definition set forth below or in section 11.6-101 of the City Code, the definition set forth below or in section 11.6-101 of the City Code shall supersede the definition in the Regulations. The following words and terms shall have the following meaning: (a) Billing unit means 500 square feet of impervious surface. (b) Discharge means to dispose, deposit, spill, pour, inject, dump, pump, leak, or place by any means, or that which is disposed, deposited, spilled, poured, injected, dumped, pumped, leaked, or placed by any means. n wf 45 (c) (b) ----Impervious surface means any area improved, graded, and/or surfaced with impervious material or resulting in impervious conditions. An impervious material or condition is present when the natural infiltration of water into the soil is significantly impeded or prevented. An impervious surface includes that portion of the land surface covered by an elevated structure, such as a bridge or deck, regardless of whether the land surface itself remains pervious or impervious. (d) (c) Improved parcel means any parcel regardless of zoning district, zoning classification, or land use that has 250 or more square feet of impervious surface. (e) Inspection means an on-site review of a project's compliance with the permit, the city's stormwater management program, and any applicable design criteria, or an on-site review to obtain information or conduct surveys or investigations necessary in the enforcement of this chapter. (f) Maintenance agreement or facility maintenance agreement means a legally recorded document that acts as a property deed restriction, and which provides for long-term maintenance of stormwater management practices. (g) Owner or landowner means the owner or owners of the freehold of the premises or lesser estate therein, a mortgagee or vendee in possession, assignee of rents, receiver, executor, trustee, lessee or other person, firm or corporation in control of a property. (h) Regulations means the Virginia Stormwater Management Program (VSMP) Permit Regulations, 9VAC25-870-10, et seq., as amended. (I) Storm sewer system or storm drainage system means all facilities, conveyances, structures, and other items located within the City of Roanoke and owned and/or operated by the City of Roanoke which are designed or used for collecting, storing, or conveying stormwater, including, but not limited to, roads, streets, catch basins, drop inlets, curbs, gutters, ditches, pipes, lakes, ponds, manmade channels, storm drains, outfalls, retention, detention, and infiltration basins, and other facilities. (j)(d) Unimproved parcel means any parcel regardless of zoning district, zoning classification, or land use that has less than 250 square feet of impervious surface. 46 Pala . a 2. This Ordinance shall be in full force and effect on and after July 1, 2014. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: . 41 Stephanie M. Moon ynol s, MMC Court G. Rosen City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39978-061614. A RESOLUTION authorizing the issuance of not to exceed twenty-three million dollars ($23,000,000.00) principal amount of general obligations of the City of Roanoke, Virginia, in the form of General Obligation Public Improvement Bonds of such city, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for such city (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the city; fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds, together with other General Obligation Public Improvement Bonds of the city; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of General Obligation Public Improvement Bond anticipation notes in anticipation of the issuance and sale of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. 9 47 WHEREAS, in the judgment of the Council (the "Council") of the City of Roanoke, Virginia (the "City"), it is desirable (i) to authorize the City to contract a debt and to authorize the issuance of not to exceed $23,000,000.00 principal amount of general obligations of the City, in the form of General Obligation Public Improvement Bonds of the City, for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City, (ii) to authorize the issuance of a like principal amount of General Obligation Public Improvement Bond Anticipation Notes in anticipation of the issuance of such Bonds and (iii) to authorize the sale of such Bonds, together with other previously authorized general obligation public improvement bonds of the City; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA: SECTION 1. (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended, the same being the Public Finance Act of 1991 (the "Public Finance Act of 1991"), for the purpose of providing net proceeds of sale (after taking into account costs of issuance, underwriting compensation and original issue discount) to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City, set forth in Section 7, the City is authorized to contract a debt and to issue not to exceed $23,000,000.00 principal amount of general obligation bonds of the City to be designated and known as the "City of Roanoke, Virginia, General Obligation Public Improvement Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued and sold in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds of each series shall be issued in such aggregate principal amounts (not exceeding the aggregate principal amount specified in Section 1(a)); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be 48 calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000.00) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at the address of such registered owner as it appears on the books of registry kept by the Registrar and Paying Agent as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. 49 (iii) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 2. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, the Council shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 3. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar and Paying Agent"). (c) The Director of Finance shall direct the Registrar and Paying Agent to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed by an authorized signatory of the Registrar and Paying Agent. Upon the authentication of any Bonds the Registrar and Paying Agent shall insert in the certificate of authentication the date as of which such Bonds are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. 50 -- (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. The principal of the Bonds shall be payable upon presentation and surrender hereof at the office of the Registrar and Paying Agent. Interest on the Bonds shall be payable by check mailed by the Registrar and Paying Agent to the registered owners of such Bonds at their respective addresses as such addresses appear on the books of registry kept pursuant to this Section 4; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar and Paying Agent for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose the Registrar and Paying Agent, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar and Paying Agent for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the registered owner of such Bond in person or by the duly authorized attorney for such registered owner, upon surrender of such Bond to the Registrar and Paying Agent for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by the duly authorized attorney for such registered owner, in form satisfactory to the Registrar and Paying Agent. y 51 (f) All transfers or exchanges pursuant to this Section 4 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar and Paying Agent for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 4 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of$5,000.00 or any whole multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. (ii) Principal and interest payments on the Bonds will be made by the Registrar and Paying Agent to DTC or its nominee, Cede & Co., as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 5.(a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof (including any paying agent for the Bonds) by reason of such numbers or any use made thereof(including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by the successful bidder or purchaser to accept delivery of and pay for the Bonds in accordance with the terms of its bid. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the City; provided, however, that the CUSIP Service Bureau charge for the 52 assignment of such numbers shall be the responsibility of the successful bidder for or purchaser of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 6 To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees that it shall comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated under such Sections 103 and 141-150 so long as any such Bonds are outstanding. SECTION 7 The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $23,000,000.00 in Section 1(a) hereof (after 1 •011 taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Schools $5,000,000.00 Public Libraries 3,093,000.00 Parks and Recreation 1,000,000.00 Bridge Renovation Projects 3,800,000.00 Stormwater Management Projects 1,120,000.00 Civic Center Improvements 1,000,000.00 Curbs, Gutter and Sidewalk Improvements 1,000,000.00 Rail Passenger Infrastructure Improvements 3,000,000.00 Broadband Improvement Project 2,000,000.00 Fire Facility Improvement Project 750,000.00 911 Center 250,000.00 Total $22,013,000.00 53 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 8 (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. (b) If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to prepare and distribute, or to cause to be prepared and distributed, via electronic dissemination or otherwise, a Preliminary Official Statement and an Official Notice of Sale relating to the Bonds. In preparing the Official Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. (c) If the Bonds are sold at competitive sale, the City Manager and the Director of Finance, without further action by the Council, (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Bonds of each series and to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost to the City with respect to the Bonds of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as specified in the bid accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). (d) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance, without further action of the Council, (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii) are hereby authorized to select the underwriters of the Bonds (the "Underwriters") and to sell the Bonds in one or more series in accordance herewith to the Underwriters. If the Bonds are sold at negotiated sale, the Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true ' interest rate for the Bonds of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of each maturity of each series as negotiated with the Underwriters in 54 -- accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Bonds upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). Either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to the Underwriters. (e) The Mayor is hereby authorized and directed to execute and deliver to the purchasers of the Bonds an Official Statement of the City relating to the Bonds, in substantially the form of the Preliminary Official Statement relating to the Bonds, after the same has been completed by the insertion of the maturities, interest rates and other details of the Bonds and by making such other insertions, changes or corrections as the Mayor, based on the advice of the City's financial advisor and legal counsel (including the City Attorney and Bond Counsel), deems necessary or appropriate; and this Council hereby authorizes the Official Statement and the information contained therein to be used by the purchasers in connection with the sale of the Bonds. The Preliminary Official Statement is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ("Rule 15c2-12"). The City Manager and the Director of Finance are hereby authorized and directed to execute on behalf of the City and deliver to the purchasers a certificate in substantially the form to be included in the Official Statement under the caption "Certificate Concerning Official Statement". (f) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney and Bond Counsel), such approval to be conclusively evidenced by their execution thereof. (g) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. The Bonds, the certificate of authentication of the Registrar and Paying Agent, and the assignment endorsed on the Bonds, shall be in substantially the forms set forth in Exhibit A attached hereto. SECTION 10 General Obligation Public Improvement Bond anticipation notes .� (the "Notes") are authorized for issuance and sale by the City Manager and the Director of Finance in anticipation of the issuance of the General Obligation Bonds authorized for 55 issuance herein. Such Notes shall be sold at competitive or negotiated sale at such price or prices and on such other terms and conditions as shall be determined by the City Manager and the Director of Finance. The City Manager and the Director of Finance (i) are hereby authorized to determine the dated date of the Notes of each series, the dates the Notes of each series shall mature, the dates on which interest on the Notes shall be payable, the aggregate principal amount of the Notes of each series and the principal amount of the Notes of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Notes of each series if sold at competitive sale or proposals for the purchase of the Notes of each series if sold at negotiated sale and, without further action of the Council, to accept the bid or proposal offering to purchase the Notes of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost to the City with respect to the Notes of any series exceed six percent (6.00%). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Notes of each maturity of each series as specified in the bid or proposal accepted by them in accordance with the immediately preceding sentence. The City Manager and the Director of Finance are hereby authorized to determine the provisions relating to the redemption of the Notes upon the advice of the City's financial advisor; provided, however, in no event shall any redemption premium payable by the City exceed two percent (2.00%). If such Notes are offered for competitive sale, a Detailed Notice of Sale or Summary Notice of Sale shall be prepared, published and distributed in accordance with the requirements of Section 8. If such Notes are publicly offered, there may also be prepared and distributed a Preliminary Official Statement and a final Official Statement relating to such Notes in such form as shall be approved by the Director of Finance. The issuance and details of such Notes shall be governed by the provisions of Section 15.2-2628 of Title 15.2, Chapter 26, Article 2 of the Code of Virginia, 1950, as amended. The provisions of Sections 2 and 6 shall apply to such Notes to the same extent the same apply to the Bonds except, in the case of the provisions of Section 2, only to the extent such Notes are not paid from the proceeds of the Bonds or from any other available funds. Bonds in anticipation of which such Notes are issued pursuant to this Section 10 may be issued and sold in accordance with the provisions of this Resolution at any time within five (5) years of the date of issuance of the first Notes issued in anticipation of such Bonds. SECTION 11 The Council hereby authorizes the City to make expenditures for the purpose for which the Bonds are to be issued in advance of the issuance and receipt of the proceeds of the Bonds and to reimburse such expenditures from the proceeds of the Bonds. The adoption of this Resolution shall be considered an "official intent" within the meaning of Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986, as amended. 56 SECTION 12.The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950 as amended. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED REGISTERED No. R-_ $ MATURITY INTEREST DATE: RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS THE CITY OF ROANOKE, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment 57 date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable upon presentation and surrender hereof, at the office of as the Registrar and Paying Agent, in the City of . Principal of and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of an issue of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, which is issued for the purpose of providing funds to pay the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of various public improvement projects of and for the City (including related design and architectural and engineering services) and the acquisition and installation of various capital equipment projects of and for the City, under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991), and resolutions and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000.00) maturing on and after 1, 20 are subject to redemption at the option of the City prior to their stated maturities, on or after 1, 20_, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. 58 The Bonds of the issue of which this Bond is one maturing on are subject to mandatory sinking fund redemption on and on of each year thereafter and to payment at maturity on in the principal amounts in each year set forth below, in the case of redemption with the particular Bond or Bonds maturing on or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds maturing on to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on which have been purchased and cancelled by the City or which have been redeemed and not a theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at the address of such Registered Owner as it appears on the books of registry kept by the Registrar and Paying Agent as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. 59 Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the issue of which this Bond is one, this Bond may be exchanged at the office of the Registrar and Paying Agent for a like aggregate principal amount of Bonds of other authorized principal amounts and of the same issue, interest rate and maturity. This Bond is transferable by the Registered Owner hereof, in person or by the attorney for such Registered Owner duly authorized in writing, on the books of registry kept by the Registrar and Paying Agent for such purpose at the office of the Registrar and Paying Agent but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, issue, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar and Paying Agent. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City shall be authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. 60 -- It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia. IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of its City Clerk; and this Bond to be dated the date first above written. CITY OF ROANOKE, VIRGINIA [SEAL] Mayor Attest: .-w City Clerk CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings. REGIONS BANK, as Registrar and Paying Agent By: Authorized Signatory Date of Authentication: 61 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by a member firm of The NOTICE: The signature above must New York Stock Exchange, Inc. or a correspond with the name of the commercial bank or trust company. Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: Stephanie M. Moon Rey s,thr-e4 Court G. Rosen City Clerk Vice-Mayor 62 . - IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of June, 2014. No. 39979-061614. 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 FY15, Passenger Rail Infrastructure, Franklin Road over Norfolk Southern Rail Way-Bridge Replacement, Raleigh Court Library Renovations, Parks & Rec Master Plan-Phase II, Neighborhood Storm Drains, Fire Facility Renovation Master Plan, E911 Center, and Round Hill Expansion—Phase I projects, and to reverse advance appropriation of 2014 Bond funds from the Broadband Infrastructure account, amending and reordaining certain sections of the 2014 - 2015 Civic Facilities, Capital Projects, Department of Technology, and School Capital Projects Funds, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 Civic Facilities, Capital Projects, Department of Technology, and School Capital Projects Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2015 Bond Funds 05-550-8631-9373 $ 1,000,000.00 Civic Center Upgrades 05-550-9507-9340 (1,000,000.00) Capital Projects Fund Appropriations Appropriated from 2014 Bond Funds 08-310-9692-9360 (1,000,000.00) Appropriated from 2015 Bond Funds 08-310-9692-9373 2,000,000.00 Broadband Infrastructure 08-530-9535-9346 1,000,000.00 Broadband Infrastructure 08-530-9536-9346 (2,000,000.00) Appropriated from 2015 Bond Funds 08-530-9605-9373 1,000,000.00 Curb, Gutter, Sidewalk FY15 08-530-9536-9370 (1,000,000.00) Appropriated from 2015 Bond Funds 08-530-9653-9373 3,000,000.00 Passenger Rail Infrastructure 08-530-9536-9362 (3,000,000.00) Appropriated from 2015 Bond Funds 08-530-9965-9373 3,800,000.00 Franklin Rd over NSRW—Bridge 08-530-9536-9342 (3,800,000.00) Replacement Appropriated from 2015 Bond Funds 08-530-9621-9373 3,093,000.00 Raleigh Court Library Renovations 08-530-9536-9371 (3,093,000.00) Appropriated from 2014 Bond Funds 08-620-9770-9373 1,000,000.00 63 Parks & Rec Master Plan-Phase II 08-530-9536-9344 ( 1,000,000.00) Appropriated from 2015 Bond Funds 08-530-9734-9373 1,120,000.00 Neighborhood Storm Drain Projects 08-530-9536-9337 (1,120,000.00) Appropriated from 2015 Bond Funds 08-530-9629-9373 750,000.00 Roanoke Police Academy Expansion 08-530-9535-9345 ( 750,000.00) Department of Technology Fund Appropriations Appropriated from 2015 Bond Funds 13-430-9646-9373 250,000.00 E911 Center 13-430-9639-9372 ( 250,000.00) School Capital Projects Fund Appropriations Appropriated from 2015 Bond Funds 31-065-6036-9373 1,500,000.00 Virginia Heights Improvements 31-060-9507-9366 (1,500,000.00) Appropriated from 2015 Bond Funds 31-065-6037-9373 3,425,000.00 Round Hill Exp—Phase I 31-060-9507-9367 (3,425,000.00) Appropriated from 2015 Bond Funds 31-065-6042-9373 75,000.00 Westside Water Control 31-060-9507-9373 ( 75,000.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED (ATTEST / Stephanie M. Moon Reynolds, MMC Court G. Rosen City Clerk Vice-Mayor 64 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39980-070714. A RESOLUTION recognizing the Honorable David Trinkle to be a member of the City Council and Vice-Mayor of the City of Roanoke. WHEREAS, the Honorable David Trinkle received the largest number of votes of any candidate running for City Council in the regular Councilmanic election held on the first Tuesday in May, 2014, and was, therefore, elected Vice-Mayor of the City for a two- year term, which will commence July 1, 2014, as provided by Section 4 of the Charter of the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the Honorable David Trinkle be, and he is, hereby recognized to be a duly elected member of the Council of said City for a term commencing on the 1st day of July, 2014, and continuing for a period of four years, and until his successor shall have been elected and qualified, and to be the duly elected Vice-Mayor of the City for a term commencing July 1, 2014, and continuing for a period of two years, and until his successor shall have been elected and qualified. APPROVED kfrilliaLLAYVerth, tephanie M. Moon eynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39981-070714. A RESOLUTION paying tribute to the Honorable Court Rosen, and expressing to him the appreciation of the City and its people for his exemplary public service as the Vice-Mayor of the City. WHEREAS, Mr. Rosen was elected as Vice-Mayor in May 2012, having served on Council since 2008; 65 WHEREAS, Mr. Rosen is a partner with Blue Ridge Development Group, Inc.; and WHEREAS, Mr. Rosen has worked diligently on the Audit Committee, Legislative Committee, and Personnel Committee of the City Council, as Vice-President of Greater Roanoke Transit Company, Alternate Council Liaison for the Roanoke Redevelopment and Housing Authority, Council Representative for Virginia's First Cities Coalition, City Representative for the Finance Policy Committee of the Virginia Municipal League, City Representative for the Community and Economic Development Policy Committee of the Virginia Municipal League; and Member of the Board of Directors of Total Action for Progress (TAP). THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council adopts this Resolution as a means of recognizing and commending the many services rendered to the City of Roanoke and its people by the Honorable Court Rosen, as Vice-Mayor. 2. The City Clerk is directed to forward an attested copy of this Resolution to the Honorable Court Rosen. APPROVED ATTEST: Sbt Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39982-070714. A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2014, and terminating June 30, 2015. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This resolution establishes a schedule of regular meetings for City Council for the Fiscal Year commencing July 1, 2014, and terminating June 30, 2015. 66 2. For such fiscal year, City Council shall hold regular meetings on the first and third Mondays of each month, at the following times of commencement: (a) Unless otherwise provided by resolution of Council, each regular meeting on the first Monday in each month shall commence at 9:00 a.m. for the conduct of informal meetings, work sessions, or closed meetings. Thereafter, Council shall take up the regular agenda at 2:00 p. m. Council may recess between the 9:00 a. m. session and the 2:00 p. m. session. (b) Unless otherwise provided by resolution of Council, each regular meeting on the third Monday in each month shall commence at 2:00 p. m. for the conduct of regular business. The second meeting of each month shall be recessed upon the completion of all business except the conduct of public hearings, and such meeting shall be reconvened at 7:00 p. m. on the same day for the conduct of public hearings. 3. With regard to the regular meetings scheduled to be held on the first Monday of each month, inasmuch as City officials and Council members will be attending the Virginia Municipal League Annual Conference to be held on October 5 - 7, 2014, an exception is noted herein and the regular meeting scheduled to be held on Monday, October 6, 2014, is rescheduled to be held on Thursday, October 9, 2014, and shall commence at 9:00 a.m. 4. When any regularly scheduled Monday meeting shall fall on a holiday of . . the City, such meeting shall be held on Tuesday next following. 5. All meetings of City Council shall be automatically adjourned at 11:00 p. m., unless a motion setting a new time for adjournment be made, seconded, and unanimously carried. 6. All regular meetings of City Council shall be held in the Council Chamber, Room 450, of the Municipal Building, unless otherwise provided by resolution of Council., with the exception of the 9:00 a.m. session of the regular meeting on August 4, 2014, which shall be held at Patrick Henry High School, 2102 Grandin Road, S. W., Roanoke, Virginia at 9:00 a.m. 7. City Council may prescribe a day or time other than that established by this resolution or a meeting place other than that established by this resolution by adoption of a resolution establishing a new meeting day, place or time. City Council shall cause a copy of such resolution to be posted adjacent to the door of the Council Chambers and inserted in a newspaper having general circulation in the City at least seven days prior to the date of the meeting at such amended day, time or place. 67 s. 8. This Resolution shall have no application to special meetings of City Council called pursuant to Sectionl0 of the City Charter. APPROVED ATTEST: \(-11 ) Stephanie M. Moon Re Ids, MC David A. Bowers Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39983-070714. A RESOLUTION accepting the FY2015 Strategic Prevention Framework State Incentive Grant to the City from the U.S. Department of Health and Human Services, Substance Abuse Mental Health Services Administration, Center for Substance Abuse Prevention; authorizing Blue Ridge Behavioral Health, Inc., to serve as the fiscal agent for distribution of the grant proceeds; 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 FY2015 Strategic Prevention Framework State Incentive Grant by the U.S. Department of Health and Human Services, Substance Abuse Mental Health Services Administration, Center for Substance Abuse Prevention, in the amount of $21,000.00, with no local match required, to fund overtime traffic DUI enforcement, as more particularly described in the City Council Agenda Report dated July 7, 2014. 2. Blue Ridge Behavioral Health, Inc. is hereby authorized to be the fiscal agent for distribution of the grant proceeds. 3. The City Manager is hereby authorized to execute the grant agreement and all necessary documents required to accept the grant, in a form approved by the City Attorney. 68 4. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon Re?frOlds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39984-070714. 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 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 Overtime Wages 35-640-3500-1003 $ 19,508.00 FICA 35-640-3500-1120 1,492.00 Revenues SPF-SIG Grant FY15 - State 35-640-3500-3500 21,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynol , MMC David A. Bowers City Clerk Mayor 69 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39985-070714. A RESOLUTION authorizing the acceptance of a Certified Local Government grant from the Department of Historic Resources, and authorizing the execution of necessary documents, upon certain terms and conditions. WHEREAS, Virginia's Department of Historic Resources is required by provisions of the National Historic Preservation Act to grant at least 10 percent of its annual Historic Preservation Fund monies to Certified Local Governments in the state; WHEREAS, the Department of Planning, Building, and Development applied for funds to conduct a survey of the Belmont Historic District in preparation for a nomination for the Virginia Landmarks Register and National Register of Historic Places; WHEREAS, Virginia's Department of Historic Resources awarded the City of Roanoke a Certified Local Government grant in the amount of$25,000.00; and WHEREAS, as a condition of receiving the grant, the City is required to provide a local match of$20,000.00. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Certified Local Government grant in the amount of $25,000.00, with a $20,000.00 local match from the City, as more particularly set forth in the City Council Agenda Report dated July 7, 2014. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by the Virginia Department of Historic Resources in connection with the grant. M 70 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 Certified Local Government grant. APPROVED ATTEST: C'� Stephanie M. Moon Reynold David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39986-070714. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Historic Resources Certified Local Government Grant, amending and reordaining certain sections of the 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 35-610-8173-2010 $45,000.00 Revenues Certified Local Government FY15 — DHR 35-610-8173-8173 25,000.00 Certified Local Government FY15 — Local 35-610-8173-8174 20,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTT�nEST:: , (1 ��� Stephanie M. Moon of , MMC David A. Bowers City Clerk Mayor 71 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39987-070714. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award of Transportation Revenue Sharing Program Funds (Revenue Sharing Funds) to the City in the total amount of $10,000,000.00 to be allocated among eleven Projects; authorizing the City Manager to execute eleven (11) VDOT Appendix A documents for Revenue Sharing Funds for the Projects set forth below, which will require the City to provide matching funds of $10,000,000.00; and authorizing the City Manager to take certain other actions in connection with the above matters and Projects. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award of Revenue Sharing Funds in the total amount of $10,000,000.00 to be provided by VDOT for the FY15 time period for the eleven (11) Projects set forth in paragraph 2 below, with the City providing local matching funds in the total amount of $10,000,000.00, with such funds to be allocated among the eleven (11) Projects referred to below, all as more fully set forth in the City Council Agenda Report dated July 7, 2014, to this Council. 2. The allocations for the eleven (11) Projects referred to above together with the amount of such VDOT Revenue Sharing Funds to be provided and the City matching funds to be provided are as follows (the "Projects"): A. Annual Citywide Street Paving Program (Resurfacing) $ 2,880,000.00 City Matching Funds $ 2,880,000.00 B. Replacement of the Franklin Road Bridge $ 2,750,000.00 City Matching Funds $ 2,750,000.00 C. Box Culvert Replacement at Gilmer Avenue over Trout Run $ 350,000.00 City Matching Funds $ 350,000.00 D. Bridge Rehabilitation at Orange Avenue over Tinker Creek $ 700,000.00 City Matching Funds $ 700,000.00 E. Bridge Rehabilitation on 13th Street, S. E. over the Roanoke River $ 130,000.00 City Matching Funds $ 130,000.00 72 • F. Bridge Rehabilitation at Jefferson Street Bridge over the Roanoke River $ 170,000.00 City Matching Funds $ 170,000.00 G. Citywide Bridge Maintenance $ 200,000.00 City Matching Funds $ 200,000.00 H. Citywide Storm Drain Improvements $1,120,000.00 City Matching Funds $1,120,000.00 I. Citywide Curb, Gutter, and Sidewalk (New Construction) $1,000,000.00 City Matching Funds $1,000,000.00 J. City-wide Streetscape Projects $ 500,000.00 City Matching Funds $ 500,000.00 K. Roanoke City Greenways and Trails (New Construction) Garden City Boulevard Trail connection to the Roanoke River Greenway and Star Trail $ 200,000.00 City Matching Funds $ 200,000.00 3. The City Manager is hereby authorized to execute eleven (11) Appendix A documents to a VDOT Standard Programmatic Project Administration Agreement for Revenue Sharing Projects substantially similar to the ones attached to the above mentioned Agenda Report to this Council for the above eleven (11) Projects listed as A through K in connection with the VDOT Revenue Sharing Funds, together with the required City matching funds mentioned above. Such Appendices shall be approved as to form by the City Attorney. 4. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the above Revenue Sharing Funds in the total amount of $10,000,000.00 from VDOT, together with $10,000,000.00 in City matching funds, for the above mentioned eleven (11) Projects, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: , oOtn gMM /i Stephanie M. Moon Reynolds, David A. Bowers •-. City Clerk Mayor 73 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7m day of July, 2014. No. 39988-070714. AN ORDINANCE to appropriate funding from the Virginia Department of Transportation and transfer funding from the Economic & Community Development Reserve to various street improvement, bridge rehabilitation, and greenway capital 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 State Grant Funds 08-530-9508-9007 $2,880,000.00 Appropriated from State Grant Funds 08-530-9509-9007 350,000.00 Appropriated from State Grant Funds 08-530-9552-9007 200,000.00 Appropriated from State Grant Funds 08-530-9561-9007 700,000.00 Appropriated from State Grant Funds 08-530-9565-9007 130,000.00 Appropriated from State Grant Funds 08-530-9568-9007 170,000.00 Appropriated from General Revenue 08-530-9571-9003 500,000.00 Appropriated from State Grant Funds 08-530-9571-9007 500,000.00 Appropriated from State Grant Funds 08-530-9605-9007 1,000,000.00 Appropriated from General Revenue 08-530-9627-9003 200,000.00 Appropriated from State Grant Funds 08-530-9627-9007 200,000.00 Appropriated from State Grant Funds 08-530-9734-9007 1,120,000.00 Appropriated from General Revenue 08-530-9753-9003 (200,000.00) Appropriated from State Grant Funds 08-530-9965-9007 2,750,000.00 Revenues VDOT— Capital Street Paving FY15 08-530-9508-9508 2,880,000.00 VDOT— Gilmer Ave Box Culvert 08-530-9509-9509 350,000.00 Replacement VDOT— Bridge Maintenance 08-530-9552-9552 200,000.00 VDOT— Orange Ave/Tinker Creek Bridge 08-530-9561-9561 700,000.00 Rehab VDOT — 13th St SE/Roanoke River Bridge 08-530-9565-9565 130,000.00 Rehab VDOT — Jefferson/Roanoke River Bridge 08-530-9568-9568 170,000.00 Rehab VDOT — City-Wide Streetscape/Sidewalk 08-530-9571-9571 500,000.00 VDOT — City-Wide Curb, Gutter, Sidewalk 08-530-9605-9605 FY15 VDOT — Garden City Greenway 08-530-9627-9627 200,000.00 74 VDOT — Neighborhood Storm Drains 08-530-9734-9735 1,120,000.00 VDOT — Franklin Rd/NSRW Bridge 08-530-9965-9965 2,750,000.00 Replacement Fund Balance Economic and Community Development 08-3365 $ (500,000.00) Reserve Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED kilL)A QQ Stephanie M. Moon yno , MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39989-070714. A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 39395-052112. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE: "SECTION 1. Reallocation of Amounts Set Forth in Resolution No. 39395- 052112. (a) The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of `Public Libraries" the amount of $452,000.00 set forth in Resolution No. 39395-052112 adopted by the Council on May 21, 2012 for "Digital Radio Project". (b) After the reallocation effected pursuant to Section 1(a) hereof, Section 7 of Resolution No. 39395-052112 is hereby amended in its entirety to read as follows: 75 "SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $14,000,000.00 in Section 1(a) hereof (after taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Amount Public Schools $2,000,000.00 Parks and Recreation 4,925,000.00 Digital Radio Project 1,658,000.00 Bridge Renovation Projects 1,100,000.00 Stormwater Management Projects 1,120,000.00 Civic Center Improvements 1,000,000.00 Curbs, Gutter and Sidewalk Improvements 500,000.00 Streetscape Improvements 400,000.00 Public Libraries 662,000.00 Total $13,365,000.00 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth." SECTION 2. Filing of Resolution With Circuit Court. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia. SECTION 3. Effectiveness s of Resolution. This resolution shall take effect upon its adoption. APPROVED ATTEST: Stephanie M. Moon nolds, MC David A. Bowers City Clerk Mayor 76 • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39990-070714. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Market Garage Parking Improvements, RCIT Erosion Repairs, and Elmwood Park Playground project, amending and reordaining certain sections of the 2014 - 2015 Parking and Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 Parking and Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Parking Fund Appropriations Appropriated from General Revenue 07-540-8276-9003 $125,000.00 Revenues Transfer from Capital Projects Fund 07-110-1234-1309 125,000.00 Capital Projects Fund Appropriations Appropriated from General Revenue 08-530-9772-9003 200,000.00 Appropriated from General Revenue 08-620-9663-9003 265,000.00 Transfer to Parking Fund 08-530-9712-9507 125,000.00 Fund Balance Economic and Community Development 08-3365 (590,000.00) Reserve - Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ) 14L4.)ilel I 4-z..) 1:2WaffrAA/4".... Stephanie M. Moon ynol.», MMC David A. Bowers City Clerk Mayor . 77 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39991-070714. AN ORDINANCE to transfer General Revenue and 2013 Bond funding between the Digital Radio project and the Main Library 1st Floor Improvement project, amending and reordaining certain sections of the 2014 - 2015 Capital Projects and 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 2014 - 2015 Capital Projects and Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from General Revenue 08-530-9975-9003 $ (452,000.00) Appropriated from 2013 Bond Funds 08-530-9975-9339 452,000.00 Department of Technology Fund „ Appropriations Appropriated from General Revenue 13-430-9950-9003 452,000.00 Appropriated from 2013 Bond Funds 13-430-9950-9330 (452,000.00) 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: W6~41- b'• DoCRO Stephanie M. Moon e nolds, MMC David A. Bowers City Clerk Mayor • 78 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39992-070714. AN ORDINANCE to appropriate funding for Roanoke Valley Public Safety Equity & Diversity Conference expenditures and corresponding revenue budget estimates, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Special Events 01-520-3212-2125 $ 50,000.00 Revenues MISC - Conference Revenue 01-110-1234-1539 50,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading • of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 4St-ti-atie)en. afrtrittfreir Stephanie M. Moon Reynold , MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39993-070714. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Narrows Lane Drainage 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. 79 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 July 7, 2014, for property designated as Roanoke Official Tax Map No. 5460117, known as 4501 Narrows Lane, S. W., Roanoke, Virginia, presently owned by Melissa Jane Miller, for the Narrows Lane Drainage Project in the general vicinity of Narrows Lane and the 4600 block of Van Winkle Road, S. W. 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 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 Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: itiait,n1 %If Steph anie M. M MC David A. Bowers City Clerk Mayor a - 80 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39994-070714. A RESOLUTION authorizing the City Manager to approve renewal of a Temporary Right-of-Entry Agreement between Norfolk Southern Railway Company ("Norfolk Southern") and the City of Roanoke ("City") in connection with the Roanoke River "Bridge the Gap" Greenway from Bridge Street to Salem Project ("Project"), upon certain terms and conditions; and authorizing the City Manager to take such further actions and execute further documents as needed to obtain access to the Norfolk Southern Property. WHEREAS, City staff and its consultants are currently working on the design for the Project; WHEREAS, a portion of the land targeted for construction of the Project is owned by Norfolk Southern ("Norfolk Southern Property); WHEREAS, the City is seeking access to the Norfolk Southern Property in order for the City and its consultants to produce construction documents; ,.,., WHEREAS, Norfolk Southern requires the City to renew the Temporary Right-of- Entry Agreement, dated July 1, 2013, which Council previously authorized by Resolution No. 39700-070113, dated July 1, 2013, before Norfolk Southern will grant the City access to the Norfolk Southern Property; WHEREAS, such renewal of the Temporary Right-of-Entry Agreement contains an indemnity provision from the City to Norfolk Southern and may also require the City to obtain special insurance required by the renewal of the Temporary Right-of-Entry Agreement; and WHEREAS, City staff recommends Council approve the renewal of such Temporary Right-of-Entry Agreement so the Project may proceed. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, for and on behalf of the City, to approve and execute a renewal of a Temporary Right-of-Entry Agreement with Norfolk Southern, dated July 1, 2013, previously authorized By Resolution No. 39700-070113, dated July 1, 2013, which contains an indemnity provision from the City to Norfolk Southern, to the extent permitted by law. Such renewal of the Temporary Right-of-Entry Agreement will permit access by the City to the Norfolk Southern Property in connection with the Project, all as more fully set forth in the City Council Agenda Report dated July 7, 2014, with such document to be approved as to form by the City Attorney. • 81 2. Authorize the City Manager to take such further actions and execute any additional documents, approved as to form by the City Attorney, as may be needed to implement, administer, and enforce such renewal of the Temporary Right-of-Entry Agreement, including obtaining any required insurance coverages, and/or to obtain permission to access the Norfolk Southern Property for this Project. APPROVED ATTEST: kt)atit.Thei p,M^^ice Stephanie M. Moon Re Ids, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39995-070714. AN ORDINANCE to readopt and reenact the Code of the City of Roanoke (1979), as amended; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 25043, adopted April 7, 1980, this Council adopted and enacted a new code for the City of Roanoke entitled the Code of the City of Roanoke (1979) (hereinafter sometimes referred to as the "City Code"); WHEREAS, such Code, as amended, contains certain provisions which incorporate by reference portions of the Code of Virginia (1950), as amended, (hereinafter "State Code"); WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly. 82 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.2, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: S ephanie M. Moon Re s, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 7th day of July, 2014. No. 39996-070714. A RESOLUTION ratifying and affirming the execution of an Agreement with Carilion Property Management in connection with the City's use of certain property during the 2014 Fourth of July Festival by the City Manager and City Clerk. ^ 83 BE IT RESOLVED by the Council of the City of Roanoke that Council hereby ratify and affirm the execution of an Agreement by the City Manager and the City Clerk, for and on behalf of the City, for the use of the Riverside Garage located at 6 Riverside Circle, the Crystal Spring Garage located at 2001 Crystal Spring Avenue, the River Walk Garage located on the Campus of Carillon Roanoke Memorial Hospital and the parking spaces along the fence on Evans Mill Road behind 213 McClanahan Street from 3:00 p. m. on Friday, July 4, 2014, until 11:00 p. m., in connection with the Fourth of July Festival, which Agreement includes a hold harmless and indemnification clause requiring the City of Roanoke to indemnify and hold harmless Carilion Property Management under certain circumstances, all of which is set out in the attached Agreement. APPROVED ATTEST: l d\-N �A 1/4S-,(2S-24,4•WtA.-- Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of July, 2014. No. 39887-072114. AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S. W. WHEREAS, Pegasus Tower Company, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II to property, identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S. W.; 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; 84 WHEREAS, a public hearing was held by City Council on such application at its meeting on March 17, 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 amendment of the INPUD Development Plan as it pertains to property described as Official Tax Map No. 1040102, located at 1809 Franklin Road, S. W.; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S. W., as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the INPUD Development Plan to permit construction of a wireless telecommunications tower in Phase I and an office building in Phase II on property identified by Official Tax Map No. 1040102, located at 1809 Franklin Road, S. W., as set forth in the Zoning Amended Application No. 4 dated February 27, 2014. APPROVED ATTEST: ,...S)4C0144.44444.44.44-..\ Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2014. No. 39997-072114. A RESOLUTION authorizing acceptance of the Shelter Plus Care Renewal Grant Award to the City of Roanoke from the U. S. Department of Housing and Urban Development; authorizing the City of Roanoke to serve as fiscal agent for the distribution of such funds; and authorizing the execution of the necessary documents. 85 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Shelter Plus Care Renewal Grant Award from the U. S. Department of Housing and Urban Development, in the amount of $192,619.00, with a required local in-kind dollar for dollar match of supportive services, such match to be provided by the City of Roanoke and various external agencies as more particularly described in the City Council Agenda Report dated July 21, 2014, for a one year period, beginning August 1, 2014, through July 31, 2015, to provide rental assistance and supportive services to disabled homeless individuals and their families. 2. The City of Roanoke is authorized to be the fiscal agent for this grant and shall be responsible for distributing the grant proceeds. 3. The City Manager is hereby authorized to execute any and all requisite documents, in a form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: , Un_. , i1'Y1. bin 1�l rikt `Y Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2014. No. 39998-072114. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Shelter Plus Care Grant, amending and reordaining certain sections of the 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 Shelter Plus Care 35-630-5306-2159 $ 192,619.00 Revenues Shelter Plus Care FY15 35-630-5306-5306 192,619.00 86 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: t2trc- Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of July, 2014. No. 39999-072114. A RESOLUTION accepting a FY 2015 Urban and Community Forestry Grant to fund a part-time Urban Forestry Planner to work under the Urban Forester, and authorizing the execution of any required grant agreements, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the FY 2015 Urban and Community Forestry Grant in the amount of $15,678.00, with a $12,931.00 local match from the City, and 700 hours of in-kind volunteer work by the Roanoke Tree Stewards, to fund various projects, as more particularly set forth in the City Council Agenda Report dated July 21, 2014. 2. The City Manager is hereby authorized to execute, and the City Clerk is authorized to attest, agreements and any other documents necessary to accept and implement such grant, including a Memorandum of Understanding attached to the City Council Agenda Report dated July 21, 2014, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon eynolds, MMC David A. Bowers City Clerk Mayor 87 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2014. No. 40000-072114. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2014 - 2015 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 General and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Temporary Wages 01-620-4340-1004 ($12,012.00) FICA 01-620-4340-1120 (919.00) Transfer to Grant Fund 01-250-9310-9535 12,931.00 Grant Fund Appropriations Regular Employee Salaries 35-620-4376-1002 19,069.00 City Retirement 35-620-4376-1105 4,239.00 401 Health Savings Match 35-620-4376-1117 191.00 FICA 35-620-4376-1120 1,459.00 Medical Insurance 35-620-4376-1125 3,260.00 Dental Insurance 35-620-4376-1126 164.00 Life Insurance 35-620-4376-1130 227.00 Revenues Urban & Community Forestry Grant FY15 35-620-4376-4376 15,678.00 Urban & Community Forestry Grant FY15 35-620-4376-4377 12,931.00 Local Match Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: tradlAs:uirn nrtiN 3CORLIAmia..- Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor 4 88 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2014. No. 40001-072114. A RESOLUTION authorizing acceptance of the FY2015 Edward Byrne Justice Assistance Grant Program from the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Criminal Justice Services, the Edward Byrne Justice Assistance Grant Program in the amount of $37,500.00, with a $37,500.00 local match from the City required, making a total award of $75,000.00, to be used to support the Roanoke City Police Department's Drug Market Initiative in the Hurt Park and Melrose neighborhoods, as more particularly described in the City Council Agenda Report dated July 21, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of •-••.• the City, any documents necessary to accept the grant, in a form approved by the City Attorney. 4. 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 ATTTEEST:: Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor a 89 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of Jul, 2014. No. 40002-072114. AN ORDINANCE to appropriate funding from the U.S. Department of Justice through the Commonwealth of Virginia Department of Criminal Justice Services for the Edward Byrne Justice Assistance grant, amending and reordaining certain sections of the 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 Overtime 35-640-3480-1003 $55,410.00 FICA 35-640-3480-1120 4,590.00 Program Activities 35-640-3480-2066 15,000.00 Revenues Byrne JAG Drug Market Initiative FY15 35-640-3480-3480 37,500.00 Byrne JAG Drug Market Initiative FY15 - Local 35-640-3481-3481 37,500.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: tnailLeArn.Yit•Ov. C3(23:7 , Stephanie M. Moon Re olds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2014. No. 40003-072114. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2014 - 2015 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 90 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 Vehicular Equipment 35-520-3344-9010 $19,815.00 Revenues Fire Program FY14 35-520-3344-3344 19,815.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 0.X1204-^4444A---\ Stephanie M. Moon Pak eynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21St day of July, 2014. No. 40004-072114. AN ORDINANCE to appropriate funding from the Parking Fund Retained Earnings for maintenance projects at various Park Roanoke facilities, amending and reordaining certain sections of the 2014 - 2015 Parking Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 Parking Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Fund Balance Retained Earnings - Available 07-3348 $(224,000.00) Appropriations Maintenance-Buildings —Tower Garage 07-540-8274-2050 224,000.00 91 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: r(1 � � � � � 0� �\ b11)•1 `lr�� ~ 'LVCI ►�_ Stephanie M. Moon eynolds, �MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2014. No. 40005-072114. AN ORDINANCE amending Chapter 1, General Provisions, of the Code of the City of Roanoke (1979), as amended, by adding a new Section 1-25, Assessment of court costs to implement and maintain an Electronic Summons System, to increase the court cost in district court and circuit court to support the implementation and maintenance of an electronic summons system; 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. Adding a new Section 1-25, Assessment of court costs to implement and maintain an Electronic Summons System, Chapter 1, General Provisions, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: Section 1-25. Assessment of court costs to implement and maintain an electronic summons system. (a) A local fee of five dollars ($5.00) to support the City's implementation and maintenance of an electronic summons system is hereby imposed in each criminal or traffic case in the district or circuit courts of the City of Roanoke pursuant to Section 17.1-279.1, Code of Virginia. The clerks of the district and circuit courts shall charge and collect this five dollar ($5.00) assessment as a part of the fees taxed as costs. (b) After collection by the clerk of the court in which the action is filed, the assessment shall be remitted to the city treasurer and held subject to appropriation by the city council to support the implementation and maintenance of an electronic summons system. 92 2. This ordinance shall be in full force on and after September 1, 2014. 3. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: tg TTStea Meljortn yno l M \ David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2014. No. 40006-072114. 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 of this ordinance by title. WHEREAS, Anthony R. Guilliams filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on June 16, 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. 93 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 974 square foot portion of the right-of-way of Sanford Avenue, S. W., from its northwestern terminus adjacent to Brandon Avenue, S. W., and immediately south of Official Tax Map No. 1271820, 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. 94 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: A-4,-,t4., kr) ) 1-y \ Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21st day of July, 2014. No. 40007-072114. AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, by amending a proffered Planned Unit Development Plan pertaining to property located on Zero Belle Avenue, N. E., bearing Official Tax Map No. 7060113, and by amending the proffer applicable to the subject property; and dispensing with the second reading of this ordinance by title. WHEREAS, Mountain Brook Villas, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend a Planned Unit Development Plan previously proffered as a condition of a conditional rezoning, to permit a different type of residential development as it pertains to the parcel located on Zero Belle Avenue, N. E., bearing Official Tax Map No. 7060113; J 95 WHEREAS, Mountain Brook Villas, LLC, has also made application to the Council of the City of Roanoke, Virginia ("City Council"), to repeal Ordinance No. 38287- 111708, adopted November 17, 2008, to the extent that it placed certain conditions on property located on Zero Belle Avenue, N. E., bearing Official Tax Map No. 7060113, and replacing such conditions with a new proffer; 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 July 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. 38287-111708, adopted November 17, 2008, the amending of the Planned Unit Development Plan pertaining to the property, and the adding of a proffer pertaining to the subject property; WHEREAS, this Council, after considering the aforesaid application, the recommendation made to this Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the repealing of Ordinance No. 38287-111708, adopted November 17, 2008, to the extent it placed certain conditions on property located on Zero Belle Avenue, N. E., bearing Official Tax Map No. 7060113, and replacing them with a new proffer and amending a previously proffered Planned Unit Development Plan, and is of the opinion that the conditions now binding upon the subject property, should be repealed and replaced as requested with a proffer and an amended Planned Unit Development Plan as set forth in the Zoning Amendment Amended Application No. 1 dated July 3, 2014. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as it pertains to the property bearing Official Tax Map No. 7060113, as set forth in the Zoning Amended Application No. 1 dated July 3, 2014. 2. Ordinance No. 38287-111708, adopted November 17, 2008, to the extent it placed certain conditions on property located on Zero Belle Avenue, N. E., bearing Official Tax Map No. 7060113, is hereby REPEALED, and that the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect such action. 96 3. That the proffer set forth in the Zoning Amendment Amended Application 00,•111 No. 1 dated July 3, 2014, is accepted and placed on the property located on Zero Belle Avenue, N. E., bearing Official Tax Map No. 7060113, 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. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon R ynolds, C David A. Bowers City Clerk Mayor - a r 97 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40008-080414. AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and the United States Postal Service for use of approximately 5,709 square feet of City-owned property, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S. W., Roanoke, Virginia, for the operation of a downtown post office branch, for a five year term, upon certain terms and conditions; authorizing the City Manager to execute Amendment No. 1 to Management Agreement dated August 9, 1994, between the City of Roanoke and Hall Associates, Inc.; authorizing the City Manager to implement, administer, and enforce such lease; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 4, 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 the proposed lease. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute, on behalf of the City of Roanoke, a lease agreement with the United States Postal Service for use of approximately 5,709 square feet of City-owned property, including the mezzanine area, in the first floor of the Church Avenue Parking Garage located at 101 Church Avenue, S. W., Roanoke, Virginia (the "Leased Premises"), for the operation of a downtown post office branch, for a five year term, beginning August 9, 2014, and ending August 8, 2019, at a rate of $10/square foot, resulting in an annual rent of $57,090.00, payable to the City in equal monthly installments of$4,757.50 (the "Lease"). The United States Postal Service will be responsible for payment of utilities and janitorial services at the Leased Premises. The City will be responsible for capital and routine maintenance of the Leased Premises. Under the terms of the Lease, the City will also be responsible for broker's commission due to the broker/agent for United States Postal Service in the amount of $8,563.50, and additional fees due the City's property agent in the amount of $8,563.50. Revenue from the Lease will be assigned to the Parking Fund, all as more particularly described in the City Council Agenda Report dated August 4, 2014. 2. The Lease shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the above mentioned Agenda Report. 98 3. The City Manager is authorized to execute Amendment No. 1 to Management Agreement dated August 9, 1994, between the City of Roanoke and Hall Associates, Inc. that provides a payment of $8,563.50 to Hall Associates for services rendered with respect to the negotiation of the proposed lease. 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 Lease, with any such documents being approved as to form by the City Attorney. 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: YM.Yt, y Stephanie M. Moon Reynolds, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40009-080414. A RESOLUTION authorizing acceptance of a Victim/Witness Assistance Program grant from the Commonwealth of Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia Department of Criminal Justice Services a Victim/Witness Assistance Program grant in the amount of $120,942.00 for Fiscal Year 2014 - 2015, such grant being more particularly described in the report to Council dated August 4, 2014. 2. The local cash match for Fiscal Year 2014 - 2015 shall be in the amount of $38,701.00. 3. The City Manager is hereby authorized to execute and file, on behalf of . the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 99 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. APPROVED ATTEST: le-Y\ as-QD2ut• Stephanie M. Moon Res, f1(; David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40010-080414. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program 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 Regular Employee Salaries 35-150-4558-1002 $ 103,189.00 City Retirement 35-150-4558-1105 14,234.00 ICMA Retirement 35-150-4558-1115 3,524.00 401 Health Savings 35-150-4558-1117 640.00 FICA 35-150-4558-1120 8,164.00 Medical Insurance 35-150-4558-1125 18,108.00 Dental Insurance 35-150-4558-1126 1,024.00 Life Insurance 35-150-4558-1130 1,228.00 Disability Insurance 35-150-4558-1131 289.00 Telephone 35-150-4558-2020 756.00 Administrative Supplies 35-150-4558-2030 4,514.00 Dues and Memberships 35-150-4558-2042 75.00 Training and Development 35-150-4558-2044 2,338.00 Postage 35-150-4558-2160 1,560.00 100 Revenues Victim Witness FY15 - State 35-150-4558-4558 120,942.00 Victim Witness FY15 - Local Match 35-150-4558-4559 38,701.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: 'sip"...jai.) Stephanie M. Moon Reynolds, M David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No 40011-080414. A RESOLUTION approving a Public Art Action Plan for FY 2015. BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves the Public Art Action Plan for FY 2015 as outlined in the City Council Agenda Report dated August 4, 2014, as a part of the City's Public Art Policy. APPROVED ATTEST: ,. c.-6\ ; 4VD<2132A.A..".". Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor 101 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40012-080414. A RESOLUTION accepting the FY2013 Supplemental Local Emergency Management Performance 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 FY2013 Supplemental Local Emergency Management Performance Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $25,000.00, with a required local match from the City of Roanoke in the amount of $25,000.00, for a total award of $50,000.00, to be used to enhance the current Emergency Operations Center (EOC) functions by upgrading the electrical, purchasing flat screen televisions to be mounted on the walls and other much needed improvements. The grant is more particularly described in the City Council Agenda Report dated August 4, 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: juNY Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor 102 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40013-080414. AN ORDINANCE to appropriate funding from the Virginia Department of Emergency Management (VDEM) Emergency Performance Grant for the purpose of enhancing the Emergency Operations Center (EOC), 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: Grant Fund Appropriations Other Equipment 35-520-3715-9015 25,000.00 Revenues Emergency Management 35-520-3715-3715 25,000.00 Performance FY15 — State Pursuant 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 Da A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40014-080414. A RESOLUTION accepting the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, and authorizing execution of any required documentation on behalf of the • City. 103 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Rescue Squad Assistance Fund (RSAF) grant made to the City by the Virginia Department of Health, Office of Emergency Medical Services, in the amount of $124,184.00, with a local match of $114,184.00, making the total funding in the amount of $238,368.00, to be used to purchase an ambulance, two (2) Stryker Power Load systems, two (2) mechanical CPR (Lucas) devices, develop a safe sleep for baby education campaign, and other safety equipment consistent with the grant, as more particularly described in the City Council Agenda Report dated August 4, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents to accept the grant, in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST:E . n Stephanie M. Moon Reynolds, MMC Davi . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40015-080414. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Rescue Squad Assistance Fund (RSAF) Grant, amending and reordaining certain sections of the 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: 104 Fleet Management Fund Appropriations Fleet Replacement 17-440-2642-9010 ($77,438.00) Transfer to Grant Fund 17-250-9310-9535 77,438.00 Grant Fund Appropriations Other Equipment 35-520-3713-9015 228,368.00 Program Activities 35-520-3713-2066 10,000.00 Revenues RSAF Equipment FY15 — State 35-520-3713-3713 124,184.00 RSAF Equipment FY15 — Local 35-520-3713-3714 114,184.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 1/4{4ATTEST: \ttY ,\ 9„.,:so ht\Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40016-080414. AN ORDINANCE allowing an encroachment requested by RRI/Trolley Barn, LLC ("RRI"), a Virginia limited liability company, one of the developers of THE BRIDGES, a project designed to redevelop a portion of the area located along the Roanoke River ("Project"), of certain private improvements to be constructed in the public right of way adjacent to property designated as Official Tax Map No. 4030305, located along Walnut Avenue, S. E., in Roanoke, Virginia, in connection with Phase 2 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: 105 1. Authorization is hereby granted to RRI to allow the placement and encroachment by RRI of certain private improvements to be constructed into the public right of way adjacent to property designated as Official Tax Map No. 4030305, located in the City of Roanoke, Virginia, along Walnut Avenue, S. E., such improvements to include a parking area, sidewalk, drive aisles, lighting, and various public and private utilities, in connection with the development of Phase 2 of the Project, as more particularly set forth and described in the City Council Agenda Report dated August 4, 2014. 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 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 Office of the City Clerk for the City of Roanoke, Virginia, 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/Trolley Barn, LLC, 300 S. 12 Street, Richmond, Virginia 23219. 5. This ordinance shall be in full force and effect at such time as a copy of this Ordinance, 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 for the City of Roanoke. 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. r. 106 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 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/TROLLEY BARN, LLC, a Virginia limited liability company, By: Printed Name: Richard D. Souter Title: Manager COMMONWEALTH OF VIRGINIA To-wit: CITY/COUNTY OF 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 , 2014, by Richard D. Souter, as manager of RRI/Trolley Barn, LLC, a Virginia limited liability company, for and on behalf of such company. My Commission expires: Notary Public Registration No. APPROVED ATTEST: 5402—LIN\IV Stephanie M. Moon Re nolds,, M C David A. Bowers City Clerk Mayor 1 107 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40017-080414. AN ORDINANCE allowing an encroachment requested by RRI Apartments I,LLC, a Virginia limited liability company, ("RRI"), one of the developers of THE BRIDGES, a project designed to redevelop a portion of the area located along the Roanoke River ("Project"), of private street lights to be constructed by RRI into the public right of way adjacent to private properties designated as Official Tax Map Nos. 4040403, 4040404, 4040405, 4040406, 4040407, and 4040408, located along Old Woods Avenue, S. E., and/or Old Whitmore Avenue, S. E., 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 to allow the placement and encroachment of private street lights to be constructed into the public right of way adjacent to properties designated as Official Tax Map Nos. 4040403, 4040404, 4040405, 4040406, 4040407, and 4040408, located in the City of Roanoke, Virginia, along Old Whitmore Avenue, S. E. and/or Old Woods Avenue, S. E., for such street lighting to better conform to the overall design characteristics and style of the Project, in connection with Phase I of the Project, as more particularly set forth and described in the City Council Agenda Report dated August 4, 2014. 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 encroachment, and any damage to the land, caused by the placement and removal of the encroachment, at RRI's sole cost and expense. 108 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 by the Office of the City Clerk for the City of Roanoke, Virginia, 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 of this Ordinance, 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. 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: 109 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 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: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40018-080414. AN ORDINANCE amending and reordaining Ordinance No. 39926-050514, which ordinance authorized the encroachment of a retaining wall into the public right of way from property owned by Linda Thompson, located at 2916 Hollowell Avenue, S. W., Roanoke, Virginia (Official Tax Map No. 1650917), by the addition and removal of certain insurance requirements stated in Paragraph 4 of said Ordinance, required of Ms. Thompson as a condition to authorization of the encroachment, upon certain terms and conditions, and dispensing with the second reading by title of this ordinance. 110 WHEREAS, by adopting Ordinance No. 39926-050514 on May 5, 2014, City Council authorized Linda Thompson, owner of the property at 2916 Hollowell . Avenue,S. W. (Official Tax Map No. 1650917), and her grantees, assignees, or successors in interest, to maintain the encroachment of an approximately 50 foot long, and 1 '% foot wide, retaining wall extending from such property approximately 5.50 feet in the City's public right-of-way located on Hollowell Avenue, S. W.; WHEREAS, Ordinance No. 39926-050514 required as a condition to authorization of the encroachment, that Ms. Thompson maintain on file with the City Clerk's Office evidence of insurance coverage in an amount not less than $300,000 of general liability insurance, and naming the City of Roanoke, its officers, agents, and employees as additional insured; WHEREAS, as a residential homeowner, Ms. Thompson is unable to obtain insurance for the retaining wall that lists the City of Roanoke, its officers, agents, and employees as additional insureds, and cannot comply with the requirements of Ordinance No. 39926-050514; WHEREAS, the City of Roanoke desires that Ordinance No. 39926-050514 be amended and reordained by the removal of the requirement that Ms. Thompson obtain insurance that lists the City of Roanoke, its officers, agents, and employees as additional insureds, and the addition of the requirement that Ms. Thompson require any ^ contractor that performs work on the retaining wall maintain insurance that lists the City of Roanoke, its officers, agents, and employees as additional insureds. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that ORDINANCE NO. 39926-050514 is hereby AMENDED AND REORDAINED as follows: 1. Pursuant to Section 15.2-2009 of the Code of Virginia (1950) as amended, authorization is hereby granted to Linda Thompson owner of the Property at 2916 Hollowell Ave., S. W., designated as Official Tax Map No. 1650917, 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, extending approximately 5.50 feet from such property into the City's public right-of-way located on Hollowell Ave., S. W., as more particularly set forth and described in the City Council Agenda Report dated August 4, 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 111 from any and all claims for injuries or damages to persons or property, including attorneys 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. 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 with respect to claims arising out of the encroachment into the right-of-way, provided, however, failure to do so does not affect Ms. Thompson, her grantees, assigns or successors in interest's responsibility to indemnify and hold harmless the City of Roanoke, its officials, officers and employees, from all claims for injuries or damages to persons or property that may arise by reason of the encroachment over public right-of-way. Ms. Thompson further agrees that if she hires a contractor to perform any work in conjunction with this encroachment, she will require that such contractor must provide general liability insurance coverage naming the City of Roanoke, its officers, agents, employees and volunteers as additional insured as it relates to this particular work, and that the contractor's 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. Ms. Thompson, her grantees, assigns or successors in interest are responsible to notify the City of Roanoke in case of the sale or transfer of her property, or cancellation of the insurance coverage referenced in Paragraph 4 of this Ordinance, within thirty (30) days of such event, and that the insurance required by Paragraph 4 must be received and on file with the City Clerk's Office within thirty (30) days of passage of this ordinance. In the event a contractor is hired to perform work on the retaining wall, Ms. Thompson agrees that the insurance required of the contractor by Paragraph 4 must be received and on file with the City Clerk's Office prior to the commencement of any work by the contractor. 6. The City Clerk shall transmit an attested copy of this ordinance to Linda Thompson at 1845 Carlton Road, S. W., Roanoke, VA 24015. 7. 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. 112 8. 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 a 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. 9. This ordinance replaces Ordinance No. 39926-050514 in its entirety. 10. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. The undersigned owner of the property located at 2916 Hollowell Ave., S. W., acknowledges that she has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. (SEAL) Linda Thompson COMMONWEALTH OF VIRGINIA) -• )To-wit: . 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 , 2014, by Linda Thompson. My Commission expires: Notary Public Registration No. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor 113 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of August, 2014. No. 40020-080414. AN ORDINANCE authorizing the City Manager to enter into a Revocable License Agreement between the City of Roanoke and Blue Ridge Literacy, a non-profit corporation formerly known as Literacy Volunteers of Roanoke Valley, for approximately 1,800 square feet of City-owned property known as the Hospitality Room at the Roanoke City Public Library Main Branch located at 706 South Jefferson Street, S. E., Roanoke, Virginia, for a term of one (1) year beginning August 5, 2014, and expiring August 4, 2015, with four mutually agreed upon one year renewal options under the same terms; authorizing the City Manager to implement, administer, and enforce such Revocable License Agreement; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute on behalf of the City of Roanoke, in a form approved by the City Attorney, a Revocable License Agreement with Blue Ridge Literacy, in a form substantially similar to the one attached to the City Council Agenda Report dated August 4, 2014, to this Council, for approximately 1,800 square feet of City-owned property known as the Hospitality Room at the Roanoke City Public Library Main Branch located at 706 South Jefferson Street, S. E., Roanoke, Virginia, for the purpose of housing Blue Ridge Literacy administrative offices and tutoring services as called for in the Revocable License Agreement, for a term of one (1) year beginning August 5, 2014, and expiring August 4, 2015, with four (4) mutually agreed upon one (1) year renewal options under the same terms; such Revocable License Agreement to be upon such terms and conditions as are more particularly described in the above mentioned Agenda Report. 2. The City Manager is further authorized to take such actions and execute such documents as may be necessary to implement, administer, and enforce such Revocable License Agreement, with any such documents being approved as to form by the City Attorney. 114 3. Pursuant to Section 12 of the City Charter, the second reading of this --•• ordinance by title is hereby dispensed with. APPROVED ATTEST: .hteR.,t),4) Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 41h day of August, 2014. No. 40021-080414. AN ORDINANCE to de-appropriate funding from the Virginia Department of Transportation to the Intersection Site Distance Improvement — Orange Avenue/Blue Hills Drive project, amending and reordaining certain sections of the 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 State Grant Funds 08-530-9719-9007 $ (136,000.00) Revenues VDOT — Intersection Site Distance 08-530-9719-9719 (136,000.00) Improvement Pursuant 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 115 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18°' day of August, 2014. No. 40019-081814. AN ORDINANCE amending and reordaining Section 24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 24-97, Possession or consumption of alcoholic beverages, of Article IV, Parks, of Chapter 24, Public Buildings and Property Generally, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: * * * (b) Subsection (a) of this section notwithstanding, the city manager is hereby authorized to allow alcoholic beverages to be consumed on the premises of Elmwood Park, Century Square at Church Avenue, S. E., across from Fire Station No. 1 ("Century Square"), Mill Mountain Park (including the Discovery Center), Mountain View, Wachovia Plaza at Market Street, S. E., adjacent to the Market Square Walkway ("Wachovia Plaza"), Reserve Avenue Park, and SunTrust Plaza, and Preston Park, hereinafter collectively referred to as the "designated park facilities," under the following conditions: * * * (2) Only section 501(c) nonprofit organizations under Title 26 of the United States Code may apply for the city's alcohol permit for Elmwood Park, Century Square, Mill Mountain Park (not including the Discovery Center) and Wachovia Plaza, and Preston Park. Any person or entity may apply for the city's alcohol permit for Mountain View, the Discovery Center, Reserve Avenue Park, and SunTrust Plaza; * * * APPROVED ATT T• 1 / Cecelia T. Webb, CMC it David B.Trinkle Assistant Deputy City Clerk Vice-Mayor 116 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of August, 2014. No. 40022-081814. A RESOLUTION authorizing the application and acceptance of the FY 2015 Bulletproof Vest Partnership Grant made to the City of Roanoke by the United States Department of Justice, Office of Justice Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby ratifies retroactively the City's application to the United States Department of Justice, Office of Justice Programs, for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the FY 2015 Bulletproof Vest Partnership Grant in the amount of $11,773.00 to the Roanoke City Police Department to purchase 47 concealable primary use bullet resistant vests; and $3,297.00 to the Roanoke City Sheriff's Department to purchase 13 concealable primary use bullet resistant vests. Each department is required to satisfy a 50% local in-kind match. Such grant being more particularly described in the City Council Agenda Report dated August 18, 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 by the United States Department of Justice, Office of Justice Programs in connection with the application and acceptance of the foregoing grant. APPROVED ATT S / -celia T. Webb, CMC David B. Trinkle Assistant Deputy City Clerk Vice-Mayor • 117 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40023-081814. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Bulletproof Vest Partnership Grant, amending and reordaining certain sections of the 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 Wearing Apparel - Sheriff 35-140-5916-2064 $ 3,297.00 Wearing Apparel - Police 35-640-3801-2064 11,773.00 Revenues Bulletproof Vest FY15 — Sheriff 35-140-5916-5916 3,297.00 Bulletproof Vest FY15 — Police 35-640-3801-3801 11,773.00 r Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATT T: / f e 1/ lia T. Webb, CMC Da • B. Trinkle Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40024-081814. A RESOLUTION authorizing the application and acceptance of the Juvenile Accountability Block Grant ("Grant") made to the City of Roanoke, Virginia ("City"), in collaboration with Carilion Medical Center, dba Carilion Clinic ("Carilion"), from the Virginia Department of Criminal Justice Services; authorizing the City of Roanoke 118 to serve as the primary fiscal agent for the distribution of such grant funds to the provider agencies for the services provided under the Grant; and authorizing execution of any required documentation on behalf of the City. WHEREAS, by application dated April 29, 2014, the City, in collaboration with Carilion, applied to the Virginia Department of Criminal Justice Services for the Grant; and WHEREAS, by letter dated June 20, 2014, the City was informed that it had been awarded the Grant in the amount of $25,000.00 in Federal Funds and $2,778.00 in matching funds for a total award of $27,778.00. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby approves and ratifies retroactively the City's application, made in collaboration with Carilion, to the Virginia Department of Criminal Justice Services for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke (1979), as amended, and does hereby accept the Grant in the amount of $25,000.00, with a local match from the City in the amount of $2,788.00, for the term beginning July 1, 2014, through June 30, 2015, to be expended on the City of Roanoke's Project Back on Track PLUS, an evidence based treatment program designed in collaboration with the Carilion Clinic Department of Psychiatry and Behavioral Medicine, to reduce the substance use related criminal behaviors of juveniles referred by the courts, professionals or schools, and for such Grant to be - further expended on the Screening, Brief Intervention, and Referral to Treatment ("SBIRT") program, a program designed to provide learning and lifestyle educational services in connection with Project Back on Track PLUS, in accordance with all the terms, provisions and conditions relating to acceptance of the Grant, as more particularly described in the City Council Agenda Report dated August 18, 2014. 2. The City of Roanoke is authorized to be the primary fiscal agent for the Grant and shall be responsible for distributing the Grant proceeds to the provider agencies for services provided under this grant. 3. The City Manager is hereby authorized to apply, accept, execute, and file on behalf of the City of Roanoke, any and all documents required to obtain such Grant funding, and to execute a contract with Carilion Medical Center, d/b/a Carilion Clinic, to implement Project Back on Track PLUS and SBIRT. All such documents shall be approved as to form by the City Attorney. 119 4. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this Grant. APPROVED ATT ST: I . - elia T. Webb, CMC David B. Trinkle Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40025-081814. AN ORDINANCE to appropriate funding from the Federal government through the Commonwealth of Virginia for the Juvenile Justice and Delinquency Project Back on Track Grant, amending and reordaining certain sections of the 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: General Fund Appropriations Fees for Professional Services 01-630-1270-2010 ($2,778.00) Transfer to Grant Fund 01-250-9310-9535 2,778.00 Grant Fund Appropriations Fees for Professional Services 35-630-5027-2010 27,778.00 Revenues Project Back on Track FY15 35-630-5027-5015 25,000.00 Project Back on Track FY15 - Local 35-630-5028-5015 2,778.00 120 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED 9 ATTE T: . ' WI'Ce elia T. Webb, CMC Da le Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40026-081814. A RESOLUTION accepting the Hazard Mitigation Assistance Program grant made to the City from the Virginia Department of Emergency Management upon certain terms and conditions, and authorizing the City Manager to execute any required documentation on behalf of the City in order to accept the grant. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Hazard Mitigation Assistance Program grant made to the City from the Virginia Department of Emergency Management in the amount of $175,309.00, with a local match from the City in the amount of $58,437.00, to be expended on the City of Roanoke's Floodplain Mitigation Project, which was authorized by City Council by Resolution No. 39760-091613, on September 16, 2013, upon such terms and conditions, as more particularly described in the City Council Agenda Report dated August 18, 2014. 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke, any and all documents required to obtain such funding, and to execute the Hazard Mitigation Assistance Program Grant Agreement in order to implement the program. All such documents shall be approved as to form by the City Attorney. Fi . a 121 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. ATT APPROVED � i Cebb, CMC JfDaiBLe Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40027-081814. AN ORDINANCE to appropriate funding from the Virginia Department of Emergency Management (VDEM) Pre-Disaster Mitigation Grant for the Floodplain Mitigation Project, 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: Grant Fund Appropriations Professional Fees 35-530-8182-2010 $ 2,200.00 Demolition 35-530-8182-5108 30,000.00 Environmental Review Services 35-530-8182-5565 4,000.00 Property Purchase 35-530-8182-9050 186,415.00 Regular Employee Salaries 35-530-8182-1002 10,340.00 FICA 35-530-8182-1120 791.00 Revenues Floodplain Mitigation FY15 - State 35-530-8182-8182 175,309.00 Floodplain Mitigation FY15 - Local 35-530-8182-8183 58,437.00 122 q 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 -SA4 Cecelia T. Webb, CMC David B. Trinkle Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40028-081814. AN ORDINANCE to appropriate funding from Virginia Department of Transportation for the purpose of Street Maintenance and Snow Removal, amending and reordaining certain sections of the 2014 - 2015 General and Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 General and Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Fees for Professional Service 01-530-4110-2010 $ 100,000.00 Chemicals 01-530-4140-2045 275,000.00 Expendable Equipment 01-530-4140-2035 25,000.00 Revenues Street Maintenance 01-110-1234-0650 400,000.00 Capital Projects Fund Appropriations Appropriated from Third Party 08-300-9508-9004 1,095,825.00 Revenues VDOT Capital Street Paving FY15 08-300-9508-9510 1,095,825.00 • 123 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: oc'- is . Webb, CMC David B.iTrinkle Assistant Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40029-081814. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's contract with MMM Design Group, Inc., in an amount up to $235,231.00 for additional professional engineering services for Phase II of the Fiscal Year 2015 Curb, Gutter and Sidewalk project; and authorizing the City Manager to implement, administer, and enforce such Amendments. 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 MMM Design Group, Inc., in an amount not to exceed $235,231.00 for additional professional engineering services for Phase II of the Fiscal Year 2015 Curb, Gutter and Sidewalk project, all as more fully set forth in the City Council Agenda Report dated August 18, 2014. 2. 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 $235,231.00, including an initial Amendment for the additional professional engineering services in an amount of $205,231.00, all as set forth in the above Report. 124 4. The City Manager is further authorized to take such actions and execute such documents, approved as to form by the City Attorney, as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract, as well as the Contract itself, with any such documents to be approved as to form by the City Attorney. APPROVED A IS ■ i C ecelia T. Webb, CMC / Da " B. rinkle Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40030-081814. • AN ORDINANCE to appropriate funding from the Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Supplemental Pay 302-110-0000-1304-309J-61100-41129-3-01 $13,129.00 Forest Park Supplemental Pay 302-110-0000-0400-309J-61100-41129-3-01 13,129.00 Fleming Social Security 302-110-0000-1304-309J-61100-42201-3-01 1,004.00 Social Security 302-110-0000-0400-309J-61100-42201-3-01 1,004.00 Medical/Dental 302-110-0000-1304-309J-61100-42204-3-01 2,489.00 Medical/Dental 302-110-0000-0400-309J-61100-42204-3-01 2,489.00 Educational 302-110-0000-1304-309J-61100-46614-3-01 195.00 Supplies Educational 302-110-0000-1304-309J-61100-46614-3-01 195.00 Supplies Instruction - 302-191-1302-0553-325H-61100-41121-3-02 (80.00) Teacher 125 Payment of Joint 302-191-1302-0553-325H-61100-47701-9-02 44,088.00 Operations Revenues State Grant Receipts 302-000-0000-0000-309J-00000-32418-0-00 33,634.00 State Grant Receipts 302-000-0000-0553-325H-00000-32272-0-00 44,008.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATT T: Cecelia T. Webb, CMC David B. Trinkle Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40031-081814. AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, and dispensing with the second reading of this ordinance by title. WHEREAS, Calvary Memorial Church, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the properties located at 2226 and Zero Colonial Avenue, S. W., bearing Official Tax Map Nos. 1271101, 1271102, 1271103, 1271104, 1271105, and 1271106, respectively, rezoned from IN, Institutional District, to INPUD, Institutional Planned Unit Development District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; 126 WHEREAS, a public hearing was held by City Council on such application at its —� meeting on August 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 properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 1271101, 1271102, 1271103, 1271104, 1271105, and 1271106, located at 2226 and Zero Colonial Avenue, S. W., respectively, be and are hereby rezoned from IN, Institutional District, to INPUD, Institutional Planned Unit Development District, as set forth in the Zoning Amendment Amended Application No. 1 dated August 5, 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:_ / 44 /111 - elia T. Webb, CMC ' David B. Trinkle Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40032-081814. AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. 127 WHEREAS, JETR, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have a portion of the property located at 2141 Dale Avenue, S. E., bearing Official Tax Map No. 4311201 and the entire lot located at Zero Dale Avenue, S. E., bearing Official Tax Map No. 4311204, rezoned from CG, Commercial-General District, and CLS, Commercial-Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and I-1, Light Industrial District, subject to certain conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 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 properties, and for those reasons, is of the opinion that the hereinafter described properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that a portion of Official Tax Map No. 4311201 and the entire lot of Official Tax Map No. 4311204, located at 2141 and Zero Dale Avenue, respectively, be and are hereby rezoned from CG, Commercial-General District, and CLS, Commercial-Large Site District, to MXPUD, Mixed Use Planned Unit Development District, and I-1, Light Industrial District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated July 3, 2014. 128 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 A - ST Ceceli. . Webb, CMC / David B. Trinkle Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40034-081814. AN ORDINANCE authorizing the conveyance of a forty (40) year non-exclusive above ground and underground easement, with an approximate area of 49 square feet, but in no event to exceed sixty four (64) square feet in area, together with a right of ingress and egress, across City-owned property located on Orange Avenue, N. E., Roanoke, Virginia, designated as Official Tax Map No. 7160102, to Verizon • ■ Virginia, LLC, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on August 18, 2014, pursuant to Section 15.2-1800 and Section 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to execute the necessary documents providing for the conveyance of a forty (40) year non- exclusive above ground and underground easement, with an approximate area of 49 square feet, but in no event to exceed sixty four (64) square feet in area, together with a right of ingress and egress, across City-owned property located on Orange Avenue, N. E., designated as Official Tax Map No. 7160102, to Verizon Virginia LLC, for Verizon Virginia LLC, to install and maintain a telecommunications cabinet which will aid in increasing service levels to businesses located within the Roanoke Centre for Industry and Technology. The proposed easement will also permit Verizon Virginia LLC, the temporary right to use the property of the City adjacent to the easement area during periods of construction for the placement of the telecommunications cabinet within the easement area, as more particularly set forth in the City Council Agenda Report dated August 18, 2014. 129 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATT T: Cece a T. Webb, CMC David B. Trinkle Assistant Deputy City Clerk Vice-Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40035-081814. AN ORDINANCE authorizing the proper City officials to execute a Sales Contract between the City of Roanoke, Virginia ("City"), and Anstey Holdings, LLC ("Anstey"), to sell to Anstey an approximately 1.08 acre parcel of City-owned property located at 802 Wiley Drive, S. W., Roanoke, Virginia, which parcel consists of portions of two City- owned properties designated as Official Tax Map Nos. 1121401 and 1130901, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on August 18, 2014, pursuant to Section 15.2-1800 and Section 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 130 1. The City Manager is hereby authorized on behalf of the City to execute a sales contract ("Sales Contract"), substantially similar to the Sales Contact attached to the City Council Agenda Report to this Council dated August 18, 2014, to sell to Anstey an approximately 1.08 acre parcel of City-owned property, located at 802 Wiley Drive, S. W., which parcel consists of portions of two City-owned properties designated as Official Tax Map Nos. 1121401 and 1130901 ("Property") for the purchase price of $2,000.00, upon certain terms and conditions; for Anstey to develop the Property into a mixed use commercial retail establishment, upon such terms and conditions as more particularly set forth in the City Council Agenda Report dated August 18, 2014. 2. Sale of the Property to Anstey is subject to the following contract contingencies that must be met prior to closing (1) Anstey successfully amending certain zoning conditions applicable to the Property, and (2) approval by the City and Planning Commission of a comprehensive development plan suitable to the Property's location in a floodplain. 3. The City Council further finds the sale of the Property will be of economic benefit to the City and its citizens. 4 The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Anstey pursuant to the Sales Contract, which obligations include, but are not limited to, Anstey investing a minimum of $200,000.00 into development and renovation of the Property. 5. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: / Cece T. Webb, CMC /i / Davi. B. Tnnkle Assistant Deputy City Clerk Vice-Mayor 131 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18th day of August, 2014. No. 40036-081814. AN ORDINANCE accepting the bid of Berglund Management Group, Inc. to execute a Naming, Advertising, and Sponsorship Agreement with Global Spectrum, L.P. and the City to name the facilities at the Roanoke Civic Center complex located at 710 Williamson Road, N. E., Roanoke, Virginia (Official Tax Map No. 3024004) (Naming Rights Agreement); authorizing the execution of the Naming Rights Agreement and certain related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce the Naming Rights Agreement; rejecting any other bids; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the City of Roanoke, Virginia (City) and Global Spectrum, L.P. entered into a Management Agreement dated as of January 1, 2014, for the management and operation of the Roanoke Civic Center facility situated at 710 Williamson Road, N. E., Roanoke, Virginia (Official Tax Map No. 3024004) (Management Agreement); WHEREAS, pursuant to the terms of the Management Agreement, Global Spectrum, L.P. may sell naming rights related to the Roanoke Civic Center facility, provided that any such agreement to sell such naming rights is subject to the approval by the City; WHEREAS, Global Spectrum, L.P. is interested in selling naming rights related to the Roanoke Civic Center facility for a period of ten (10) years and use the proceeds from the sale of such naming rights to operate and maintain the Roanoke Civic Center facility; WHEREAS, City Council has determined that the sale of the naming rights related to the Roanoke Civic Center facility will assist in the operation, maintenance and promotion of the Roanoke Civic Center facility and serve to benefit the residents of the City; WHEREAS, the City has, by advertisement published once a week for two (2) successive weeks in The Roanoke Times, a newspaper of general circulation in the City, publicly invited bids for the execution of a Naming Rights Agreement, a copy of which Naming Rights Agreement has been available for review; 132 WHEREAS, the City and Global Spectrum, L.P. desire to enter into a Naming Rights Agreement in order to generate additional revenues for the operation and maintenance of the Roanoke Civic Center facility and for the promotion of events to be conducted at the Roanoke Civic Center facility, and that such Naming Rights Agreement will be made to the successful bidder, which will enhance the operation of the Roanoke Civic Center facility for benefit of the residents of the City and surrounding areas; WHEREAS, two bids for the execution of a Naming Rights Agreement were received pursuant to the advertisement and were publicly opened at the City Council meeting held on August 18, 2014; WHEREAS, after proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its meeting on August 18, 2014, at which time all persons were accorded a full and fair opportunity to comment with respect to the proposed Naming Rights Agreement; WHEREAS, the matter was referred to the City Manager for evaluation and recommendation; WHEREAS, on August 18, 2014, Berglund Management Group, Inc. (Recommended Bidder) submitted a bid for the execution of the Naming Rights Agreement for the purpose mentioned above upon substantially the same terms as contained in the proposed Naming Rights Agreement that was on file in the City Clerk's " Office; WHEREAS, after review of all bids received by the City Manager, the City Manager recommends that Council accept the bid of the Recommended Bidder and approve the execution of the Naming Rights Agreement, substantially similar to the copy attached to the City Council Agenda Report dated August 18, 2014; WHEREAS, Council determined that the bid of the Recommended Bidder to execute the Naming Rights Agreement, upon certain terms and conditions, was the most responsive and responsible bid received by the City and Council desires to accept the bid of the Recommended Bidder. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 133 1. Council accepts the bid of the Recommended Bidder and hereby makes and award for the Naming Rights Agreement to the Recommended Bidder, subject to certain terms and conditions as further noted in the City Council Agenda Report dated August 18, 2014, to this Council and upon such other terms and condition as the City Manager may deem appropriate and agree to. Council further finds that it will be in the best interest of the City to award the Naming Rights Agreement as set forth above and will assist in promoting the operations of the Roanoke Civic Center facility. 2. Any and all other bids made to the City for the above matter are hereby rejected and the City Clerk is directed to notify any such other bidder(s) and to express to each the City's appreciation for any such bid. 3. The City Manager is hereby authorized to execute a Naming Rights Agreement between Global Spectrum, L.P., the City, and the Recommended Bidder to have the Recommended Bidder's name at the Roanoke Civic Center facility for a period of ten (10) years, commencing October 1, 2014, and ending on September 30, 2024, subject to the terms and provisions of the Naming Rights Agreement, which Naming Rights Agreement shall be substantially in the form attached to the Council Agenda Report dated August 18, 2014, and upon such other terms as the City Manager deems appropriate and agrees to. Such Naming Rights Agreement shall be in a form approved by the City Attorney. The bond or security to be provided by the Recommended Bidder shall be in a form and amount as the City Manager deems appropriate. 4. The Naming Rights Agreement referred to above shall be for a term of ten (10) years, commencing October 1, 2014, and ending September 30, 2024. The Recommended Bidder shall pay the aggregate sum set forth and described in the City Council Agenda Report dated August 18, 2014, for the Naming Rights Agreement, in ten (10) annual fees. Each annual fee will be paid in installments in accordance with the schedule of payments described in the City Council Agenda Report dated August 18, 2014. Pursuant to the terms of the Naming Rights Agreement, the term of the Naming Rights Agreement may be terminated prior to September 30, 2024. 5. The City Manager is further authorized to take such further action and to execute such further documents as may be necessary to implement, administer, and enforce such Naming Rights Agreement, which includes, but is not limited to, any needed modifications to such Naming Rights Agreement. All such documents shall be approved as to form by the City Attorney. 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. 134 1 7. This Ordinance is effective as of the date of its passage. . r APPROVED ATT T: Cecelia (FC ceha T. Webb, CMC David B. Trin e Assistant Deputy City Clerk Vice-Mayor a 135 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40033-090214. AN ORDINANCE to amend § 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to rezone certain properties within the City, subject to a certain condition proffered by the applicant. WHEREAS, Transitional Options for Women has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the properties located at 1729 and Zero Patterson Avenue, S. W., bearing Official Tax Map Nos. 1212309 and 1212310, respectively, rezoned from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development, 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, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on August 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 properties should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 136 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. 1212309 and 1212310, located at 1729 and Zero Patterson Avenue, S. W., respectively, be, and are hereby rezoned from MX, Mixed Use District, to INPUD, Institutional Planned Unit Development, subject to a certain condition proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 2 dated July 1, 2014. APPROVED ATTEST: re■ Sim Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40037-090214. A RESOLUTION authorizing the application and acceptance of the 2015 Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby ratifies retroactively the City's application to the Virginia Department of Motor Vehicles, for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the 2015 Department of Motor Vehicles Traffic Safety Alcohol Impaired Drivers Grant in the amount of $24,390.00, to be used for traffic enforcement targeting alcohol impaired drivers. This grant, which requires a $12,195.00 in-kind match by the City and a voluntary cash match of $1,518.00 by the City, is more particularly described in the City Council Agenda Report dated September 2, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents required to accept this grant. All such documents shall be approved as to form by the City Attorney. 137 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40038-090214. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an alcohol enforcement traffic safety grant, amending and reordaining certain sections of the 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 Overtime Wages 35-640-3474-1003 $ 19,840.00 FICA 35-640-3474-1120 1,518.00 Training and Development 35-640-3474-2044 800.00 Program Supplies 35-640-3474-2066 3,750.00 Revenues DMV Alcohol Enforcement FY15 - Grant 35-640-3474-3474 24,390.00 DMV Alcohol Enforcement FY15 - Local 35-640-3474-3475 1,518.00 138 Pursuant 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 2nd day of September, 2014. No. 40039-090214. A RESOLUTION authorizing the application and acceptance of the 2015 Department of Motor Vehicles Traffic Safety Occupant Protection Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby ratifies retroactively the City's application to the Virginia Department of Motor Vehicles, for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the 2015 Department of Motor Vehicles Traffic Safety Occupant Protection Grant in the amount of $4,800.00, to be used for traffic enforcement targeting occupant protection. This grant, which requires a $2,400.00 in-kind match by the City and a voluntary cash match of $368.00 by the City, is more particularly described in the City Council Agenda Report dated September 2, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents required to accept this grant. All such documents shall be approved as to form by the City Attorney. 139 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. APPROVED ATTEST: kr-CI-4k? Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40040-090214. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for an occupant protection traffic safety grant, amending and reordaining certain sections of the 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 Overtime Wages 35-640-3476-1003 $ 4,800.00 RCA 35-640-3476-1120 368.00 Revenues DMV Occupant Protection FY15 - Grant 35-640-3476-3476 4,800.00 DMV Occupant Protection FY15 - Local 35-640-3476-3477 368.00 140 Pursuant 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, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40041-090214. A RESOLUTION authorizing the application and acceptance of the 2015 Department of Motor Vehicles Traffic Safety Speed Enforcement Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby ratifies retroactively the City's application to the Virginia Department of Motor Vehicles, for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the 2015 Department of Motor Vehicles Traffic Safety Speed Enforcement Grant in the amount of $13,440.00, to be used for traffic enforcement targeting drivers who are speeding. This grant, which requires an $6,720.00 in-kind match by the City, and a voluntary cash match of $1,029.00 by the City, is more particularly described in the City Council Agenda Report dated September 2, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents required to accept this grant. All such documents shall be approved as to form by the City Attorney. 141 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. APPROVED ATTEST: �n� 9 V ,(�1 . our. (� ICSI?e—AAAA4d'"%--- Stephanie M. Moon ReynooTds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40042-090214. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a speed enforcement traffic safety grant, amending and reordaining certain sections of the 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 Overtime Wages 35-640-3478-1003 $ 13,440.00 FICA 35-640-3478-1120 1,029.00 Revenues DMV Speed Enforcement FY15 - Grant 35-640-3478-3478 13,440.00 DMV Speed Enforcement FY15 - Local 35-640-3478-3479 1,029.00 142 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED A,TTTE_ST: 2 Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40043-090214. A RESOLUTION accepting the Fiscal Year 2014 - 2015 Community Development Block Grant, HOME Investment Partnerships Program funds, and Emergency Solutions Grant funds; and authorizing the City Manager to execute Grant Agreements, Funding Approvals and other documents required by the United States Department of Housing and Urban Development, and such subgrant agreements, amendments and other documents as may be required pursuant to the Annual Update to the 2010 - 2015 Consolidated Plan, under certain conditions. BE IT RESOLVED by the Council of the City of Roanoke ("Council") as follows: 1. The Fiscal Year 2014 - 2015 Community Development Block Grant in the amount of $1,553,163.00, HOME Investment Partnerships Program funds in the amount of $485,469.00, and the Emergency Solutions Grant Program funds in the amount of $128,203.00, are hereby ACCEPTED. 2. The City Manager and the City Clerk are authorized to execute and attest, respectively, Grant Agreements, Funding Approvals and other documents, required by the United States Department of Housing and Urban Development ("HUD"), and any and all understandings, assurances and documents relating thereto, to accept such funds, each of such documents to be in such form as is approved by the City Attorney, as more particularly set out in the City Council Agenda Report dated September 2, 2014, to this Council. 143 3. The City Manager and the City Clerk are further authorized to execute and attest, respectively, such subgrant agreements and amendments as may be required pursuant to the Fiscal Year 2014 - 2015 Annual Update to the 2010 - 2015 Consolidated Plan ("Annual Update") approved by Council by Resolution No. 39937-051214, on May 12, 2014, and as may otherwise exceed the City Manager's authority under Section 2-124 of the Code of the City of Roanoke (1979), 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 by the City Attorney. APPROVED ATTEST: Stephanie M. MoonReynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40044-090214. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency Solutions Grant (ESG), 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 HOME — Regular Employee Salaries 35-090-5390-1002 $ 20,528.00 HOME — City Retirement 35-090-5390-1105 3,202.00 HOME - FICA 35-090-5390-1120 1,570.00 HOME — Medical Insurance 35-090-5390-1125 2,381.00 HOME — Dental Insurance 35-090-5390-1126 149.00 HOME — Life Insurance 35-090-5390-1130 244.00 HOME — Disability Insurance 35-090-5390-1131 7.00 HOME — Fees for Professional Services 35-090-5390-2010 9,000.00 HOME —Administrative Supplies 35-090-5390-2030 300.00 HOME —Training and Development 35-090-5390-2044 10,000.00 144 HOME — Postage 35-090-5390-2160 166.00 HOME — DoT Billings 35-090-5390-7005 1,000.00 HOME — West End New Home Ownership 35-090-5390-5607 368,922.00 Habitat HOME —West End Single Family Rehab 35-090-5390-5632 225,000.00 CHP ESG — Program Activities 35-E15-5285-2066 5,000.00 ESG — Trust House 35-E15-5285-5251 34,203.00 ESG — Council of Community Services 35-E15-5285-5618 59,000.00 ESG — Community Services Planning 35-E15-5285-5623 3,500.00 ESG — Family Promise 35-E15-5285-5644 26,500.00 CDBG — Empowering Individuals with 50,000.00 Disabilities 35-G15-1519-5057 CDBG — Demolition 35-G15-1519-5108 75,000.00 CDBG — Mortgage Assistance Program 35-G15-1519-5399 200,000.00 CDBG — Emergency Home Repair TAP 35-G15-1519-5470 75,000.00 CDBG — World Changers 35-G15-1519-5486 75,000.00 CDBG —West End New Home Ownership 35-G15-1520-5607 193,967.00 Habitat CDBG —West End Owner Occupied 35-G15-1520-5610 90,000.00 Rehab- RTR CDBG — West End Owner Occupied 35-G15-1520-5627 207,200.00 `' Rehab- SERCAP CDBG — West End Energy Efficient Rehab - 35-G15-1520-5630 72,500.00 CHP CDBG — West End Infrastructure 35-G15-1520-5641 260,000.00 Improvements CDBG — Commercial Façade Program 35-G15-1520-5645 100,000.00 CDBG — Regular Employee Salaries 35-G15-1522-1002 158,389.00 CDBG — City Retirement 35-G15-1522-1105 24,709.00 CDBG - RCA 35-G15-1522-1120 12,117.00 CDBG — Medical Insurance 35-G15-1522-1125 18,787.00 CDBG — Dental Insurance 35-G15-1522-1126 1,175.00 CDBG — Life Insurance 35-G15-1522-1130 1,885.00 CDBG — Disability Insurance 35-G15-1522-1131 44.00 CDBG — Fees for Professional Services 35-G15-1522-2010 20,000.00 CDBG — Advertising 35-G15-1522-2015 4,000.00 CDBG — Telephone 35-G15-1522-2020 1,500.00 CDBG —Administrative Supplies 35-G15-1522-2030 2,500.00 CDBG — Expendable Equipment 35-G15-1522-2035 2,500.00 (45000.00) CDBG — Dues and Membership 35-G15-1522-2042 2,000.00 CDBG —Training and Development 35-G15-1522-2044 15,000.00 CDBG — Local Mileage 35-G15-1522-2046 150.00 145 CDBG — Printing 35-G15-1522-2075 3,000.00 CDBG — Postage 35-G15-1522-2160 1,000.00 CDBG — Neighborhood Planning Activities 35-G15-1522-5634 20,000.00 CDBG — DoT Billings 35-G15-1522-7005 4,591 .00 CDBG — Risk Management 35-G15-1522-7017 500.00 CDBG — Regular Employee Salaries 35-G15-1523-1002 104,626.00 CDBG — City Retirement 35-G15-1523-1105 18,906.00 CDBG - FICA 35-G15-1523-1120 8,004.00 CDBG — Medical Insurance 35-G15-1523-1125 15,932.00 CDBG — Dental Insurance 35-G15-1523-1126 1,067.00 CDBG — Life Insurance 35-G15-1523-1130 1,245.00 CDBG — Disability Insurance 35-G15-1523-1131 220.00 CDBG — Regular Employee Salaries 35-G15-1539-1002 71,705.00 CDBG — City Retirement 35-G15-1539-1105 12,993.00 CDBG - FICA 35-G15-1539-1120 5,485.00 CDBG — Medical Insurance 35-G15-1539-1125 11,328.00 CDBG — Dental Insurance 35-G15-1539-1126 660.00 CDBG — Life Insurance 35-G15-1539-1130 853.00 CDBG — Disability Insurance 35-G15-1539-1131 200.00 CDBG —Telephone - Cellular 35-G15-1539-2021 800.00 CDBG — Local Mileage 35-G15-1539-2046 1,388.00 CDBG — Rent 35-G15-1539-3075 3,600.00 CDBG —Apple Ridge Farm 35-G15-1539-5084 26,250.00 CDBG —TAP African American Male 35-G15-1539-5554 15,000.00 Students CDBG — Children's Trust 35-G15-1539-5569 27,000.00 CDBG — Home Stabilization for Families in 35-G15-1539-5604 44,000.00 Need CDBG — Training and Development 35-G15-1544-2044 2,000.00 CDBG — Neighborhood Development 35-G15-1544-5642 22,387.00 Revenues HOME Entitlement FY15 35-090-5390-5390 642,469.00 ESG Entitlement FY15 35-E15-5285-5285 128,203.00 CDBG Entitlement FY15 35-G15-1500-3501 2,088,163.00 146 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. a APPROVED ATTEST: . ` tk otratka,„: ire"Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of September, 2014. No. 40045-090214. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) for the Community Development Block Grant Program (CDBG), HOME Investment Partnerships Program, and Emergency Solutions Grant (ESG), 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 HOME — Reserve Rehabilitation Project 35-090-5370-5527 $(10,410.00) Funds HOME — Hurt Park TAP Home Owner 35-090-5375-5548 (124,790.00) CHDO Project HOME — Regular Employee Salaries 35-090-5380-1002 (5,272.00) HOME — Mortgage Assistance Program 35-090-5380-5399 2,526.00 HOME — Regular Employee Salaries 35-090-5385-1002 (5,589.00) HOME — FICA 35-090-5385-1120 (428.00) HOME — Fees for Professional Services 35-090-5385-2010 (518.00) HOME —Administrative Supplies 35-090-5385-2030 (147.00) HOME — Expendable Equipment 35-090-5385-2035 (375.00) (<$5,000.00) HOME —Training and Development 35-090-5385-2044 (1,507.00) HOME —West End New Homeowner— 35-090-5385-5614 (2,617.00) Habitat Project 147 HOME — DOT Billings 35-090-5385-7005 (860.00) HOME — Regular Employee Salaries 35-090-5386-1002 (17,188.00) HOME — City Retirement 35-090-5386-1105 (2,621.00) HOME — FICA 35-090-5386-1120 (1,285.00) HOME — Medical Insurance 35-090-5386-1125 (2,117.00) HOME — Mortgage Assistance Program 35-090-5386-5399 (3,815.00) HOME — Fees for Professional Services 35-090-5387-2010 8,370.00 HOME — West End New Homeowner— 35-090-5387-5614 61,863.00 Habitat Project HOME — Mortgage Assistance Program 35-090-5388-5399 22,868.00 CDBG — Harrison Museum 35-G09-0930-5518 (100,000.00) CDBG — Reserve Rehab Project Funds 35-G10-1020-5527 (25,262.00) CDBG — Fees for Professional Services 35-G10-1029-2010 (5,250.00) CDBG — Environmental Review 35-G11-1121-5565 (7,600.00) CDBG — RRHA Hurt Park Acquisition Project 35-G12-1219-5580 (42,959.00) CDBG — Fair Housing Study 35-G12-1221-5284 (2,140.00) CDBG — Environmental Review 35-G12-1221-5565 (25,000.00) CDBG — Regular Employee Salaries 35-G12-1222-1002 7,935.00 CDBG — FICA 35-G12-1222-1120 607.00 CDBG — Regular Employee Salaries 35-G12-1223-1002 1,482.00 CDBG — FICA 35-G12-1223-1120 113.00 CDBG — Regular Employee Salaries 35-G12-1224-1002 (21,457.00) CDBG — City Retirement 35-G12-1224-1105 (3,049.00) CDBG - FICA 35-G12-1224-1120 (1,703.00) CDBG — Medical Insurance 35-G12-1224-1125 (3,420.00) CDBG — Fees for Professional Services 35-G12-1224-2010 (66,320.00) CDBG — Administrative Supplies 35-G12-1224-2030 (2,223.00) CDBG —Training and Development 35-G12-1224-2044 (1,358.00) CDBG — Printing 35-G12-1224-2075 (1,250.00) CDBG — Reserve Rehab Project Funds 35-G12-1224-5527 343,891.00 CDBG —Administrative Supplies 35-G12-1225-2030 (1,446.00) CDBG — Expendable Equipment 35-G12-1225-2035 (1,528.00) CDBG — Printing 35-G12-1225-2075 (1,250.00) CDBG — Mortgage Assistance Program 35-G12-1225-5399 (6,270.00) CDBG — DOT Billings 35-G12-1225-7005 (2,071.00) CDBG —Training and Development 35-G12-1239-2044 (4,250.00) CDBG — Local Mileage 35-G12-1239-2066 (520.00) CDBG — Overtime Wages 35-G12-1242-1003 (1,400.00) CDBG — FICA 35-G12-1242-1120 (107.00) CDBG — Regular Employee Salaries 35-G12-1243-1002 (11,266.00) CDBG — FICA 35-G12-1243-1120 (862.00) CDBG — Telephone 35-G12-1243-2021 (1,056.00) 148 CDBG — Local Mileage 35-G12-1243-2046 (923.00) •-14 CDBG — Hurt Park-MG 35-G12-1244-5371 (700.00) CDBG — Melrose/Rugby Neighborhood 35-G12-1244-5410 (100.00) Forum CDBG — Southeast Action Forum 35-G12-1244-5515 (64.00) CDBG — Fleming Ct. Neighborhood Watch 35-G12-1244-5517 (323.00) CDBG — Nazarene Neighborhood 35-G12-1244-5545 (163.00) CDBG — Mt. View Neighborhood Assoc. 35-G12-1244-5567 (705.00) CDBG — Gainsboro SW Community Org. 35-G12-1244-5586 (1,834.00) CDBG — Northwest Neighborhood Council 35-G12-1244-5587 (466.00) CDBG — Unprogrammed CDBG Carryover 35-G13-1319-5184 (1,179.00) Funds CDBG — Emergency Home Repair— TAP 35-G13-1319-5470 (72,895.00) CDBG — Emergency Home Repair— Support 35-G13-1319-5483 (15,339.00) CDBG —West End New Home Ownership - 35-G13-1319-5607 (43,144.00) Delivery CDBG —West End Property Acquisition - 35-G13-1319-5608 (100,000.00) Project CDBG — West End Property Acquisition - 35-G13-1319-5609 (25,000.00) Delivery CDBG — West End Preservation — TAP 35-G13-1319-5612 (80,000.00) Project 'Magi CDBG — West End Preservation —TAP 35-G13-1319-5613 (20,000.00) Delivery CDBG — Residential Façade Pilot Project 35-G13-1319-5619 (459.00) CDBG — Blight Remediation 35-G13-1319-5622 (7,500.00) CDBG — Regular Employee Salaries 35-G13-1320-1002 (1,907.00) CDBG — FICA 35-G13-1320-1120 (146.00) CDBG — Regular Employee Salaries 35-G13-1322-1002 (63,214.00) CDBG — City Retirement 35-G13-1322-1105 (9,668.00) CDBG — FICA 35-G13-1322-1120 (5,329.00) CDBG — Medical Insurance 35-G13-1322-1125 (4,032.00) CDBG — Dental Insurance 35-G13-1322-1126 (93.00) CDBG — Fees for Professional Services 35-G13-1322-2010 (2,390.00) CDBG —Advertising 35-G13-1322-2015 (1,368.00) CDBG —Administrative Supplies 35-G13-1322-2030 (3,293.00) CDBG — Printing 35-G13-1322-2075 (2,350.00) CDBG — DOT Billings 35-G13-1322-7005 (3,019.00) CDBG — Regular Employee Salaries 35-G13-1325-1002 (9,605.00) CDBG — RCA 35-G13-1325-1120 (735.00) CDBG — Expendable Equipment 35-G13-1325-2035 (1,750.00) • (<$5000.00) CDBG — Publications and Subscriptions 35-G13-1325-2040 (2,000.00) 149 • CDBG — Printing 35-G13-1325-2075 (1,250.00) CDBG — DOT Billings 35-G13-1325-7005 (2,071.00) CDBG — Overtime Wages 35-G13-1342-1003 (1,647.00) CDBG — FICA 35-G13-1342-1120 (239.00) CDBG — Regular Employee Salaries 35-G13-1343-1002 (17,696.00) CDBG — City Retirement 35-G13-1343-1105 (2,184.00) CDBG — Medical Insurance 35-G13-1343-1125 (3,355.00) CDBG — NDG Louden-Melrose 35-G13-1344-5592 (585.00) Neighborhood Repair CDBG — NDG Louden-Melrose 35-G13-1344-5593 (215.00) Neighborhood Training CDBG — NDG Northwest Neighborhood 35-G13-1344-5599 (484.00) Council CDBG — NDG Old Southwest Bicycle 35-G13-1344-5600 (85.00) Signage CDBG —West End Property Acquisition 35-014-1419-5608 (21,855.00) Project CDBG — Regular Employee Salaries 35-G14-1422-1002 109,121.00 CDBG — FICA 35-G14-1422-1120 8,348.00 CDBG — Children's Trust 35-G14-1438-5569 (13,050.00) CDBG — Regular Employee Salaries 35-G14-1443-1002 (5,771.00) CDBG — FICA 35-014-1443-1120 (442.00) CDBG — Melrose/Rugby Neighborhood 35-G14-1444-5278 2,700.00 Forum CDBG — NDG Old Southwest— Bus Shelter 35-014-1444-5639 (4,267.00) CDBG — NDG Southeast— Bicycle Signage 35-G14-1444-5640 (436.00) CDBG —West End Owner Occupied Rehab - 35-G15-1520-5627 22,800.00 SERCAP CDBG —West End Infrastructure 35-G15-1520-5641 496,757.00 Improvements Revenues HOME Entitlement FY10 35-090-5370-5370 (10,410.00) HOME Entitlement FY11 35-090-5375-5375 (124,790.00) HOME Entitlement FY12 35-090-5380-5380 (2,746.00) HOME Entitlement FY13 35-090-5385-5385 (39,067.00) HOME Entitlement FY14 35-090-5387 5387 54,180.00 HOME Program Income FY14 35-090-5387-5388 38,921.00 CDBG Entitlement FY09 35-G09-0900-2901 (100,000.00) CDBG Entitlement FY10 35-010-1000-3001 (30,512.00) CDBG Entitlement FY11 35-G11-1100-3101 (7,600.00) CDBG Entitlement FY12 35-012-1200-3201 145,845.00 CDBG Entitlement FY13 35-013-1300-3301 (597,561.00) CDBG Hotel Roanoke Loan Repayment 35-013-1300-3311 91,335.00 FY13 150 CDBG Entitlement FY14 35-G14-1400-3401 (549,122.00) CDBG Other Program Income RRHA 35-G14-1400-3402 119,952.00 CDBG Hotel Roanoke Loan Repayment 35-G14-1400-3404 503,518.00 FY14 CDBG Entitlement FY15 35-G15-1500-3501 519,557.00 Pursuant 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, David City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40046-090214. A RESOLUTION requesting the Roanoke Valley Area Metropolitan Planning Organization to fund a Regional Surface Transportation Program Project for expansion and completion of the Tinker Creek Greenway in Roanoke; and authorizing the City Manager to execute the required applications and to take any other actions necessary to respond to any inquiries or provide supplemental information as may be necessary to apply for, implement and administer such grant. WHEREAS, the City of Roanoke, Roanoke County, Botetourt County, the Town of Vinton and the Roanoke Valley Greenway Commission, desire to exhibit unanimous support for all Regional Surface Transportation Program ("RSTP") applications involving the Tinker Creek Greenway submitted to the Roanoke Valley Area Metropolitan Planning Organization ("RVAMPO") with the goal of expanding and completing the Tinker Creek Greenway in all four jurisdictions; WHEREAS, the Tinker Creek Greenway alignment is designated as a Priority Two Greenway in the 2007 Update to the Roanoke Valley Conceptual Greenway Plan and is planned to connect the Roanoke River Greenway to Carvins Cove Natural Reserve; WHEREAS, the Tinker Creek Greenway Conceptual Master Plan was developed by the Roanoke Valley Greenway Commission and Virginia Tech Landscape Architecture students in the Landscape Architecture Department, in cooperation with the 151 City of Roanoke, Town of Vinton and Roanoke County in Spring, 2000, to identify potential routes for the Tinker Creek Greenway between Fallon Park and Carvins Cove Natural Reserve; WHEREAS, the Tinker Creek Greenway has been completed between (1) the Roanoke River Greenway and Fallon Park in the City of Roanoke, and (2) Carvins Cove Natural Reserve and the trailhead parking lot north of Interstate 81 in Botetourt County and Roanoke County; WHEREAS, Botetourt County has developed a Comprehensive Trail Plan to direct the expansion and enhancement of its trail inventory to include establishing trail connections to the Tinker Creek Greenway for the benefit of residents in southern Botetourt County, eastern Roanoke County and other trail users; and WHEREAS, the focus of the RSTP applications is to expand and complete the Tinker Creek Greenway between Fallon Park in the City of Roanoke and the trailhead parking lot north of Interstate 81 in Roanoke County as well as into Botetourt County; THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That City Council requests that the RVAMPO fund projects for the expansion and completion of the multijurisdictional Tinker Creek Greenway in the City of Roanoke, Roanoke County, Botetourt County and the Town of Vinton, as is more fully set forth in the City Council Agenda Report dated September 2, 2014; 2. The City Manager is hereby authorized to apply for and administer RSTP funding up to $400,000.00 for the regional Tinker Creek Greenway Planning Study; and 3. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's application for the RSTP funding, such documents to be approved as to form by the City Attorney, and to take any other actions to respond to any inquiries or provide supplemental information as may be necessary to apply for, implement, and administer such grant. APPROVED ATTTEST: �- Stephanie M. Moon Tte no s, MMC David A. Bowers P eyno Clerk Mayor 152 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, • The 2nd day of September, 2014. No. 40047-090214. A RESOLUTION approving the terms of a Letter Agreement between the City of Roanoke, Virginia, and Fairlawn at Jefferson, LLC, for access to parking permits for the Boxley Building Project (Project); authorizing the City Manager to execute the Letter Agreement referred to above; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of a Letter Agreement between the City of Roanoke, Virginia, and Fairlawn at Jefferson, LLC, for access to unreserved residential and commercial parking permits for the Project, as set forth in the attachment to the City Council Agenda Report dated September 2, 2014. 2. The City Manager is authorized on behalf of the City to execute a Letter Agreement between the City of Roanoke, Virginia, and Fairlawn at Jefferson, LLC, for access to unreserved residential and commercial parking permits for the Project, upon certain terms and conditions as set forth in the City Council Agenda Report dated September 2, 2014. Such Letter Agreement shall be substantially similar to the one attached to such report and in a form approved by the City Attorney. 3. The City Manager is further authorized to execute such other documents and take such further actions as may be necessary to implement, administer, and enforce such Letter Agreement. APPROVED ATTEST: L SaAAe■ Stephanie M. Moon eyno s, MMC David A. Bowers City Clerk Mayor 153 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of September, 2014. No. 40048-090214. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session and meetings of the Urban Section of the Virginia Municipal League and designating a Staff Assistant for any meetings of the Urban Section. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. For the Annual Business Session of the Virginia Municipal League to be held during the League's 2014 Annual Conference scheduled for October 5 - 7, 2014, and for any meetings of the Urban Section held in conjunction with the Annual Conference of the League, The Honorable Anita Price is hereby designated Voting Delegate, and The Honorable David Trinkle is hereby designated Alternate Voting Delegate. 2. For any meetings of the Urban Section of the Virginia Municipal League to be held in conjunction with the League's 2014 Annual Conference, Christopher Morrill, City Manager, shall be designated Staff Assistant. 3. The City Clerk is directed to complete any forms required by the Virginia Municipal League for designation of Voting Delegate, Alternate Voting Delegate, and Staff Assistant and to forward such forms to the League. APPROVED ATTEST: Inset Stephanie M. Moon Reyn s, MMC David A. Bowers City Clerk Mayor 154 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40049-091514. A RESOLUTION authorizing acceptance of the State Criminal Alien Assistance Program (SCAAP) Grant made to the City of Roanoke Sheriff's Department by the Bureau of Justice Assistance Office in conjunction with the U. S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept the State Criminal Alien Assistance Program (SCAAP) Grant in the amount of $11,705.00 to the Roanoke City Sheriff's Department to partially fund the purchase a new inmate transport vehicle. Such grant being more particularly described in the City Council Agenda Report dated September 15, 2014. 2. The Sheriff and the City Manager are hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The Sheriff and the City Manager are further directed to furnish such additional information as may be required by the Bureau of Justice Assistance Office in connection with the acceptance of the foregoing grant. APPROVED AT�TEST:� h, /), Stephanie M. Moon Reyn Ids, MMC David A. Bowers City Clerk Mayor 155 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40050-091514. AN ORDINANCE to appropriate funding from the Federal government for the State Criminal Alien Assistance Program (SCAAP), 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 Vehicular Equipment 35-140-5918-9010 $11,705.00 Revenues SCAAP FY15 35-140-5918-5915 11,705.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon ol.s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40051-091514. A RESOLUTION authorizing the application and acceptance of the Assistance to Firefighters Grant to the City from the U.S. Department of Homeland Security, and authorizing execution of any required documentation on behalf of the City. w - BE IT RESOLVED by the Council of the City of Roanoke as follows: 156 1. The City of Roanoke hereby ratifies retroactively the City's application to the U.S. Department of Homeland Security, for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the Assistance to Firefighters Grant in the amount of $124,740.00, with a local match of $13,861.00, making a total award of $138,601.00, to be used by the Roanoke Fire-EMS Department to purchase seven (7) power load stretcher systems for existing front line ambulances, which are more particularly described in the City Council Agenda Report dated September 15, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents required to accept this grant. All such documents shall be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the U.S. Department of Homeland Security, in connection with the application and acceptance of the foregoing grant. APPROVED ATTEST: 454:FL,..AitY) rektatrY(\4),Att 42) IW"CaVtb" Stephanie M. Moon eynol s, MMC David A. Bowers City Clerk Mayor . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40052-091514. AN ORDINANCE to appropriate funding from the Federal Emergency Management Agency (FEMA) for the Assistance to Firefighters Program, amending and reordaining certain sections of the 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 Other Equipment 35-520-3758-9015 $138,601.00 Revenues --r Assistance to Firefighters FY13 35-520-3758-3758 124,740.00 Assistance to Firefighters FY13 — Local Match 35-520-3758-3759 13,861.00 157 Pursuant 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 15th day of September, 2014. No. 40053-091514. A RESOLUTION authorizing the application and acceptance of the Virginia Homeless Solutions Program Grant ("Grant") by the Virginia Department of Housing and Community Development ("DHCD") in the amount of $92,685.00; authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; and authorizing the City Manager to execute any documentation required to accept the Grant on behalf of the City, including Memoranda of Understanding with certain provider agencies. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby ratifies retroactively the City's application to the DHCD, for the Grant pursuant to Section 2-124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the Virginia Homeless Solutions Program Grant in the amount of $92,685.00, with a local in-kind match in the amount of $48,000.00 to be provided by the City for the Central Intake program, and local in-kind matches to be provided by the provider agencies consisting of Council of Community Services, in the amount of $9,000.00, and Safehome Systems, Inc., in the amount of $8,930.00, such proceeds to be used during the term of the Grant beginning July 1, 2014, and ending June 30, 2015, all as more particularly set forth in the City Council Agenda Report dated September 15, 2014. The Grant will be used by the City and the provider agencies to assist eligible households experiencing homelessness to obtain and maintain housing stability, upon the terms as more particularly set forth in the above referenced City Council Agenda Report. 2. The City of Roanoke is authorized to be the primary fiscal agent for this Grant, and shall be responsible for distributing the Grant proceeds to the provider ..- agencies for services provided to the eligible households as more particularly set forth in the above referenced City Council Agenda Report. 158 3. The City Manager is hereby authorized to execute and file, on behalf of the City, the Grant agreement with the DHCD and all necessary documents required to accept the Grant, including Memoranda of Understanding with the provider agencies performing the services under the Grant. All documents shall be upon form approved by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the application and the City's acceptance of this Grant. APPROVED ATTEST: Stephanie M. Moon R olds, MC \\� David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. a No. 40054-091514. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia Department of Community Development for the Virginia Homeless Solutions Program, 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 Regular Employee Salaries 35-630-5403-1002 $31,992.00 City Retirement 35-630-5403-1105 6,879.00 401 H Health Savings Match 35-630-5403-1117 309.00 FICA 35-630-5403-1120 2,447.00 Medical Insurance 35-630-5403-1125 5,892.00 Dental Insurance 35-630-5403-1126 656.00 Life Insurance 35-630-5403-1130 408.00 ,. Fees for Professional Services 35-630-5403-2010 2,586.00 Telephone 35-630-5403-2020 1,224.00 159 Administrative Supplies 35-630-5403-2030 2,500.00 Training and Development 35-630-5403-2044 2,000.00 Program Activities 35-630-5403-2066 9,000.00 ESG-Council of Community Services 35-630-5403-5618 26,792.00 Revenues VA Homeless Solutions FY15 35-630-5403-5403 92,685.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: --&-t4ALLAYV YY-tOsn Stephanie M. Moon Reynolds,Y David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40055-091514. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Wyoming Avenue/Westside Boulevard Drainage Improvements 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 of this Ordinance by title. 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 September 15, 2014, for the Wyoming Avenue/Westside Boulevard Drainage Improvements Project in the general vicinity of the 3900 and 4000 blocks of Wyoming Avenue, N. W. and Kentucky Avenue, N. W., 1300 block of Gilbert Road and Westside Boulevard, and 3900 block of Tennessee Avenue, N. W., 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 parcels of real property referred to in the above mentioned Agenda Report and any other parcels of real 160 property 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 interests 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: Stephanie M. Moon yno MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40056-091514. A RESOLUTION authorizing the acceptance of the FY 2014 Edward Byrne Memorial Justice Assistance Grant Program made to the City of Roanoke by the United States Department of Justice, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke does hereby accept the Grant from the United States Department of Justice pursuant to the FY 2014 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $51,029.00 to the Roanoke City Police Department to support its bicycle patrol program; and $34,020.00 to the Roanoke City Sheriff's Department for surveillance and security improvements. No local match is required from the City. Such grant being more particularly described in the City Council Agenda Report dated September 15, 2014. . . 161 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by the United States Department of Justice in connection with acceptance of the foregoing Grant. APPROVED ATTEST: itIPLAA -11 . her, ocn40-‘ 7:0Q(SER„.„ Stephanie M. Moon t ds, NAMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40057-091514. AN ORDINANCE to appropriate funding from the Federal government, Department of Justice, for the Byrne Memorial Justice Assistance Grant (JAG) Program, amending and reordaining certain sections of the 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 Sheriff- Expendable Equipment (<$5,000.00) 35-140-5917-2035 $34,020.00 Police - Overtime 35-640-3626-1003 40,000.00 Police - FICA 35-640-3626-1120 3,060.00 Police - Expendable Equipment (<$5,000.00) 35-640-3626-2035 2,969.00 Police —Wearing Apparel 35-640-3626-2064 5,000.00 Revenues Byrne/JAG Sheriff Technology Improve FY15 35-140-5917-5917 34,020.00 Byrne/JAG Police Bike Patrol FY15 35-640-3626-3626 51,029.00 162 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. —� APPROVED ATTEST: Stephanie M. Moon Re olds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40058-091514. AN ORDINANCE approving the terms of an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg; authorizing the City Manager to execute such Agreement; authorizing the City Manager to implement, administer, and enforce such Agreement; and dispensing —44 with the second reading of this Ordinance by title. WHEREAS, the City of Roanoke, Virginia ("City"), entered into a Contract for Purchase and Sale of Real Property ("Contract") regarding the Original Parcel with Blue Hills Village, LLC ("BHV"), dated August 9, 2006, and a subsequent amendment to the Contract dated September 21, 2006; WHEREAS, by deed dated October 11, 2006, the City conveyed the original parcel to BHV subject to certain terms and conditions, including the limitations on future development as set forth in the Original BHV Concept Plan. BHV then granted two deeds of trust to The National Bank of Blacksburg to secure certain financial obligations of BHV owed to The National Bank of Blacksburg, and these deeds of trust were subject to all terms, conditions, restrictions, and reservations as set forth in the original deed from the City of Roanoke; WHEREAS, BHV subdivided the original parcel into seven (7) parcels as depicted in a subdivision plat, which was recorded on August 21, 2007, and each of these parcels created by the subdivision plat were subject to the limitations of the Original BHV Concept Plan; 163 WHEREAS, BHV requested the City to consider an amendment to the Original BHV Concept Plan that would change the principal use allowed on two adjacent parcels and City Council adopted Ordinance No. 38788-050310, dated May 3, 2010, and approved this modification to the Original BHV Concept Plan by replacing such concept plan with the Revised BHV Concept Plan, and authorized the execution of an amended deed which was recorded in May, 2010; WHEREAS, in December, 2013, BHV conveyed the five remaining parcels located within the City to the National Bank of Blacksburg by deed in lieu of foreclosure; and WHEREAS, the National Bank of Blacksburg has requested the City to amend the development restrictions imposed on the five (5) vacant parcels, and as set forth in the Revised BHV Concept Plan. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the terms of an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg ("Agreement"), all as more fully set forth in the City Council Agenda Report dated September 15, 2014. 2. The City Manager is authorized to execute, on behalf of the City, an Agreement to Modify Blue Hills Village Concept Plan between the City of Roanoke, Virginia, and the National Bank of Blacksburg, which Agreement shall be in a form approved by the City Attorney and shall be substantially similar to the Agreement attached to the above mentioned Agenda Report. 3. The City Manager is hereby authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Agreement, with any such documents 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 of this Ordinance by title is hereby dispensed with. APPROVED ATT�EST:: AT . _ Stephanie M. Moon Reynold*;, MMC David A. Bowers City Clerk Mayor 164 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40059-091514. AN ORDINANCE allowing an encroachment requested by Roanoke River Investments, LLC, a Virginia limited liability company, one of the developers of THE BRIDGES, a project designed to redevelop a portion of the area located along the Roanoke River ("Project"), of private street lights to be constructed by Roanoke River Investments, LLC, into the public right of way adjacent to private properties designated as Official Tax Map Nos. 4040403, 4040404, 4040405, 4040406, 4040407, and 4040408, located along Old Woods Avenue, S. E., and/or Old Whitmore Avenue, S. E., in Roanoke, Virginia, in connection with Phase I of the Project, upon certain terms and conditions; repealing Ordinance No. 40017-080414, adopted by City Council on August 4, 2014; and dispensing with the second reading of this Ordinance by title. WHEREAS, City Council adopted Ordinance No. 40017-080414, on August 4, 2014, which authorized RRI Apartments I, LLC, one of the developers of the Project, to construct private street lights into the City's public right-of-way, upon RRI Apartments I, LLC, meeting certain terms and conditions; WHEREAS, subsequent to the adoption of Ordinance No. 40017-080414, WVS Companies, the principal developer of the Project, and RRI Apartments I, LLC, `+ requested that the encroachment permit authorizing the street lights to be constructed in the public right of way be in the name of Roanoke River Investments, LLC, rather than RRI Apartments I, LLC; WHEREAS, City staff requests City Council to repeal Ordinance No. 40017- 080414, adopted August 4, 2014, as the encroachment permit granted to RRI Apartments I, LLC, for placement of the private street lights into the public right of way, will be replaced with the encroachment permit requested to be granted to Roanoke River Investments, LLC, for such purpose . NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. For reasons set forth above, Ordinance No. 40017-080414, adopted on August 4, 2014, is hereby REPEALED. 2. Authorization is hereby granted to Roanoke River Investments, LLC to allow the placement and encroachment of private street lights to be constructed into the public right of way adjacent to properties designated as Official Tax Map Nos. 4040403, Vir 4040404, 4040405, 4040406, 4040407, and 4040408, located in the City of Roanoke, Virginia, along Old Whitmore Avenue, S. E. and/or Old Woods Avenue, S. E., for such 165 street lighting to better conform to the overall design characteristics and style of the Project, in connection with Phase I of the Project, as more particularly set forth and described in the City Council Agenda Report dated September 15, 2014. 3. Roanoke River Investments, LLC, agrees that, in maintaining such encroachment, Roanoke River Investments, 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. Roanoke River Investments, LLC, 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 Roanoke River Investments, LLC, Roanoke River Investments, LLC, agrees that it shall repair, restore, and replace any damage to the encroachment, and any damage to the land, caused by the placement and removal of the encroachment, at the sole cost and expense of Roanoke River Investments, LLC. 4. Roanoke River Investments, 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 by the Office of the City Clerk for the City of Roanoke, Virginia, 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 Roanoke River Investments, LLC, P. O. Box 8029, Richmond, VA 23223-8029. 6. This Ordinance shall be in full force and effect at such time as a copy of this Ordinance, duly signed, sealed, and acknowledged by Roanoke River Investments, LLC, has been admitted to record, at the cost of Roanoke River Investments, 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 4 above is on file in the Office of the City Clerk. In the event this Ordinance is not signed by Roanoke River Investments, 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. 7. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with 166 The undersigned acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. Roanoke River Investments, LLC, a Virginia limited liability company, By: Printed Name: Richard Souter Title: Manager COMMONWEALTH OF VIRGINIA) To-wit: 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 , 2014, by Richard Souter, the Manager, of Roanoke River Investments, LLC, a Virginia limited liability company, for and on behalf of such company. My Commission expires: ... Notary Public Registration No. APPROVED ATTEST: Stephanie M. Moon Reynatds, Mad David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40060-091514. AN ORDINANCE to appropriate funding from the Federal government grants for various educational programs, amending and reordaining certain sections of the ^+ 2014 - 2015 School Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. brad 167 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional Supplies 302-120-0000-0000-111G-61100-46614-9-02 $5,000.00 Revenues Federal Grant 302-000-0000-0000-111G-00000-38027-0-00 5,000.00 Receipts Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon ReynbIds, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40061-091514. A RESOLUTION supporting the Virginia Municipal League's Healthy Eating Active Living (HEAL) initiative. WHEREAS, in January 2013, the Virginia Municipal League (VML) entered into a memorandum of understanding with the Institute for Public Health Innovation to work together on the Healthy Eating Active Living (HEAL) Cities & Towns Campaign; WHEREAS, high rates of costly chronic disease among both children and adults are correlated to environments with few or no options for healthy eating and active living; WHEREAS, the City of Roanoke is committed to the health and wellness of its employees and citizens; WHEREAS, the City of Roanoke plans and constructs an environment that encourages physical activity to promote health and wellness; 168 WHEREAS, the City of Roanoke is home to 70 public parks and more than 16 miles of greenway; ,. WHEREAS, the City of Roanoke maintains various major thoroughfares within the City including bicycle lanes, totaling 25 miles; WHEREAS, the City of Roanoke has an employee bicyclist group that participates in group bike rides throughout the area; WHEREAS, supporting the health of residents and the workforce decreases chronic disease and health care costs and increases productivity; and WHEREAS, the City of Roanoke is committed to continuing partnerships with the Roanoke City Public Schools, United Way of Roanoke Valley, Healthy Roanoke Valley, New Horizons Healthcare, the Virginia Department of Health, Carilion Clinic, YMCA of Roanoke Valley, Feeding America Southwest Virginia, the Virginia Cooperative Extension and the Roanoke Community Garden Association to promote healthy lifestyles and lower the rates of chronic conditions such as obesity, diabetes, heart disease, cancer, arthritis, stroke, and hypertension. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Roanoke does hereby recognize that chronic health conditions are a serious threat to the health and well-being of adults, children and families, and a commitment is needed to put healthy choices within reach of all residents, and to this end, adopts this Healthy Eating Active Living (HEAL) resolution and commits to continue its partnership with non-profit health service providers and non-profit groups that promote healthy lifestyles. APPROVED ATTEST: • iflYk t g- gA Stephanie M. Moon t nolds, lV1MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40062-091514. 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, 169 2004 and Ordinance No. 37875-082007, adopted August 20, 2007, to the extent that they placed certain conditions on properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin Road, S. W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, respectively; to amend the applicable Planned Unit Development Plan pertaining to the aforementioned properties; and dispensing with the second reading of this Ordinance by title. 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, and Ordinance No. 37875-082007, adopted August 20, 2007, to the extent that they placed certain conditions on properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin Road, S. W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, respectively; and to amend the Planned Unit Development Plan pertaining to such properties, to permit use of the property for a financial institution; office, general or professional; business service establishment, not otherwise listed; medical clinic; mixed use building; bakery, confectionary, or similar food production, retail; general service establishment, not otherwise listed; personal service establishment, not otherwise listed; pet grooming; retail sales establishment, not otherwise listed; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; entertainment establishment, abutting a residential district; entertainment establishment, not abutting a residential district; health and fitness center; meeting hall; parking, off-site; dwelling, multifamily instead of a mixed use facility with retail, restaurant, office, underground parking, and parking garage previously permitted by the adoption of Ordinance No. 36925-122004, by City Council on December 20, 2004, and Ordinance No. 37875-082007, by City Council on August 20, 2007; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 15, 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 as described herein; and WHEREAS, City 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 Amendment Amended Application No. 1 dated August 27, 2014, as herein provided. 4 . 170 THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 36925-122004, adopted December 20, 2004, and ` a Ordinance No. 37875-082007, adopted August 20, 2007, to the extent they placed certain conditions on properties located at 2207, 2203, 2309, 2219, 2239, zero (0), and 2211 Franklin Road, S. W., bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, respectively, are hereby REPEALED as set forth in the Zoning Amendment Amended Application No. 1 dated August 27, 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. 2. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect not only the repeal of Ordinance No. 36925-122004, adopted December 20, 2004, and Ordinance No. 37875-082007, adopted August 20, 2007, as set forth herein, but also the amendment of the Planned Unit Development Plan proffered as a condition of the conditional rezoning, as it pertains to the properties bearing Official Tax Map Nos. 1150102, 1150104, 1150106, 1150108, 1150109, 1150112, and 1150113, as set forth in the Zoning Amendment Amended Application No. 1 dated August 27, 2014. 3. Pursuant to the provisions of Section 12 of the City Charter, the second .-u reading of this Ordinance by title is hereby dispensed with. - APPROVED ATTEST: Stephanie M. Moon Reynolds, NfMC David d A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40063-091514. 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 establish a Comprehensive Sign Overlay District at 1530 Courtland Road, N. E.; and dispensing with the second reading of this Ordinance by title. 171 WHEREAS, 360 Toyota, LLC, has made application with the Council of the City of Roanoke, Virginia ("City Council"), to establish a Comprehensive Sign Overlay District on the hereinafter described property within the City, zoned CLS, Commercial- Large Site, with conditions; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 15, 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 establishment of the comprehensive sign overlay district; 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 that the hereinafter described property located at 1530 Court land Road, N. E., being more specifically identified as Official Tax Map No. 3070316, should be designated as a Comprehensive Sign Overlay District, as herein provided, and finds that such district meets the standards set forth in §36.2-336, Code of the City of Roanoke (1979), as amended, and will serve the public purposes and objectives set forth in §36.2-660 of the Code of the City of Roanoke (1979), as amended, at least as well, or better, than the signage that would otherwise be required or permitted by Chapter 36.2. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. §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. 3070316, located at 1530 Court land Road, N. E., be, and is hereby established as a Comprehensive Sign Overlay District zoned CLS, Commercial-Large Site, with conditions, such district initially allowing signs being subject to certain height, area, facing and site restrictions and cumulative square footage limitations, as set forth in the Zoning Amendment Amended Application No. 1 dated August 27, 2014. 172 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 ATTEcST: `,,_ TEA:SP,. Stephanie M. Moon Reynolds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40064-091514. AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the Institutional Planned Unit Development Plan, as it pertains to 1130 Overland Road, S. W., bearing Official Tax Map No. 1380103; and dispensing with the second reading of this Ordinance by title. WHEREAS, Roanoke Valley Swimming, Inc., has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the Institutional Planned Unit Development Plan, to permit construction of three individual additions to the existing building previously permitted by Ordinance No. 37269-120505, adopted by City Council on December 5, 2005, and associated site development, as the Institutional Planned Unit Development Plan pertains to the parcel bearing Official Tax Map No. 1380103; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on September 15, 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 amendment of the Institutional Planned Unit Development Plan, for the property described as Official Tax Map No. 1380103; and .•. S..— 173 WHEREAS, City Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Institutional Planned Unit Development Plan, as it pertains to the parcel bearing Official Tax Map No. 1380103, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Institutional Planned Unit Development Plan, as it pertains to the parcel bearing Official Tax Map No. 1380103, as set forth in the Zoning Amendment Amended Application No. 1, dated August 5, 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: Stephanie M. Moon Re dtusk, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of September, 2014. No. 40065-091514. AN ORDINANCE accepting the bid of Carilion Medical Center to execute a Naming and Sponsorship Agreement with the City to name a children's playground to be constructed in Elmwood Park, located at 706 Jefferson Street, S. E., in the City of Roanoke, Virginia, designated as Roanoke Official Tax Map No. 4013201 (Naming Rights Agreement); authorizing the execution of the Naming Rights Agreement and certain related documents; authorizing the City Manager to take such further actions and execute such further documents as may be necessary to implement, administer, and enforce the Naming Rights Agreement; providing for an effective date; and dispensing with the second reading by title of this Ordinance. 174 WHEREAS, the City of Roanoke, Virginia (City) owns Elmwood Park, on which is located an Amphitheatre, recreational trails, and the Main Branch of the Roanoke Public Library; WHEREAS, to further benefit the residents of the City and promote Elmwood Park's offerings, the City is designing, constructing, and installing a children's playground in Elmwood Park (Playground), in a location immediately adjacent to the Main Branch of the Roanoke Public Library; WHEREAS, the City is interested in selling the naming rights related to the Playground for a period of fifteen (15) years to help offset the costs of such playground; WHEREAS, City Council has determined that the sale of the naming rights of the Playground will assist in the operation, maintenance and promotion of Elmwood Park and the Roanoke Public Library, and serve to benefit the residents of the City; WHEREAS, the City has, by advertisement published once a week for two (2) successive weeks in The Roanoke Times, a newspaper of general circulation in the City, publicly invited bids for the execution of a Naming Rights Agreement, a copy of which Naming Rights Agreement has been available to the public for review; WHEREAS, one bid for the execution of a Naming Rights Agreement was "amp received pursuant to the advertisement and was publicly opened at the City Council meeting held on September 15, 2014; I WHEREAS, after proper and timely notice as required by the Code of Virginia, Council held a public hearing on this matter at its meeting on September 15, 2014, at which time all persons were accorded a full and fair opportunity to comment with respect to the proposed Naming Rights Agreement; WHEREAS, the matter was referred to the Assistant City Manager for evaluation and recommendation; WHEREAS, on September 15, 2014, Carilion Medical Center (Recommended Bidder) submitted a bid for the execution of the Naming Rights Agreement for the purpose mentioned above upon substantially the same terms as contained in the proposed Naming Rights Agreement that was on file in the City Clerk's Office; WHEREAS, after review of the bid received by the Assistant City Manager, the Assistant City Manager recommends that Council accept the bid of the Recommended Bidder and approve the execution of the Naming Rights Agreement, substantially similar to the copy attached to the City Council Agenda Report dated September 15, 2014; d 175 WHEREAS, Council determined that the bid of the Recommended Bidder to execute the Naming Rights Agreement, upon certain terms and conditions, was a responsive and responsible bid received by the City and Council desires to accept the bid of the Recommended Bidder. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council accepts the bid of the Recommended Bidder and hereby makes and awards the Naming Rights Agreement to the Recommended Bidder, subject to certain terms and conditions as further noted in the City Council Agenda Report dated September 15, 2014, to this Council and upon such other terms and conditions to which the City Manager may deem appropriate and agree. Council further finds that it will be in the best interest of the City to award the Naming Rights Agreement as set forth above and it will assist in promoting the operations of Elmwood Park and the Roanoke Public Library. 2. The City Manager is hereby authorized to execute a Naming Rights Agreement between the City and the Recommended Bidder to have the Recommended Bidder's name at the Playground for a period of fifteen (15) years, commencing on the date on which construction and installation of the Playground is complete and the Playground is open to the public, which date is anticipated to be not later than May 15, 2015,and ending fifteen (15) years thereafter, subject to the terms and provisions of the Naming Rights Agreement, which Naming Rights Agreement shall be substantially in the form attached to the City Council Agenda Report dated September 15, 2014, and upon such other terms to which the City Manager deems appropriate and agrees. Such Naming Rights Agreement shall be in a form approved by the City Attorney. The bond or security to be provided by the Recommended Bidder shall be in a form and amount as the City Manager deems appropriate. 3. The Naming Rights Agreement referred to above shall commence on October 1, 2014, and the term of the Naming Rights shall be for a term of fifteen (15) years, commencing on the date on which construction and installation of the Playground is completed and the Playground is open to the public, and ending fifteen (15) years thereafter. The Recommended Bidder shall pay the aggregate sum set forth and described in the City Council Agenda Report dated September 15, 2014, for the Naming Rights Agreement, in five (5) annual installments. The fee will be paid in installments in accordance with the schedule of payments described in the City Council Agenda Report dated September 15, 2014. Pursuant to the terms of the Naming Rights Agreement, the term of the Naming Rights Agreement may be terminated prior to the expiration of the fifteen (15) year term for the Naming Rights only as provided in the Naming Rights Agreement. 176 4. The City Manager is further authorized to take such further action and to execute such further documents as may be necessary to implement, administer, and enforce such Naming Rights Agreement, which includes, but is not limited to, any needed modifications to such Naming Rights Agreement. All such documents shall be 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. 6. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: Stephanie M. Moon R Ids, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9`h day of October, 2014. No. 40066-100914. A RESOLUTION authorizing the application and acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby ratifies retroactively the City's application to the Compensation Board of the Commonwealth of Virginia, for the funding pursuant to Section 2-124 of the Code of the City of Roanoke (1979) as amended, and does hereby accept the funding for the regional drug prosecutor's office in the amount of $106,701.00 from the Compensation Board of the Commonwealth of Virginia, with a local match of $41,359.00, making a total award of $148,060.00, effective July 1, 2014, through June 30, 2015, as more particularly described in the City Council Agenda Report dated October 9, 2014. 2. The City Manager is hereby authorized to accept, execute, and file on - behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. .. 177 3. The City Manager is further directed to furnish such additional information as may be required in connection with the application and acceptance of the foregoing funding. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC` David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 99" day of October, 2014. No. 40067-100914. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor 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 Regular Employee Salaries 35-150-4510-1002 $ 96,058.00 City Retirement 35-150-4510-1105 21,354.00 FICA 35-150-4510-1120 7,348.00 Medical Insurance 35-150-4510-1125 11,412.00 Dental Insurance 35-150-4510-1126 672.00 Life Insurance 35-150-4510-1130 1,143.00 Disability Insurance 35-150-4510-1131 323.00 Telephone 35-150-4510-2020 750.00 Other Rental 35-150-4510-3075 9,000.00 Revenues Regional Drug Prosecutor FY15-Comp Board 35-150-4510-4510 106,701.00 Regional Drug Prosecutor FY15-Local Match 35-150-4510-4511 41,359.00 178 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST:�A {v�� `��ty c• Stephanie M. Moon Reynolds, MMC David . Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 2014. No. 40068-100914. A RESOLUTION authorizing acceptance of the FY2015 Fire Programs Funds Grant made to the City of Roanoke by the Virginia Department of Fire Programs, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Fire Programs the FY2015 Fire Programs Funds Grant in the amount of $291,416.00, with no local match, such Grant being more particularly described in the City Council Agenda Report dated October 9, 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 by the Department of Fire Programs in connection with the acceptance of the foregoing Grant. APPROVED ATTEST: MLA, AtAr ��L4v Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor • 179 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, , The 9th day of October, 2014. No. 40069-091014. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, 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 Expendable Equipment <$5,000.00 35-520-3345-2035 $ 61,116.00 Training and Development 35-520-3345-2044 60,300.00 Wearing Apparel 35-520-3345-2064 100,000.00 Recruiting 35-520-3345-2065 10,000.00 Regional Fire Training Academy 35-520-3345-9073 60,000.00 Revenues Fire Program FY15 35-520-3345-3345 291,416.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: itairkixoLuts\(\k,N(\t:e\:R-t-askAS),beL.. cDCat Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor is 180 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 2014. No. 40070-100914. AN ORDINANCE amending and reordaining Chapter 2, Administration, Section 2-124, Application for grants by city manager; authority of city manager to execute documents, Article V, City Manager, Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2-124, Application for grants by city manager; authority of city manager to execute documents, Article V, City Manager, Chapter 2, Administration, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Chapter 2, Administration Article V, City Manager e Sec. 2-124. Application for grants by city manager; authority of city manager to execute documents. (a) The city manager, for and on behalf of the city, is hereby authorized;-subjeet--to-the conditions hereinafter established; to make application to the federal government, or any agency of the federal government, or to the state government, or any agency of the state government, for a grant of funds for any public purpose. -provided-#hat the city manager--shad-not-without-approval of--the-city council make any-application for a -rant-whic# Id involve-theabligation of . . i-grants to-the-city--from-the-federal govemrr,en1 agency-of-the federal-govemme e state government,or-any--agency of the state shall be accepted-by-city-counc41- (b) The city manager, for and on behalf of the city, is hereby authorized to execute any and all documents, and amendments thereto, acceptingrelating-to any grant funds, or subgrants of funds to subrecipients, -provided that (i) the amount of such grant or subgrant is less than or equal to 181 . . $100,000.00; and (ii) such grant or subgrant does not involve the obligation of city funds. All grants from the federal government, or an agency of the federal government, or the state government, or any agency of the state government, to the city which (i) are in excess of $100,000.00 or (ii) would involve the obligation of city funds, shall be accepted by city council. which are the subject -of -sue - _ • . e sec-tier-andthe-cencIj iens---therein, up to seventy five theusand--dollars ($7-5-,000-..00)--T-he . .. . authoriz-ed-to -execute-an--amendment--to-any--grant--or subgrant agreement- provided such amendement shall not change-the-net-amount of grant-funds involved-lay more than twenty-five-thousand 50-09-00): 2. This Ordinance shall become effective on the passage of this Ordinance. 3. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: A1/��0,� Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 9th day of October, 2014. No. 40071-100914. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the National League of Cities Congress of Cities and Exposition. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Honorable Anita Price, Council Member, is hereby designated Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Session for the Annual National League of Cities Congress of Cities and Exposition to be held on - Saturday, November 22, 2014, in Austin, Texas. 181 $100,000.00; and (ii) such grant or subgrant does not involve the obligation of city funds. All grants from the federal government, or an agency of the federal government, or the state government, or any agency of the state government, to the city which (i) are in excess of $100,000.00 or (ii) would involve the obligation of city funds, shall be accepted by city council. ••. . - -- _ e _: _ . • . e .• section, and the conditions therein, up to seventy five thousand dollars ($75,000.00). The city manager is also twenty five thousand dollars 02-5,000.04), 2. This Ordinance shall become effective on the passage of this Ordinance. 3. Pursuant to Section 12, Roanoke 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 9th day of October, 2014. No. 40071-100914. A RESOLUTION designating a Voting Delegate and Alternate Voting Delegate for the Annual Business Session of the National League of Cities Congress of Cities and Exposition. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1 . The Honorable Anita Price, Council Member, is hereby designated Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Session for the Annual National League of Cities Congress of Cities and Exposition to be held on Saturday, November 22, 2014, in Austin, Texas. 182 2. The Honorable David Trinkle, Vice-Mayor, is hereby designated Alternate Voting Delegate on behalf of the City of Roanoke, Virginia, for the Business Session for the Annual National League of Cities Congress of Cities and Exposition to be held on Saturday, November 22, 2014, in Austin, Texas. 3. The City Clerk is directed to take any action required by the National League of Cities with respect to certification of the City's official Voting Delegate and Alternate Voting Delegate. APPROVED ATTEST: r �' our ��,�.�.•.�., Stephanie M. Moon Reynolds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40072-102014. AN ORDINANCE authorizing the City Manager to execute a new Parking Agreement between the City and Carilion Clinic Properties, LLC, a non-profit Virginia limited liability company, ("Carilion"); authorizing the City Manager to execute such other documents and take such further action as may be necessary to implement, administer, and enforce such Agreement; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a •t Parking Agreement between the City and Carilion dated November 1, 2014, for a term of five (5) years, which Parking Agreement may be renewed for up to two five (5) year periods upon mutual agreement of the parties and subject to approval by City Council, that will initially provide three hundred ten (310) unreserved parking permits to Carilion by November 1, 2014, for parking spaces in the City's Church Avenue Parking Garage in accordance with certain terms and conditions as more fully set forth in the City Council Agenda Report dated October 20, 2014. 2. The payment for these Permits shall be in conformity with the rates set forth in Attachment B as attached to the Parking Agreement. 183 3. The new Parking Agreement will be substantially similar to the one attached to the above mentioned City Council Agenda Report, and shall be approved as to form by the City Attorney. 4. The City Manager is further authorized to execute such other documents and take such further action as may be necessary to implement, administer, and enforce such Parking 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: \01 egg Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40073-102014. A RESOLUTION accepting the FY 2015 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 2015 State Homeland Security Program Grant offered by the Virginia Department of Emergency Management (VDEM) in the amount of $72,000.00, to be used to purchase National Institute of Justice (NIJ) complaint Level IV body armor for the Roanoke City Police Department Tactical Response Team. There is no matching fund requirement for this grant. The grant is more particularly described in the City Council Agenda Report dated October 20, 2014. 184 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: awwtn� Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40074-102014. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of heavy tactical response equipment, 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 Other Equipment 35-640-3802-9015 72,000.00 Revenues VDEM SHS Tactical Equipment FY15 35-640-3802-3802 72,000.00 185 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ‘, ^ S14-11\\4-' Tcra at.LALId CePOAAAA"."- Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40075-102014. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Virginia Department of Transportation (VDOT) for funds from VDOT's Revenue Sharing Program in the amount of $10,000,000.00 for FY2016 for certain projects; and authorizing the City Manager to take certain actions in connection with such projects. WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $10,000,000.00 for any funds provided by VDOT for the projects referred to in the City Council Agenda Report dated October 20, 2014, and which will require the City to provide matching funds of $10,000,000.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to VDOT for funds from VDOT's Revenue Sharing Program for FY2016 in the amount of $10,000,000.00, as more fully set forth in the City Council Agenda Report dated October 20, 2014, for the following seven (7) Projects: a. Citywide Curb, Gutter, and Sidewalk (New Construction) $1,000,000.00 City Matching Funds $1,000,000.00 b. Franklin Road Bridge Replacement $3,000,000.00 City Matching Funds $3,000,000.00 c. Citywide Storm Drain Improvements $1,620,000.00 City Matching Funds $1,620,000.00 186 d. Orange Avenue / King Street Intersection Improvements $ 750,000.00 City Matching Funds $ 750,000.00 e. Annual Citywide Street Paving Program (Resurfacing) $ 3,000,000.00 City Matching Funds $ 3,000,000.00 f. Citywide Bridge Maintenance $ 500,000.00 City Matching Funds $ 500,000.00 g. Citywide Sidewalk Maintenance $ 130,000.00 City Matching Funds $ 130,000.00 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. APPROVED ATTEST: ■ Ivsr G.A.A2N-k (kc2)151""4.—QL°' Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40076-102014. A RESOLUTION authorizing the acceptance of additional Virginia Department of Transportation (VDOT) Federal Transportation Enhancement (FTE) funds for Phase II of the Roanoke River "Bridge the Gap" Greenway Project; authorizing the City Manager to execute a VDOT Standard Project Administration Agreement and Appendix A; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use the funds for Phase II of the Roanoke River Greenway Project. WHEREAS, the City of Roanoke and VDOT entered into a Standard Project Administration Agreement dated September 21, 2012, which provided funding for various projects, one of which was the Roanoke River "Bridge the Gap" Greenway Project (the "Project"); 187 WHEREAS, the Project has been divided into two phases, with Phase I incorporating the design and construction of the greenway from Aerial Way Drive to the Salem city limits and Phase II incorporating the design and construction of the greenway from Bridge Street to Aerial Way Drive; WHEREAS, to formally separate the two phases of the Project, VDOT has provided the City a VDOT Standard Project Administration Agreement and Appendix A ("Agreement") specifically for Phase II; and WHEREAS, the proposed Agreement shows the project funding, including the additional $665,443.00 in Federal Transportation Enhancement (FTE) funds and the required local match from the City in the amount of $166,361.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the additional VDOT Federal Transportation Enhancement (FTE) funds in the amount of $665,443.00, which requires an additional $166,361.00 in City funds to meet the required local match, for the Project, all as more particularly set forth in the City Council Agenda Report dated October 20, 2014. 2. The City Manager is hereby authorized to execute the above mentioned Agreement for the Project. Such Agreement shall be substantially similar to the one attached to the Agenda Report referred to above and shall be in a form 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 obtain, accept, implement, administer, and use the above funds for the above referenced Project, any such additional documents to be approved as to form by the City Attorney. APPROVED ATTEST: (211A4-044—. Qn?:704A-1.4.A.A",.. Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor Iwo 188 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40077-102014. AN ORDINANCE to appropriate funding from Virginia Department of Transportation Federal Transportation Enhancement Funds and transfer funding from the Comprehensive Greenway Trail project to the Roanoke River Greenway Bridge the Gap project, 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: Capital Projects Fund Appropriations Appropriated from General Revenue 08-300-9201-9003 $ 166,361.00 Appropriated from State Grants 08-300-9201-9007 655,433.00 Appropriated from General Revenue 08-300-9753-9003 ( 166,361.00) Revenues VDOT FTE — Roanoke River Greenway 655,443.00 Bridge the Gap 08-620-9201-9206 Pursuant 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 Reynol s, M C David A. Bowers City Clerk Mayor I 189 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40078-102014. A RESOLUTION supporting and authorizing the City's application for an additional funding from the Commonwealth of Virginia Department of Transportation Transporation Alternatives Program funding for the Roanoke Chapter National Railway Historical Society for the restoration and renovation of the Virginian Railway Passenger Station; authorizing the City Manager to execute the required applications and take any other actions to respond to any inquiries or provide supplemental information; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to apply for such additional funds. WHEREAS, in accordance with the Commonwealth Transportation Board construction allocation procedures, it is necessary that the City of Roanoke, Virginia (City) adopt a resolution requesting the Commonwealth of Virginia Department of Transportation (VDOT) to establish a Transportation Alternatives project within the City, and by Resolution No. 36411-061603, the City endorsed the Commonwealth Transportation Board establishment of a project for the restoration of the Virginian Railway Passenger Station (Project); WHEREAS, the Roanoke Chapter National Railway Historical Society (RCNRHS) has been awarded a total of $895,000.00 in Transportation Enhancement Grant funds (now known as the Transportation Alternatives Program funding) for the renovation of the Project which Project is in two (2) phases, with Phase 1 of the Project completed, and by Resolution No. 39588-020413, the City ratified its continued support for the Project; WHEREAS, by Resolution No. 36411-061603, the City agreed to serve as the new Project sponsor for the Project, together with other terms and provisions as set forth in Resolution No. 36411-061603; and WHEREAS, RCNRHS is seeking additional Transportation Alternatives Program funds in the amount of $246,000.00 to complete Phase 2 of the Project, which additional funds require a 20% match and such match to be provided through donations to RCNRHS and the Virginian Station fund. 190 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City hereby expresses the City's continued support for the Project and supports the City's application to VDOT for additional funding in the amount of $246,000.00 from the Transportation Alternatives Program funds to support the Project as further and more fully described in the City Council Agenda Report dated October 20, 2014, which additional funding requires a local match of 20% and which local match shall be provided through donations to RCNPHS and the Virginian Station fund. 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 application to VDOT for the additional funding from the Transportation Alternative Program funds, approved as to form by the City Attorney, and to take any other actions to respond to any inquiries or provide supplemental information. 3. The City Clerk is directed to forward a copy of this Resolution to the appropriate officials at the RCNRHS and to any other entity as may be requested by the RCNRHS. APPROVED ATTEST: r otroct__, Stephanie M. Moon Reyno ds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40079-102014. AN ORDINANCE to appropriate funding from the Federal and Commonwealth government grants for various educational programs, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: 191 Appropriations Food Services Personnel 302 - 320 - 0000 - 0420 - 168J - 65100 -41182 - 2 - 00 $1,055.36 Food 302 - 320 - 0000 - 0420 - 168J - 65100 - 46602 - 2 - 00 20,414.06 Food Service Supplies 302 - 320 - 0000 - 0420 - 168J - 65100 - 46603 - 2 - 00 498.80 Equipment 302 - 320 - 0000 - 0420 - 168J - 65100 -48821 -2 - 00 1,585.00 Food Services Personnel 302 - 320 - 0000 - 0050 - 168J - 65100 -41182 - 2 - 00 1,055.36 Food 302 - 320 - 0000 - 0050 - 168J - 65100 -46602 -2 - 00 38,316.57 Food Service Supplies 302 - 320 - 0000 - 0050 - 168J - 65100 - 46603 - 2 - 00 737.80 Equipment 302 - 320 - 0000 - 0050 - 168J - 65100 -48821 - 2 - 00 1,585.00 Food Services Personnel 302 - 320 - 0000 - 0340 - 168J -65100 -41182 - 2 - 00 130.56 Food 302 - 320 - 0000 - 0340 - 168J -65100 -46602 - 2 - 00 15,971.58 Food Service Supplies 302 - 320 - 0000 - 0340 - 168J - 65100 - 46603 -2 - 00 323.90 Equipment 302 - 320 - 0000 - 0340 - 168J - 65100 -48821 - 2 - 00 1,285.00 Teachers 302 - 110 - 1102 - 0210 - 158J - 61100 -41121 - 3 - 05 42,240.00 Program Coordinator/Site 302 - 110 - 1102 - 0210 - 158J - 61100 - 41124 - 3 - 05 33,627.00 Activity Assistants 302 - 110 - 1102 - 0210 - 158J - 61100 - 41141 - 3 - 05 44,880.00 Retiree Health 302 - 110 - 1102 - 0210 - 158J - 61100 - 42200 - 3 - 05 16.00 Social Security 302 - 110 - 1102 - 0210 - 158J -61100 -42201 - 3 - 05 7,159.00 VRS 302 - 110 - 1102 - 0210 - 158J - 61100 -42202 -3 - 05 166.00 Medical/Dental 302 - 110 - 1102 - 0210 - 158J -61100 -42204 - 3 - 05 873.00 Group Life 302 - 110 - 1102 - 0210 - 158J - 61100 - 42205 - 3 - 05 8.00 Contracted Services 302 - 110 - 1102 - 0210 - 158J - 61100 -43313 - 3 - 05 22,200.00 Travel - Mileage 302 - 110 - 1102 - 0210 - 158J - 61100 -45551 - 3 - 05 492.00 Travel - Fares 302 - 110 - 1102 - 0210 - 158J - 61100 -45552 - 3 - 05 750.00 Travel - Meals & Lodging 302 - 110 - 1102 - 0210 - 158J - 61100 - 45553 - 3 - 05 1,235.00 Pupil Transportation 302 - 110 - 1102 - 0210 - 158J -63200 -43343 - 3 - 05 28,500.00 Supplies 302 - 110 - 1102 - 0210 - 158J - 61100 -46614 - 3 - 05 12,500.00 Teachers 302 - 110 - 1102 - 0280 - 139J - 61100 -41121 - 3 - 05 42,960.00 Program Coordinator/Site 302 - 110 - 1102 - 0280 - 139J - 61100 - 41124 - 3 - 05 33,627.00 Activity Assistants 302 - 110 - 1102 - 0280 - 139J - 61100 -41141 - 3 - 05 29,920.00 Retiree Health 302 - 110 - 1102 - 0280 - 139J -61100 -42200 - 3 - 05 16.00 Social Security 302 - 110 - 1102 - 0280 - 139J -61100 -42201 - 3 - 05 7,159.00 VRS 302 - 110 - 1102 - 0280 - 139J - 61100 -42202 - 3 - 05 166.00 Medical/Dental 302 - 110 - 1102 - 0280 - 139J -61100 -42204 - 3 - 05 873.00 Group Life 302 - 110 - 1102 - 0280 - 139J -61100 - 42205 - 3 - 05 8.00 Contracted Services 302 - 110 - 1102 - 0280 - 139J - 61100 - 43313 - 3 - 05 37,310.00 Travel - Mileage 302 - 110 - 1102 - 0280 - 139J - 61100 - 45551 - 3 - 05 492.00 Travel - Fares 302 - 110 - 1102 - 0280 - 139J - 61100 -45552 - 3 - 05 750.00 Travel - Meals & Lodging 302 - 110 - 1102 - 0280 - 139J -61100 -45553 - 3 - 05 1,235.00 Pupil Transportation 302 - 110 - 1102 - 0280 - 139J - 63200 -43343 - 3 - 05 28,500.00 Supplies 302 - 110 - 1102 - 0280 - 139J - 61100 - 46614 - 3 - 05 13,500.00 Teachers 302 - 110 - 1102 - 0340 - 149J -61100 -41121 - 3 - 05 36,432.00 !r 192 Program Coordinator/Site 302 - 110 - 1102 - 0340 - 149J - 61100 -41124 - 3 - 05 33,627.00 Activity Assistants 302 - 110 - 1102 - 0340 - 149J - 61100 - 41141 - 3 - 05 51,408.00 Retiree Health 302 - 110 - 1102 - 0340 - 149J - 61100 -42200 - 3 - 05 16.00 Social Security 302 - 110 - 1102 - 0340 - 149J - 61100 - 42201 - 3 - 05 7,159.00 VRS 302 - 110 - 1102 - 0340 - 149J - 61100 - 42202 - 3 - 05 166.00 Medical/Dental 302 - 110 - 1102 - 0340 - 149J - 61100 - 42204 - 3 - 05 873.00 Group Life 302 - 110 - 1102 - 0340 - 149J - 61100 - 42205 - 3 - 05 8.00 Contracted Services 302 - 110 - 1102 - 0340 - 149J - 61100 -43313 - 3 - 05 24,000.00 Travel - Mileage 302 - 110 - 1102 - 0340 - 149J - 61100 -45551 - 3 - 05 492.00 Travel - Fares 302 - 110 - 1102 - 0340 - 149J -61100 -45552 - 3 - 05 750.00 Travel - Meals & Lodging 302 - 110 - 1102 - 0340 - 149J - 61100 -45553 - 3 - 05 1,235.00 Pupil Transportation 302 - 110 - 1102 - 0340 - 149J - 63200 - 43343 - 3 - 05 28,500.00 Supplies 302 - 110 - 1102 - 0340 - 149J - 61100 - 46614 - 3 - 05 11,500.00 Teachers 302 - 110 - 1102 - 0220 - 148J - 61100 - 41121 - 3 - 05 36,432.00 Program Coordinator/Site 302 - 110 - 1102 - 0220 - 148J - 61100 -41124 - 3 - 05 33,627.00 Activity Assistants 302 - 110 - 1102 - 0220 - 148J - 61100 -41141 - 3 - 05 51,408.00 Retiree Health 302 - 110 - 1102 - 0220 - 148J - 61100 -42200 - 3 - 05 16.00 Social Security 302 - 110 - 1102 - 0220 - 148J - 61100 -42201 - 3 - 05 7,159.00 VRS 302 - 110 - 1102 - 0220 - 148J - 61100 -42202 - 3 - 05 166.00 Medical/Dental 302 - 110 - 1102 - 0220 - 148J - 61100 -42204 - 3 - 05 873.00 Group Life 302 - 110 - 1102 - 0220 - 148J - 61100 -42205 - 3 - 05 8.00 , Contracted Services 302 - 110 - 1102 - 0220 - 148J - 61100 -43313 - 3 - 05 22,950.00 Travel - Mileage 302 - 110 - 1102 - 0220 - 148J - 61100 - 45551 - 3 - 05 492.00 Travel - Fares 302 - 110 - 1102 - 0220 - 148J - 61100 -45552 - 3 - 05 750.00 Travel -Meals & Lodging 302 - 110 - 1102 - 0220 - 148J - 61100 - 45553 - 3 - 05 1,235.00 Pupil Transportation 302 - 110 - 1102 - 0220 - 148J - 63200 -43343 - 3 - 05 28,500.00 Supplies 302 - 110 - 1102 - 0220 - 148J - 61100 -46614 - 3 - 05 11,200.00 Equipment 302 - 253 -0000 -0340 - 375J -68300 -48821 -9- 00 30,905.33 Equipment 302 -253 -0000 -0410 - 375J -68300 -48821 -9- 00 22,671.34 Equipment 302 -253 -0000 -0410 - 375J -68300 -48821 -9 -00 30,263.33 Instruction Teachers 302 - 170 -3000 - 1160 - 304J -61100 -41121 -3-03 13,407.00 Retire Health 302 - 170 -3000 - 1160 - 304J -61100 -42200 -3-03 271.00 Social Security 302 - 170 -3000 - 1160 - 304J -61100 -42201 - 3-03 1,025.00 VRS 302 - 170 -3000 - 1160 - 304J -61100 -42202 -3-03 3,554.00 Medical/Dental 302 - 170 - 3000 - 1160 -304J -61100 -42204 - 3- 03 882.00 Group Life 302 - 170 - 3000 - 1160 - 304J -61100 -42205 - 3 -03 291.00 Juvenile Detention 302 - 110 -0000 - 1070 - 316J -61100 -41138 -9 -09 12,852.31 Retiree Health Credit 302 - 110 -0000 - 1070 - 316J -61100 -41138 -9 -09 128.52 Social Security/FICA 302 - 110 -0000 - 1070 - 316J -61100 -41138 -9-09 983.20 Virginia Retirement System 302 - 110 -0000 - 1070 - 316J -61100 -41138 -9-09 1,028.18 Health/Dental Insurance 302 - 110 -0000 - 1070 - 316J -61100 -41138 -9-09 1,081.08 State Group Life Insurance 302 - 110 -0000 - 1070 - 316J -61100 -41138 -9-09 64.13 Professional Development 302 - 110 -0000 - 1070 - 316J -61100 -41138 -9 -09 4,000.00 193 Mileage 302 - 110 -0000 - 1070 - 316J -61100 - 41138 -9 - 09 1,725.00 Indirect Costs 302 - 110 -0000 - 1070 - 316J - 61100 -41138 - 9 -09 802.62 M'' Related Services 302 - 110 - 0000 - 1070 - 316J - 61100 -41138 -9 -09 1,280.00 Instructional Supplies 302 - 110 - 0000 - 1070 - 316J -61100 -41138 - 9 -09 4,575.00 Textbooks/Workbooks 302 - 110 -0000 - 1070 - 316J - 61100 - 41138 -9 - 09 1,500.00 Internet Services 302 - 110 -0000 - 1070 - 316J - 61100 -41138 - 9 -09 ( 1,600.00) Technology 302 - 110 - 0000 - 1070 - 316J -61100 -41138 -9 - 09 ( 125.00) Revenues Federal Grant Receipts 302 - 000 - 0000 - 0000 - 168J - 00000 - 38555 - 0 - 00 $82,958.99 Federal Grant Receipts 302 - 000 - 0000 - 0210 -158J - 00000 - 38287 - 0 - 00 194,646.00 Federal Grant Receipts 302 - 000 - 0000 - 0280 -139J - 00000 - 38287 - 0 - 00 196,516.00 Federal Grant Receipts 302 - 000 - 0000 - 0340 -149J - 00000 - 38287 - 0 - 00 196,166.00 Federal Grant Receipts 302 - 000 - 0000 - 0220 -148J - 00000 - 38287 - 0 - 00 194,816.00 State Grant Receipts 302 - 000 - 0000 - 0000 -375J - 00000 - 32400 - 0 - 00 67,072.00 Local Match 302 - 000 - 0000 - 0000 -375J - 00000 - 72000 - 0 - 00 16,768.00 i State Grant Receipts 302 - 000 - 0000 - 0000 -304J - 00000 - 32712 - 0 - 00 19,430.00 State Grant Receipts 302 - 000 - 0000 - 0000 -316J - 00000 - 32220 - 0 - 00 28,295.04 Pursuant 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,t140,6_,,,,,,L,)M ..),(v ,,,,.,,,,Stephanie M. Moon Reyno s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of October, 2014. No. 40080-102014. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. 194 WHEREAS, the Council is advised that the term of office of A. Damon Williams, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2014; and WHEREAS §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall, after initial appointment, be made for terms of four (4) years. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that A. Damon Williams, is hereby reappointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term of four (4) years commencing October 21, 2014, and expiring October 20, 2018. APPROVED ATTEST: .11n. (T.,\__>"evre-6.4, Car. Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40081-102014. A RESOLUTION appointing a Director of the Economic Development Authority of the City of Roanoke. WHEREAS, the Council is advised that there is a vacancy in the position of Director of the Economic Development Authority of the City of Roanoke, Virginia; and WHEREAS, §15.2-4904, Code of Virginia (1950), as amended, provides that appointments made by the governing body of such Directors shall be made for terms of four (4) years. 195 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Thomas Tullidge Cullen is hereby appointed as a Director on the Board of Directors of the Economic Development Authority of the City of Roanoke, Virginia, for a term commencing October 21, 2014, and expiring October 20, 2018. APPROVED ATTEST: 4 S C213:MAA.A.%- — tephanie M. Moon Reynol , M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40082-102014. AN ORDINANCE correcting a scrivener's error pertaining to Ordinance No. 39853-012114, adopted by City Council on January 21, 2014, clarifying the description of leased premises that was included in Ordinance No. 39853-012114, and dispensing with the second reading of this Ordinance by title. WHEREAS, in an invitation for bids and a notice of public hearing published on January 6, 2014, and January 13, 2014, the City of Roanoke requested bids to enter into a Lease Agreement for the use of Official Tax Map No. 6421001 consisting of approximately 10.5719 acres and a portion of Official Tax Map No. 6472302 consisting of approximately 11.06 acres; WHEREAS, the invitation for bids and notice of public hearing notified all parties to review the proposed Lease Agreement for the specific details regarding the terms of the proposed Lease Agreement; WHEREAS, the proposed Lease Agreement provided that the City intended to lease two (2) parcels of real estate, owned by the City and described in the Lease Agreement as Parcel A and Parcel B by metes and bounds descriptions and depicted on plans as Parcel A and Parcel B only and without references to specific Official Tax Map Numbers; YErw 196 WHEREAS, Parcel A, as described in the proposed Lease Agreement, consisted of approximately 11.06 acres of land, and is comprised of portions of Official Tax Map Nos. 6472302, 6471801, and 6471802; WHEREAS, the invitation for bids and notice of public hearing inadvertently omitted references to Official Tax Map Nos. 6471801 and 6471802, but such omission did not affect the area of Parcel A to be leased pursuant to the proposed Lease Agreement; WHEREAS, at a public hearing held on January 21, 2014, City Council opened a bid from Roanoke Valley Youth Soccer Club, Inc.; WHEREAS, City Council received no bid other than the bid from Roanoke Valley Youth Soccer Club, Inc., in response to the invitation for bids and a notice of public hearing published on January 6, 2014, and January 13, 2014; WHEREAS, by adoption of Ordinance No. 39853-012114 on January 21, 2014, City Council intended to accept the bid from Roanoke Valley Youth Soccer Club, Inc.; WHEREAS, Ordinance No. 39853-012114 included a scrivener's error in the name of the successful bidder; WHEREAS, by adoption of Ordinance No. 39853-012114 on January 21, 2014, City Council authorized execution of a Lease Agreement dated February 1 , 2014, with Roanoke Valley Youth Soccer, Inc., rather than the correct name of the successful bidder, namely Roanoke Valley Youth Soccer Club, Inc.; WHEREAS, City Council intended to authorize execution of a Lease Agreement dated February 1, 2014, with Roanoke Valley Youth Soccer Club, Inc.; WHEREAS, by the adoption of Ordinance No. 39853-012114 on January 21, 2014, City Council authorized the leasing of, and execution of a Lease Agreement dated February 1, 2014, pertaining to, a portion of Official Tax Map No. 6472302, consisting of 11.06 acres, more or less, and being Parcel A as described in the Lease Agreement, and Official Tax Map No 6421001, consisting of 10.5719 acres, more or less, and being Parcel B as described in the Lease Agreement; WHEREAS, Parcel A to the Lease Agreement dated February 1, 2014, included portions of Official Tax Map Nos. 6472302, 6471801 and 6471802; WHEREAS, the parties entered into a Lease Agreement dated February 1, 2014, for the use of Parcel A, consisting of 11.06 acres, more or less, that includes portions of Official Tax Map Nos. 6472302, 6471801 and 6471802, and Parcel B consisting of 10.5719 acres, more or less, and is depicted as Official Tax Map No. 6421001; 197 WHEREAS, following adoption of Ordinance No. 39853-012114, and pursuant to the authority granted therein, the parties entered into Amendment No.1 to the Lease Agreement dated July 17, 2014 and a Cash Bond Agreement dated as of July 21, 2014; WHEREAS, the omission of two (2) Official Tax Map Numbers in the invitation for bids, the notice of public hearing, and Ordinance No. 39853-012114, did not affect the area of the parcels subject to the Lease Agreement; WHEREAS, the error in the name of the successful bidder identified in Ordinance No. 39853-012114 did not affect the bid process in any way because Roanoke Valley Youth Soccer Club, Inc., was the sole bidder for the proposed Lease Agreement; WHEREAS, consideration of the Ordinance to correct the scrivener's error pertaining to the name of the successful bidder and to clarify the description of the leased premises was set for public hearing on October 20, 2014, after notice of this public hearing was published in The Roanoke Times on October 6, 2014, and October 13, 2014; WHEREAS, City Council held a public hearing on October 20, 2014, to consider adoption of this Ordinance and all persons were provided the opportunity to state their ir positions in support of or in opposition to the proposed Ordinance; and WHEREAS, the City Manager recommends adoption of the proposed Ordinance, as set forth in the City Council Agenda Report dated October 20, 2014. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 39853-012114, adopted on January 21, 2014, be amended to provide that (i) the correct name of the lessee is Roanoke Valley Youth Soccer Club, Inc., and (ii) portions of Official Tax Map Nos. 6471801 and 6471802 are also a part of the Lease Agreement with respect to Parcel A; 2. Ordinance No. 39853-012114, adopted on January 21, 2014, be further amended to the extent that it is inconsistent with this Ordinance; 3. Ordinance No. 39853-012114, as amended by this Ordinance, is reordained; 4. The City Manager, City Clerk, and City Attorney, are hereby authorized to take such actions, and execute such documents, as are necessary to effect the intent of City Council as set forth in this Ordinance and Ordinance No. 39853-012114, adopted on January 21, 2014, as amended herein, all such documents to be approved as to form by the City Attorney; and 198 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: tr)1144-L.w)//1•#.\A" .i)e% Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40083-102014. 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 property on Tuckawana Circle, N. W., within the City, and dispensing with the second reading of this Ordinance by title. WHEREAS the Planning Commission for the City of Roanoke has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at zero (0) Tuckawana Circle, bearing Official Tax Map Nos. 6471801 and 6471802, rezoned from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on October 20, 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 199 OM WHEREAS, this Council, after considering the aforesaid application, the recommendation made to City Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the rezoning of the subject property, and for those reasons, is of the opinion that the hereinafter described property should be rezoned as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1 . Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect that Official Tax Map Nos. 6471801 and 6471802, located at zero (0) Tuckawana Circle, be and is hereby rezoned from RM-2, Residential Mixed Density District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendment Application No. 1 dated September 9, 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: r_at.06, ?//. 0111^ \et_- D-03a,A.A,...A4,A..., Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40084-102014. AN ORDINANCE exempting from personal property taxation certain personal property located in the City of Roanoke and owned by Bookbag Santa, 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, Bookbag Santa, 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; 200 WHEREAS, a public hearing at which all citizens had an opportunity to be heard with respect to the Applicant's petition was held by Council on October 20, 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 1991 Dodge van and 2014 Toyota van, which 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 Bookbag Santa, Inc., as a charitable, religious, or benevolent organization within the context of Section 6(6) of Article X of the Constitution of Virginia, and hereby exempts from personal property taxation current personal property and any future personal property acquired and owned by the Applicant, which property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the personal property in accordance with the purposes which the Applicant has designated or classified in its application. 2. This Ordinance shall be in full force and effect on January 1, 2015. 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 Gary Hunt, President, Bookbag Santa, 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: 0 ' 1. Jr1 ti' ...D ::2:30„,...0.A.. Stephanie M. Moon Reyno , M David A. Bowers City Clerk Mayor 201 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40085-102014. AN ORDINANCE permanently vacating, discontinuing and closing a portion of Lukens Street, N. W., adjacent to Official Tax Map No. 3080134, as more particularly described hereinafter; and dispensing with the second reading of this Ordinance by title. WHEREAS, Krishna Properties, LLC, filed an application with the Council of the City of Roanoke, Virginia ("City Council"), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right-of-way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30-14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on October 20, 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: 0.1331 acres of right-of-way bounded by corner 5, to 9 through 13, and back to corner 5, inclusive, according to the "Vacation and Combination Plat for Krishna Properties, LLC, and the City of Roanoke," surveyed July 16, 2014, by Balzer and Associates, showing the vacation of 0.1331 acres within Lukens Street, N. W., showing the right-of-way to be vacated by the City of Roanoke and - made a part of Official Tax Map 3080134, and creating Parcel 1A 202 (0.8213 acre) situated along Liberty Road, N. W., Court land Avenue, N. W. and Lukens Street, N. W., in the City of Roanoke, Virginia. 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. I 203 ilmi in 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: -79 .4.44:(A;M, frOkTyletlfr-P4t t :',:M::::.,•ka.4..A-An..N, Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40086-102014. An ORDINANCE authorizing the City Manager to execute an Option Agreement between the City of Roanoke and Carillon Services, Inc., to sell certain City owned PE property located at 250 Reserve Avenue, S. W., Roanoke, Virginia, and identified as Official Tax Map No. 1040201, upon certain terms and conditions; authorizing the City a_ Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City of Roanoke (City) proposes to provide Carillon Services, Inc. (Carillon) with an option to purchase the former Navy Reserve Building located at 250 Reserve Avenue, S. W., Roanoke, Virginia, consisting of 2.6570 acres, together with buildings and improvements thereon, designated as Official Tax Map No. 1040201 (Reserve Avenue Property) for the sum of $610,000.00; WHEREAS, in exchange for obtaining the right to purchase the Reserve Avenue Property, Carillon will grant the City an option to purchase real property owned by Carillon described as the Gill Memorial Building located at 709 Jefferson Street, S. W., Roanoke, Virginia, and designated as Official Tax Map No. 1020510 (Gill Memorial Property) for the sum of $860,000.00; WHEREAS, the proposed Option Agreement contains a provision that, if the City exercises its option to acquire the Gill Memorial Property, Carillon must exercise its option and purchase the Reserve Avenue Property; 204 WHEREAS, the proposed Option Agreement provides that the City will use the proceeds from the sale of the Reserve Avenue Property for a portion of the purchase price for the Gill Memorial Property and the City will pay the balance of the purchase price for the Gill Memorial Property by either paying Carillon the sum of $250,000.00; or releasing its right to operate Crystal Spring Park located at 2012 Jefferson Street, S. E., Roanoke, Virginia, on real property owned by the Western Virginia Water Authority designated as Official Tax Map No. 4060502; WHEREAS, the Council of the City of Roanoke, after proper advertisement, held a public hearing on the above matter on October 20, 2014, pursuant to Sections 15.2- 1800 and 15.2-1813, of the Code of Virginia (1950), as amended, at which hearing all parties and citizens were afforded an opportunity to be heard on the above matters; and WHEREAS, after closing the public hearing, Council believes the sale of the Reserve Avenue Property to Carilion and the acquisition of the Gill Memorial Property by the City, in accordance with the terms of the proposed Option Agreement, will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . The City Manager is authorized on behalf of the City to execute an Option Agreement between the City of Roanoke and Carilion Services, Inc., to sell certain City owned property located at 250 Reserve Avenue, S. W., Roanoke, Virginia, and identified as Official Tax Map No. 1040201 (Reserve Avenue Property), and to purchase real property owned by Carillon described as the Gill Memorial Building located at 709 Jefferson Street, S. W., Roanoke, Virginia, and designated as Official Tax Map No. 1020510 (Gill Memorial Property), upon certain terms and conditions as set forth in the Option Agreement attached to the City Council Agenda Report dated October 20, 2014. Such Option Agreement is to be substantially similar to the one attached to such Report, and in a form approved by the City Attorney. 2. The City Manager is further authorized to execute such further documents, including a Special Warranty Deed of Conveyance for the transfer of the Reserve Avenue Property to Carillon in the event that Carilion exercises its option to purchase the Reserve Avenue Property in accordance with the terms of the Option Agreement, and take such further actions as may be necessary to implement, administer, and enforce such Option Agreement and complete the sale and transfer of the above- mentioned Reserve Avenue Property to Carillon Services, Inc., with the form of any such documents to be approved as to form by the City Attorney 205 3. The City Manager is authorized to determine whether to exercise the option and purchase on behalf of the City the Gill Memorial Property, and if the City Manager determines to exercise the option to purchase the Gill Memorial Property, to purchase the Gill Memorial Property in accordance with the terms of the Option Agreement and accept a General Warranty Deed of Conveyance from Carilion for the Gill Memorial Property, the form of which deed shall be approved by the City Attorney. The City Manager is further authorized to execute such other documents and take such other actions as may be necessary to implement, administer, and enforce the acquisition of the Gill Memorial Property by the City in accordance with the terms of the Option Agreement in the event that the City Manager exercises the option to purchase the Gill Memorial Property, with the form of any such documents 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 of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: 7h. LOIN - Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40087-102014. A RESOLUTION supporting and authorizing the City's application for a grant from the Commonwealth of Virginia Industrial Revitalization Fund; authorizing the City Manager to execute the required applications and take any other actions to respond to any inquiries or provide supplemental information; and authorizing the City Manager to execute such other documents and to take such further actions as may be necessary to implement and administer such grant. 206 WHEREAS, the City desires to acquire real property owned by Carillon Services, Inc. (Carilion) described as the Gill Memorial Building located at 709 Jefferson Street, S. W., Roanoke, Virginia, and designated as Official Tax Map No. 1020510 (Gill Memorial Property) for the purpose of rehabilitating the vacant Gill Memorial Property for the creation, establishment, and promotion of an innovation and acceleration center to support the development of technology-based businesses, including bio-medical technology start-up businesses, within the City; WHEREAS, Carilion desires to acquire real property located at 250 Reserve Avenue, S. W., Roanoke, Virginia, consisting of 2.6570 acres, together with buildings and improvements thereon, designated as Official Tax Map No. 1040201 (Reserve Avenue Property) owned by the City for the purpose of expanding the delivery of health care services to the residents of the City and to residents within the Roanoke Valley region; WHEREAS, prior to Carilion acquiring the Reserve Avenue Property, an Option Agreement between the City and Carilion is proposed that would include the terms of the proposed sale; WHEREAS, the City intends to apply for a grant in the amount of $600,000.00 from the Commonwealth of Virginia Industrial Revitalization Fund for funding of the rehabilitation expenses; WHEREAS, the Commonwealth of Virginia Industrial Revitalization Fund grant program requires a match from the locality equal to the amount of the grant awarded. In addition, acquisition costs incurred by the locality are applicable to the match requirement; and WHEREAS, this grant program requires the locality to either own the qualified property or have an option agreement or contract to acquire the qualified property. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That Council supports the City's application for a grant from the Commonwealth of Virginia Industrial Revitalization Fund in the amount of $600,000.00, which requires matching City funds, as more fully set forth in the City Council Agenda Report dated October 20, 2014. 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 application for the program, approved as to form by the City Attorney, and to take any other actions to respond to any inquiries or provide supplemental information. 207 3. The City Manager and the City Clerk are further authorized to execute and attest, respectively, for and on behalf of the City, such other documents, approved as to form by the City Attorney, and take such further actions as may be necessary to implement and administer such grant. APPROVED ATTEST: itiy&p,.......4.7.11. a� 414tirgict- --Gsf:c0cAivvvi"..._ Stephanie M. Moon Reynol s, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of October, 2014. No. 40088-102014. AN ORDINANCE amending and reordaining Section 36.2-205, Dimensional regulations; Table 205-1, Permitted Yard Encroachments; Table 205-2, Application of Maximum Front Yard Requirements; Section 36.2-311, Use table for residential districts; Section 36.2-312, Dimensional regulations for residential districts; Section 36.2-313, Front yard dimensions for infill development; Section 36.2-315, Use table for multiple purpose districts; Section 36.2-317, Civic space yard option; Section 36.2-319, Building placement and facade transparency standards for multiple purpose districts; Table 319- 1, Building Placement and Facade Transparency Requirements; Section 36.2-322, Use table for industrial districts; Section 36.2-336, Comprehensive Sign Overlay District; Section 36.2-403, Accessory uses and structures; Section 36.2-408, Day care centers, child; Section 36.2-411, Gasoline stations; Section 36.2-419, Motor vehicle repair or service establishment; Section 36.2-422, Outdoor display areas; Section 36.2-429, Temporary uses; Table 429-1, Temporary Uses; Section 36.2-522, Zoning permits; Section 36.2-540, Zoning amendments; Section 36.2-551, Development plans, generally; Section 36.2-552, Basic development plans; Section 36.2-561 , Variances; Section 36.2-630, General development standards; Section 36.2-644, Overall tree canopy requirements; Section 36.2-645, Street yard trees; Table 647-1, Buffering and Screening of Certain Uses and Activities; Table 649-1, Buffering, Screening, and Landscaping Materials; Table 654-1, Parking and Loading Area Standards; Section 36.2-661, Applicability; Section 36.2-668, On-premises signs, generally; Table 668-1, Type, Number, and Size of On-Premises Signs; Section 36.2-673, Temporary on- premises signs; Appendix A, Definitions; and Appendix B, Submittal Requirements, B-2 Comprehensive Development Plan; of Chapter 36.2, Zoning, of the Code of the City of 208 Roanoke (1979), as amended, for the purpose of clarifying or refining regulations based on their practical application; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1 . The following sections of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained to read and provide as follows: Section 36.2-205. Dimensional regulations. * (e) Yards, generally. * * * Table 205-1. Permitted Yard Encroachments 1 * * * Pergolas, porches, stoops, steps, and stair landings in Yes No No residential districts 10 feet * * * (f) Front yards. * * * (s)— Maximum front yard dements shall apply as specified in Table 205 2 faelew (3) In the residential districts, the maximum front yard requirements shall apply only to new principal structures. At least sixty (60) percent of the street facing building facade shall abut the line of the maximum front yard depth or shall lie between the lines of the minimum and maximum front yard depths. (4) Maximum front yard requirements in multiple purpose districts shall apply as specified in Table 205-2 below: reik 209 Table 205-2. Application of Maximum Front Yard Requirements Proposed Development Application of Maximum Yard Requirement New principal building where one or more Locate and size any new building so at principal buildings exist on the site, and least 60% of the resulting total of street- the new building increases the width of facing façade is between the maximum street-facing façades. yard line and the lot frontage or, where existing buildings are located beyond the maximum yard line, locate 100% of the new building between the maximum and minimum yard line. Exceptions: 1. The requirement to meet the sixty percent (60%) facade rule for an addition to an existing building shall apply only to one yard of a corner lot or through lot. 2. An addition not exceeding twenty percent (20%) of the existing principal building footprint is not subject to the maximum front yard requirements of this table. * * * (i) Yards—Corner lots and through lots. * * * (3) Through lots shall provide a front yard for each frontage: * * * (B) In the MX, CN, CG, D, IN, and OF Districts, the primary front yard two (2) maximum yards shall be established according to Section 36.2-319 and shall be provided with the minimum and maximum depths of the district or as determined by Section 36.2-313, as applicable. The other front yard shall be subject to only the minimum front yard depth required by the district. * * * 210 Section 36.2-311. Use table for residential districts. District RA R-12 ,R 7 R-5 R-3 RM- RM- RMF Supplemental 1 2 I Regulation Section Commercial Uses Family day home S IS IS IS FS S S S "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. Section 36.2-312. Dimensional regulations for residential districts. District 1RARI2 R-7 -5 R-3 M-1 M-2 MF Accessory structure 5 6 0 0 0 0 0 0 minimum setback from rear and side lot lines (feet) * * * Minimum area of None Nene None Nene None Nene None 1-00 usable open space (square feet) * * ----------- ----- - Section 36.2-313. Front yard dimensions for infill development. Where indicated as applicable in Section 36.2 312, the following regulations shall be used to determine the minimum and maximum front yard to be provided. To determine the established front yard in the table below, the zoning administrator shall consider only the following lot or lots: (1) a lot or lots on which there is a principal structure on the same block face, and (2) up to one lot on each side of a subject property which is --•. closest to the subject property. However, no lot being used to determine the established front yard shall be an outlier. An outlier shall be any yard depth that ti ., 211 deviates by more than 20 percent from the average yard depth on the block face, not including the outlier or outliers. In such instances, the zoning administrator shall determine the most shallow established front yard to be equal to such average depth. Where the most shallowest established front Minimum yard: depth of the most yard is between the minimum and maximum shallowest established front yard front yards of the district Maximum yard: depth of the most shallowest established front yard, plus 5 feet Where the most shallow- established front Minimum yard: same as district yard is deeper than the district's maximum front Maximum yard: depth of most yard shallowest established front yard Where the most shallowest established front Minimum yard: depth of the most yard is more shallower than the district's shallowest established front yard minimum front yard, but is 10 feet or greater Maximum yard: depth of the most shallowest established front yard, plus 10 feet Where the most shallowest established front Minimum yard: depth of the most yard is less than 10 feet shallowest established front yard Maximum yard: 20 feet Where the shallowest established front yard is tin yard: depth- of -the - . . • •-: _ • • •. . .• . . • - e shallowest established front yard, where an unenclosed front porch addition is minus 10 feet, but no closer than the proposed district minimum .• - Where the lot has frontage on a cul-de-sac, Minimum: same as district minimum regardless of the presence of buildings on Maximum: same as district maximum adjoining lots When there are no lots with principal residential Minimum: same as district minimum structures on the block face Maximum: same as district maximum For a corner lot, apply the above scenarios to the Minimum: same as district minimum front yard with the primary facadeW"�-the Maximum: same as district maximum different street frontage and there are no same street * * * 212 Section 36.2-315. Use table for multiple purpose districts. i District MX CN CG CLS D IN RO UF-7 Supplemental S Regulation Section * * * Accommodations and Group Living * * * Hotel or motel I IS FP I P I P I 1 I P I — * * * Commercial Uses: Retail Sales and Service * * * Storage building sales IS IP LL1 I 1 * * * Assembly and Entertainment Uses * * * District MX CN CG CLS D IN RO OF !Supplemental S 3 Regulation Section Microbrewery or microdistillery P P P P P not abutting a residential district Microbrewery or microdistillery S SS S S abutting a residential district * * * "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. �A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in multiple purpose districts. * * * Section 36.2-317. Civic space yard option. In districts where indicated as applicable in Section 36.2-316, a building may be exempted from the maximum front yard requirement set forth in Table 205-2 of this Chapter, if a civic space accessible to the general public is provided along the entire frontage(s) where the maximum frontage would otherwise be applicable. Such civic space shall meet these requirements: 213 (a) The civic space shall be - -- ' - - - e- • --• •- e - -•-e •• - - •e -- adjacent public--right of-wayprovided in the area between the street frontage and any portion of a building that does not meet a required maximum front yard. * * (g) The civic yard space must provide access from the abutting right-of-way to a primary entrance. * * * 36.2-319. Building placement and facade transparency standards for multiple purpose districts. (a) Building placement and facade transparency requirements for each lot type. Table 319-1. Building Placement and Facade Transparency Requirements 'Lot Type Interior Corner Corner Through (1 frontage) (2 frontages) (3 or more frontages) 'Ground floor Provide the Provide the i Provide the Provide the transparency specified specified 'specified specified for principal percentage in percentage in percentage in percentage in structures I Section 36.2-316 I Section 36.2- ,Section 36.2-316 on Section 36.2- (minimum) on the facade 1316 on the Ithe facade facing 316 on the facing the street 'facade facing the primary street facade facing frontage. the primary frontage. the primary street frontage. street On the facade frontage. On the facade facing the facing the !intersecting street intersecting on which the street, provide !maximum yard is half the area also applied, provide required for the 'half the area primary facade. required for the primary facade. 214 On the remaining street facing ,,..i facades, provide minimum fifteen (15) percent transparency, or deciduous trees and evergreen shrubs along the facade in accordance with Section 36.2-649 Upper floor l Provide the Provide the j Provide the Provide the transparency specified ;specified !specified specified for principal percentage in ;percentage in ,percentage on the percentage in structures Section 36.2-316 1Section 36.2- ifacade in Section Section 36.2- (minimum) on the facade ";316 on the !36.2-316 facing the 316 on the facing the street !facades facing primary street and facade facing frontage. the primary Ion the facade facing the primary street and the ,the intersecting street intersecting street on which the frontage. street. Imaximum yard is meg !applied. .J On the remaining street facing facades, provide minimum fifteen (15) percent transparency, or deciduous trees and evergreen shrubs along the facade in accordance with Section 36.2-649 * * * 215 Section 36.2-322. Use table for industrial districts. District I-1 1-2 AD !Supplemental Regulation Section * * * Industrial Uses * * * Outdoor storage lot I S I S * * * Assembly and Entertainment Uses * * * Eating and drinking establishment, P P P abutting a residential district * * * Microbrewery or microdistillery I P P P * * * "P" indicates a use permitted as of right. "S" indicates a use permitted only by special exception. A blank cell indicates the use is not permitted; any use not listed in this table is not permitted in residential districts. * * * 36.2-336. Comprehensive Sign Overlay District. * * * (c) Standards. All applications for review and approval of a Comprehensive Sign Overlay District shall comply with the following standards: (1) A Comprehensive Sign Overlay District shall be applied as an overlay only to lots with located within a multiple purpose district, industrial district, or planned unit development district CLS, MXPUD, INPUD, or AD District (2) A Comprehensive Sign Overlay District shall consist of at least five (5) two (2) acres; * * * 216 Section 36.2-403. Accessory uses and structures. (b) General standards. * * * (6) Accessory buildings shall be subject to these the maximum size and height standards below. These standards apply to any structure meeting the definition of a building in Appendix A of this chapter as well as unenclosed carports or similar shelters, aboveground pools, and any arbors or trellises exceeding the sizes listed in Section 36.2-410(c): (A) The building footprint of any accessory building structure shall not exceed seventy-five (75) percent of the building footprint of the principal building. (B) The cumulative building structure footprint of all accessory buildings structures on the parcel shall not exceed the building footprint of the principal building. (C) The maximum height of any accessory building structure shall be less than the height of the principal building. However, this maximum height shall not apply to any wind turbines, which are instead subject to the maximum heights specified * * * Section 36.2-408. Day care centers, child. * * * (b) Standards. The following standards shall apply to any day care not licensed by the Virginia Department of Social Services: (1) Floor area per child: All child day care centers shall provide a minimum of thirty-five (35) square feet of designated common floor area per child, for the total number of children to be accommodated at such day care center. The designated common floor area shall consist only of those areas in which children sleep, eat, receive instruction, or play, and shall not include offices, hallways, restrooms, kitchen areas, closets, or other storage areas. A floor plan, drawn to scale, identifying common floor area shall be provided as part of any application. 217 (2) Outdoor play area: When an outdoor play area is provided, All-child-clay 0, and UF Districts, = e - e . tee : - _ -- : -' = ° :- accommodated-at such day care centers in accordance such areas shall comply with the following standards: (A) A minimum of seventy five (75) square feet of outdoor play area per day care center, shall be provided; (BA) The outdoor play area shall be located on the same lot as the day care center and shall be located no closer to any street than the main building occupied by the day care center; and (GB) The outdoor play area shall be fenced to provide a safe enclosure, and pedestrian access to such outdoor play area shall not require the crossing of any vehicular right-of-way. Section 36.2-411. Gasoline stations. * * (c) Standards in the CG, CLS, and I-1 Districts. Any gasoline station located in the Commercial-General District (CG), Commercial-Large Site District (CLS), or Light Industrial District (I-1), shall be subject to the following standards for any canopy over a gas pump island: (1) Such canopy shall have a maximum clear, unobstructed height to its underside not to exceed fourteen (14) feet, six (6) inches * * * Section 36.2-419. Motor vehicle repair or service establishment. * * * (b) Additional standards in the CG, CLS, IF, and D District. In addition to the general standards set forth in subsection (a), above, any motor vehicle repair or service establishment in the Commercial-General District (CG), Commercial- Large Site District (CLS), Urban Flex (UF), or Downtown District (D) shall be subject to the following standards: 218 (1) No repair or maintenance activities shall include the repair or maintenance of commercial motor vehicles; and * * Section 36.2-422. Outdoor display areas. Outdoor display areas, where permitted by this chapter as accessory uses, shall comply with the following standards: (a) Such outdoor display area shall be located on the same lot as the principal use and shall be customarily incidental to the principal use; (h-} - Ile-e - =- - - - •'.• e. eee e' e - -. a -e •- occupy a minimum of five thousand (5,000) square feet of gross floor area; ( ) Such outdoor display area shall be limited in square footage to fifteen (15) percent of the gross floor area of the portion of the principal building dedicated to the use with which the outdoor display is associated; (d c) The maximum height of stacked displayed merchandise in such outdoor display area shall be limited to six (6) feet; (e d) Such outdoor display area shall be furnished with a surface material such as asphalt or concrete; and (f e) Merchandise shall not be placed or located so as to interfere with pedestrian or building access or egress, required vehicular parking and handicap parking, drive aisles, site access or egress, loading spaces or access thereto, public or private utilities, drainage systems, fire lanes, alarms, hydrants, standpipes or other fire protection equipment, or emergency access or egress. * * * Section 36.2-429. Temporary uses. (a) Applicability. Authorized temporary uses, including permitted locations, duration, and maximum number per calendar year, and whether or not a zoning permit is required, shall be as set forth in Table 429-1: 219 Table 429-1. Temporary Uses Activity Zoning Districts Where Maximum Maximum Zoning Permitted Duration Number per Permit Calendar Required? Year for Lot * * Mobile food and CN, CG, CLS, D, ROS, UF, No limitation Not No beverage vending Industrial districts, and PUD applicable districts * * * * * * Section 36.2-522. Zoning permits. (a) Applicability. (1) No person shall erect, construct, reconstruct, move, demolish, add to, or Zoning L1dministrator (2) The use of a property shall not be changed, and clearing, grading, or (3) A zoning permit shall not be issued by the Zoning Administrator except in strict conformity with this chapter. Where development plan review is required, no zoning permit shall be issued until such plan has been approved, (a) Applicability. The following activities require a zoning permit issued by the Zoning Administrator: (1) The erection, construction, placement, reconstruction, movement, relocation, modification , demolition , addition, or structural alteration of any structure requires a zoning permit issued by the Zoning Administrator, including installation of outdoor lighting, construction or creation of parking and loading areas, and installation of signs and the installation of required landscaping and screening; (2) The change of use of a property; or 220 (3) Clearing, grading, or excavating that affects required dimensional and •-. development standards associated with Article III, Article IV or Article VI of this chapter. (d) Issuance. Whenever a basic development plan or a comprehensive development plan is required, no zoning permit shall be issued until such development plan has been approved. * * * Section 36.2-540. Zoning amendments. * * * (c) Procedures; filing of application. * * * (3) An application for the rezoning of property shall include the following: * * * property immediately adjacent to and those directly opposite 4 respect to the matters contained in such application. * * * Section 36.2-551. Development plans, generally. * * * (h) If the development requires the installation of public improvements, such as street dedication, utilities, stormwater facilities, erosion and sediment and control measures, or any public improvements, any one (1) or more of the documents set forth below may be required. In all such instances of the need to submit any one (1) or more of the agreements and/or guarantees below, the preparer of the comprehensive development plan shall submit a schedule of cost estimates in unit quantities, with totals, for all proposed public improvements, erosion and sediment controls practices, and stormwater management measures, as part of the PAN comprehensive development plan submittal. 221 (1) Development agreement between the developer and the City, guaranteeing the satisfactory installation of the improvements or erosion and sediment control measures; (2) Performance guarantee in the amount of 110% the cost estimated for the installation of such improvements or erosion and sediment control measures; and (3) Maintenance agreement between the developer and/or owners of the property and the City providing for future maintenance of certain privately owned stormwater management facilities. Section 36.2-552. Basic development plans. {a) Applicability-1 Esc circumstances where one of the following activities is proposed, and where the provisions of Chapter 11.11, Stormwater Management, of-This Code are not applicable, a basic development plan shall be submitted with (a) Applicability. A basic development plan shall be submitted as part of a zoning permit application for the following activities: (1) Construction of, reconstruction of, moving relocation of, or addition to a 6.• single-family detached dwelling, a single-family attached dwelling, a two- family dwelling or permitted accessory structure and including associated grading and clearing, where such grading and clearing does not involve adjoining lots; or, when development is not in conjunction with the detached dwelling or permitted accessory structures on the same lot or on (2) Construction of, reconstruction of, relocation of moving, or addition to a twe single -family attached dwelling, a two-family dwelling or permitted accessory structure and including associated grading and clearing, when development is not in conjunction with the construction, reconstruction, moving, or addition to other two family dwellings on the same lot or on an adjacent lot under tho same ownership at the time of application; or on any lot within a subdivision with a valid subdivision site plan; or (3) Additions to buildings or intensification of uses not exceeding ten (10) percent of the floor area of a building and where the number of required parking spaces is increased no more than three (3) spaces, or 222 • a e • : . . :, c . -.t more than, four(11) parking spaces, or (5) ace—e - e - • . -e . . •: ... a - - - .. _ (3) Construction of any structure, parking, or other impervious surface during which less than two thousand (2,000) square feet of area will be disturbed; or (6)(4) Establishment, relocation or expansion of a community garden, including construction, reconstruction or moving of an accessory structure and associated grading and clearing. * * Section 36.2-561. Variances. * * * (c) Standards. Subject to the standards and procedures set forth in this section, the Board of Zoning Appeals may grant a variance from the terms of this chapter as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary hardship, provided that the spirit of the Chapter shall be observed and substantial .r justice done. No variance shall be authorized pursuant to this chapter unless the applicant can show that the property was acquired in good faith and that the literal application of the provisions of this chapter would create an unnecessary hardship that would effectively prohibit or unreasonably restrict the utilization of the property. The applicant shall provide evidence that the variance being sought satisfies this general standard and those standards set forth as follows: the same provision by reason of a unique physical condition, including topographic conditions; or other extraordinary situation or condition peculiar to and inherent in the subject property, or to the condition, use, or (2) The unique physical condition set forth in subsection (1), above, is not the existed at the time of the effective date of the provisions of this chapter from which a variance is sought. 223• sub; : :- - •_ _ - e •: • •. . _ • • •- '• - - • . -e (d)_ : s. _ e e - • • - .'e --.- --_ a : . le. e e e •••e. , the.Board shall authorize a variance only if it makes all five (5) of the following findings: (5) That the variance is no greater than the minimum variation necessary to relieve the unnecessary hardship demonstrated by the applicant proposed structure or use as it may deem necessary in the public interest, and may require a guarantee to ensure compliance with the conditions imposed. Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all (c) Standards for considering a variance. Whenever a property owner can show that the owner's property was acquired in good faith and where by reason of the exceptional narrowness, shallowness, size or shape of a specific piece of property at the time of the effective date of the ordinance, or where by reason of exceptional topographic conditions or other extraordinary situation or condition of the piece of property, or of the condition, situation, or development of property immediately adjacent thereto, the strict application of the terms of the ordinance would effectively prohibit or unreasonably restrict the utilization of the property or 224 where the board is satisfied, upon the evidence heard by it, that the granting of the variance will alleviate a clearly demonstrable hardship, as distinguished from a special privilege or convenience sought by the applicant, provided that all variances shall be in harmony with the intended spirit and purpose of the ordinance. No such variance shall be authorized by the board unless it finds: (1) That the strict application of the ordinance would produce undue hardship relating to the property; (2) That the hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (3) That the authorization of the variance will not be of substantial detriment to adjacent property and that the character of the district will not be changed by the granting of the variance. No variance shall be authorized unless the board finds that the condition or situation of the property concerned is not of so general or recurring a nature as to make reasonably practicable the formulation of a general regulation to be adopted as an amendment to the ordinance. (ed) Conditions and guarantees. In authorizing a variance the board may impose such conditions regarding the location, character and other features of the proposed structure or use as it may deem necessary in the public interest, and may require a guarantee or bond to ensure compliance with the that the conditions imposed are being and will continue to be complied with. purposes under state law and local ordinance; however, the use or the structure (e) Conforming status. Notwithstanding any other provision of law, the property upon which a property owner has been granted a variance shall be treated as conforming for all purposes under state law and the zoning ordinance; however, the structure permitted by the variance may not be expanded unless the expansion is within an area of the site or part of the structure for which no variance is required under the zoning ordinance. Where the expansion is proposed within an area of the site or part of the structure for which a variance is required, the approval of an additional variance shall be required. * * Section 36.2-630. General development standards. r� 225 The provision and location of all pedestrian and vehicular traffic related facilities, including sidewalks, curbs and gutters, street trees, street lighting, frontage roads, and acceleration and deceleration lanes, shall be as required by the Agent to the Planning Commission, provided that the property's development directly generates the need for such infrastructure and provided further that the infrastructure required is in proportion to the level of need pedestrian and vehicular-activity generated by the development. Such determination by the Agent shall be based upon a quantifiable need documented by analysis of existing and post-development conditions, such as traffic or drainage studies. * * Section 36.2-644. Overall tree canopy requirements. * * * (c) Tree canopy requirements. * * * (5) New trees planted in a right-of-way adjacent to the frontage of the development site may be credited toward meeting minimum overall tree canopy requirements. Section 36.2-645. Street yard trees. Deciduous trees, as set forth in Section 36.2-642, Table 642-1, shall be provided between the building line and any street right-of-way when such building line is twenty-five (25) feet or more from the abutting street right-of-way. (b) One (1) such tree shall be provided for each fifty (50) feet of lot frontage, or portion thereof, exclusive of any perimeter parking area landscaping strips as required in Section 36.2-648(b)(5). If more than one (1) street yard tree is required by this section, such trees shall be distributed evenly across the applicable frontage. (c) At least fifty (50) percent of the required street yard trees shall be large deciduous trees. (d) For corner lots, the building line shall be evaluated separately for each frontage. (e) This section applies to the development of only new principal structures. * * * 226 Section 36.2-647. Buffering and screening. * * * Table 647-1 . Buffering and Screening of Certain Uses and Activities Activity or Use Location Buffering or Minimum Screening Height Materials Wall of a principal Between the wall and an abutting Buffer: None building that contains residential district, of multiple Deciduous less than 15% purpose district. or PUD district. trees and transparency evergreen shrubs Base of a retaining Between the wall and an abutting Buffer: 18 wall 5 or more feet in residential district, Of multiple Evergreen inches height within 10 feet of purpose district, or PUD district. shrubs I property line Any commercial or Between the location of the activity Screen: Solid 6 feet industrial process or and any abutting residential district, fence or wall activity occurring Of multiple purpose district, or PUD outside of a wholly district. enclosed building Activity or Use Location Buffering or Minimum Screening Height Materials Loading area, bay Between the loading area or loading Screen: Solid 6 feet door, loading dock, or dock and any abutting residential fence, wall, or truck terminal district, of multiple purpose district, evergreen tree or PUD district. screen * * * Car wash Between wash bay openings and Screen: Solid 6 feet any abutting residential district, of fence, solid multiple purpose district. or PUD wall, or district. evergreen tree screen * * * Outdoor storage Between the storage area and any Screen: Solid ,6 feet abutting residential district, Of fence, solid multiple purpose district. or PUD wall, or district. b-Between the storage area evergreen tree and any residential district; of screen 3 227 Imultiple purpose district, or PUD { (district across a street Outdoor storage lot Between the storage area and any Screen: Solid 6 feet abutting residential, multiple fence, solid purpose district, or PUD district and wall, or between the storage area and any evergreen tree residential, multiple purpose, or screen PUD district across a street Along street frontage when not Deciduous abutting a residential, multiple trees purpose, or PUD district across a street. Portable storage Between container storage area Screen: Solid 6 feet container as and any abutting residential district, fence or solid accessory use ec multiple purpose district, or PUD wall district. Recycling collection Between any receptacle and any Screen: Solid 6 feet point abutting residential district, or fence or solid multiple purpose district. or PUD wall district. * * Section 36.2-649. Standards for buffering, screening, and parking area landscaping materials. * * Table 649-1. Buffering, Screening and Landscaping Materials Materials IStandards * Evergreen Minimum spacing 2 feet on center shrubs Maximum spacing 3 feet on center Provide planting strip with minimum width of 3 feet unless otherwise specified in this chapter. Where a screen and shrubs are used together, shrubs shall be planted on the side of the screen opposite of where the development is proposed. * * * 228 Section 36.2-654. Parking and loading area standards. * * * Table 654-1. Parking and Loading Area Standards Standards for single-family dwellings, Standards for all other two-family dwellings, multifamily uses and zoning districts dwellings and townhouses with up to 4 dwelling units in a single structure on a single parcel, and townhouses with individual driveways regardless of district * * * Location Standards: * * * Setbacks, any 5 feet 5 feet property line abutting a street Exceptions: Not applicable for single- Exception: Not applicable family dwellings, two-family dwellings to a parking area where a and townhouses with individual street screen is used. driveways Not applicable to a parking area where a street screen is used. * * * Section 36.2-661. Applicability. * * * (c) Exemptions. The provisions of this division, including the requirements for a zoning permit, shall not apply to the following signs, provided that no such sign shall be placed within the public right-of-way : - . : - •- e '- - be located outside of any sight distance triangle or within any sight distance triangle. Exempted signs shall not be included in the maximum permissible number of signs or maximum permissible sign area. Any exempted sign that is to be located in the Historic Downtown Overlay District (H-1) or the Historic Neighborhood Overlay District (H-2) shall be subject to the requirements of Section 36.2-530 if applicable. * * * 229 (11) Political signs, e - - ..• - • • - - -• - within ten (10) * * * (20) Window covers placed on the inside of a window or windows of a vacant storefront to shield the interior of the building from view. Window covers shall not be subject to the maximum window coverage requirements of section 36.2-671 (b). * * * Section 36.2-668. On-premises signs, generally. The types, number and size of on-premises signs by zoning district shall be permitted as set forth in Table 668-1. Table 668-1. Type, Number, and Size of On-Premises Signs District Type Maximum Maximum Maximum Maximum Permitted Permitted Number of Sign Area dal Height Characteristics Signs Sign Area * * * RM-2, Freestanding 1 sign 25 sf 25 sf per 6 ft Identification RMF structure sign sign only per lot structure frontage Building- 1 per lot 25 sf 25 sf Not mounted frontage Applicable District Type Maximum Maximum Maximum Maximum Permitted Permitted Number of Sign Area Individual Height Characteristics Signs Sign Area MX, Freestanding 1 sign 0.5 sf per If 32 sf per 6 ft Illuminated CN, IN, structure of lot sign ROS, per frontage structure Changeable OF frontage copy. Building- None 32 sf plus 0.5 None Not mounted sf per If of Applicable Electronic building face readerboard or storefront permitted in CN over 32 and IN A If, plus additional 230 area per § 36.2-677 CG Freestanding 1 sign 1 sf per If of 100 sf per 25 ft Illuminated structure lot frontage sign Changeable per structure copy frontage Electronic readerboard Building- None 32 sf plus 1 None Not mounted sf per If of Applicable building face or storefront over 32 If, plus additional area per § 36.2-677 Upper-story None 10% of None Not Illuminated facade area, Applicable maximum 300 sf CLS Freestanding 1 sign 1 sf per If of 150 sf per 25 ft Illuminated structure lot frontage sign Changeable per 200 structure copy linear feet Electronic of lot readerboard frontage up to 4 signs Building- None 32 sf plus 1 None Not Illuminated mounted sf per If of Applicable Changeable building face copy or storefront Electronic over 32 If, readerboard plus additional area per § 36.2-677 231 pom Upper-story None 10% of None Not Illuminated facade area, Applicable maximum 300 sf District Type Maximum Maximum Maximum Maximum Permitted Permitted Number of Sign Area dal Height Characteristics Signs Sign Area D Freestanding 1 sign 0.5 sf per If of 32 sf per 6 ft Illuminated structure lot frontage sign Changeable per structure copy frontage Public service message board Electronic readerboard Building- None 32 sf plus 1 sf None Not Illuminated mounted per If of Applicable Changeable building face copy or storefront over 32 If, plus additional area per § 36.2-677 Upper-story None 10% of facade None Not Illuminated area, Applicable maximum 300 sf 1-1, 1-2, Freestanding 1 sign 0.5 sf per If of 125 sf per 16 ft Illuminated AD structure lot frontage sign per structure Changeable frontage copy Building- None 32 sf plus 1 sf None Not Electronic mounted per If of Applicable building face readerboard or storefront over 32 If, plus additional area per § 36.2-677 * * * P' Section 36.2-673. Temporary on-premises signs. 232 (a) No temporary sign shall be erected or posted until a zoning permit has been issued pursuant to Section 36.2-664. Zoning permits for temporary on-premises signs shall be limited to two (2) such permits per 365-day period per establishment located on the lot. (b) Any temporary sign shall comply with the regulations of this section and the height standards established by zoning district in Table 669 1 of Section 36.2 663 (c)(b) Temporary signs shall not be included in the computation of permitted sign area. (d)(c Except as otherwise provided in this section, no temporary sign shall be erected or placed for a period exceeding thirty (30) calendar days. (e)(d) Only one (1) temporary sign per lot frontage shall be erected or posted at any given time on any lot, except when such lot contains multiple establishments or uses, one (1) temporary sign shall be permitted for each separately identifiable use or establishment located thereon. (4)(e) Except as otherwise provided in this section, temporary signs shall be permitted in accordance with Table 673-1. * * APPENDIX A. DEFINITIONS * * * Attached structures: structures attached to buildings that are substantially unenclosed on their sides and designed to provide a transition from adjacent grade to an entrance. There are four defined types of attached structures: (1) Deck: an attached structure with an elevated floor and no solid roof. (2) Pergola: an attached structure with vertical supports of an open roof, with no floor. (3) Porch: an attached structure with an elevated floor and vertical supports for a solid roof. (4) Stoop: a small attached structure with an elevated floor and without a solid roof. Stoops do not exceed 100 square feet in floor area. * * * Commercial motor vehicle: Any motor vehicle or trailer used, designed, or maintained for the transportation of persons or property for compensation or profit, and which is one (1) of the following types of vehicles: trucks, tractor cabs, farm tractors, construction equipment, meter-passenger buses - - -e•-* --e e e- - e . e - e e e _ - - • . •e- e -- •e , trailers, semi-trailers, taxis, limousines, tow • trucks, dump trucks, roll back tow trucks, flatbed trucks, or step vans ; . but--net-i-nd-uding 233 Commercial motor vehicles shall not include any passenger cars, vans, trailers, or pickup trucks,and panel trucks, that are customarily used for non-commercial purposes. * * * Family day home: a child day program offered in the residence of the provider or the home of any of the children in care for six (6) through twelve (12) children under the age of 13, exclusive of the provider's own children and any children who reside in the home, when at least one child receives care for compensation. * * * Fence: A barrier, railing, or other upright structure, constructed of wood, wire, or other durable and permanent materials. * * * Group home - e - e • - .•- —et " — - - • (1) A residential facility in which no more than eight (8) natal ill, molly individuals with mental illness, intellectual disability, or developmental disabilities reside, with one (1) or more resident counselors or other nonresident staff persons, and for which the Department of Behavioral Health and Developmental Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. (2) A residential facility in which no more than eight (8) aged, infirm, or disabled persons reside, with one (1) or more resident or other staff persons, and for which the Department of Social Services is the licensing authority pursuant to the Code of Virginia (1950), as amended. For purposes of this definition, mental illness and developmental disability shall not include current illegal use of or addiction to a controlled substance as defined in Section 54.1-3401 of the Code of Virginia (1950), as amended. A "group home, subject to Virginia Code Section 15.2 2291" is not considered a "group care facility" for * * * Lot or zoning lot: For purposes of this chapter, a lot or zoning lot is a clearly defined parcel of land identified on a plat of record, fronting on a public street or an approved private street within a planned unit development, and having sufficient area and dimensions to meet minimum zoning district requirements for area, frontage, use, and coverage, and to provide such yards and other open space as required by the 234 respective zoning district regulations. In this chapter, the terms "lot" and "zoning lot" have the same meaning and may be used interchangeably. A lot may consist of combinations of contiguous lots of record or portions of lots so recorded, provided that in no case of subdivision or combination shall any residual lot, portion of lot, or parcel be created which does not meet the requirements of this chapter. Lots include the following specific types: (1) Corner lot: A lot located at the intersection of two (2) or more streets. (2) Interior lot: A lot with only one (1) frontage on a street. (3) Through lot: A lot which has frontages on two (2) nenintersecting streets. streets that do not intersect at the boundaries of the lot. * * Microbrewery or microdistillery: an establishment which is engaged in the manufacture of beer or spirits and which may include the retail sales and on-site consumption of beverages. The maximum building footprint for this use is 15,000 square feet, thus distinguishing it from the "manufacturing-beverage or food processing" industrial use by its smaller scale. * * * Outdoor display area: The placement of goods or merchandise for sale or for advertisement, outside of the building or structure in which the merchandise is normally sold. For purposes of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, motor vehicle and commercial motor vehicle fleets associated with a business establishment, and the inventory of a nursery or commercial greenhouse and the inventory of a storage building sales establishment shall not be considered an "outdoor display area." Outdoor storage: The keeping or storing, other than in a wholly enclosed building, of any goods, items, materials, or merchandise. "Outdoor storage" shall be permitted only as an accessory use where allowed by this chapter. For purposes of this definition, motor vehicle inventory for sale or lease, motor vehicle rental inventory, motor vehicle and commercial motor vehicle fleets associated with a business establishment, and the inventory of a nursery or commercial greenhouse, and the inventory of a storage building sales establishment shall not be considered "outdoor storage." * * * Variance: a reasonable deviation from those provisions regulating the size or area of a lot or parcel of land, or the size, area, bulk or location of a building or structure when the strict application of the zoning ordinance would result in unnecessary or unreasonable hardship to the property owner, and such need for a variance would not -�' 235 be shared generally by other properties, and provided such variance is not contrary to the intended spirit and purpose of the ordinance, and would result in substantial justice being done. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning. * * * APPENDIX B. SUBMITTAL REQUIREMENTS * * * B-2. Comprehensive Development Plan •-• (d) A comprehensive development plan shall include the following information, although the agent to the planning commission may waive any of the following required information, if it is not needed to determine compliance with a specific section of this chapter and if the agent identifies such code section pursuant to Sections 36.2-552(c) and 36.2-553(c)(1)(B) of the Code of the City of Roanoke (1979), as amended: * * * stumps, or debris, to be removed from the site. (7) An Erosion and Sediment Control Plan as required by Chapter 11.1, Erosion and Sediment Control, of this Code. * * * (10) Erosion and Sediment Control Narrative, detailing project description, erosion and sediment control measures, permanent stabilization, other relevant information. encompass. (12) Sediment basin and sediment traps, showing location, size, and all interior 236 •_: • : . - se • • . •• e :: - - • . , •e • '•: - • ••e - se e e ee -e rTP j site grading. (15) Construction entrance and any related appurtenances, such as temporary pip , - • -e . 'e- e _ : e- - : e - -` pip- (16) All necessary erosion and sediment control measures required to control sediment and erosion on site. (17)(10) Vicinity map showing the location of the site in relation to surrounding features such as streets and major thoroughfares, drawn to a scale of one (1) inch equals eight hundred (800) feet, or comparable scale or size. 48)(11) North arrow. (-4-9)(12) Abutting streets with proper name, suffix (such as N.E., S.W.), and right- of-way width. (20)(13) Metes and bounds description (bearings and distances) shown along all property lines. F-� (21)(14) Stormwater management plan as required by Chapter 11.6, Stormwater Management, of this Code. �. _ e - e .-. e • - -e e - se • •. e . a . _ _ e e:: se (B) Calculations for storm sewer systems of stormwater runoff based on runoff Code and the Stormwater Management Design Manual (provided under separate cover, not on drawings); and (D) Profile of all storm sewer systems on site andlor associated with site work. (22)(15) Location, design, and size (including size and type of all pipes and inlets) of all existing and proposed utility facilities (water lines, sewer lines, and storm drains) and related easements, and the location and type of refuse storage facilities. 237 (2-3-)(16) Delineation of drop inlets, manholes, and similar facilities. two (2-4)(17) Concrete curb, gutter, and sidewalk delineated and noted by type, as required. (2-5--)(18) Outdoor lighting plan as required by Section 36.2-624 (-26)(19) Landscape Plan (see Section B-3, Appendix B). (27)(20) If constructing streets to be dedicated for public use, street plans and profiles showing the following shall be required: (A) Existing and proposed drains, sanitary sewers, sewer laterals extended to the property lines, water lines and laterals, fire hydrants, and similar facilities; and slope of all (B) Center line grade of the street, the size, depth, p required drains, and the size, location, and depth of water mains; (C) Cross-sections of the streets taken at each fifty-foot station at street intersections or other points required to properly establish the grade of the street may be required by the Agent to the Planning Commission; r... (D) Plan and profile of all sanitary sewer lines, water lines, or storm sewers to be dedicated as public improvements; and (E) Existing and proposed contours along any proposed street to the point(s) at which it ties in with existing street(s). * * * control measures, any one (1) or more of the documents set forth below may be agreements and/or guarantees dclin ated below, the preparer • of the unit quantities, with totals, for all proposed public improvements, erosion and 238 (1) -Development-- agreement between the developer and the City, and sediment control measures; s - - - ••- • -- e - e e•: - - e - -e _ . • •- _ •: _ • e • - (3) Maintenance agreement between the developer and/or owners of the 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: 5L11=t.L.t"" 4c) CaZtAAAA.,"..L._ Stephanie M. Moon Reynol , MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40089-1103214. AN ORDINANCE amending and reordaining Section 14.1-1, Definitions, of Article I, In General; Section 14.1-3, Littering, of Article I, In General; and Section 14.1-23, Placement and collection of bulk items, brush and bagged leaves, of Division 1, Generally, of Article II, Collection by an Authorized Person; of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; adding Section 14.1-25, Collection of Sharps, of Division 1, Generally, of Article II, Collection by an Authorized Person, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 239 1. Section 14.1-1, Definitions, of Article I, In General; Section 14.1-3, Littering, of Article I, In General; and Section 14.1-23, Placement and collection of bulk items, brush and bagged leaves, of Division 1, Generally, of Article II, Collection by an Authorized Person, of Chapter 14.1, Solid Waste Management of the Code of the City of Roanoke (1979), as amended, are hereby amended and reordained, to read and provide as follows: Sec. 14.1-1. Definitions. Sharps shall mean any hypodermic needle, suture needle, scalpel blade, pen needle, lancet or other sharp object, the purpose of which is to puncture human skin for medical treatment or injection of medication prescribed by a medical doctor. Such solid waste shall not include sharps collected or used by persons in the course of their employment at any entity subject to regulations promulgated by the Occupational Safety and Health Administration, such as a health care facility or nursing home. * * * Sec. 14.1-3. Littering. (a) The dumping, casting, leaving or otherwise disposing of solid waste or other unsightly matter on a public highway, street or right-of-way, park or other public property, or on private property, without the written consent of the owner thereof, is prohibited. * * * (f) The above subsections notwithstanding, the city manager may order, in writing, either the owner or, if a property is not occupied by an owner, the occupant of any such property. to remove solid waste found lying or located on the city right-of-way placed there by either of such persons in violation of any provision of this chapter. The order shall be personally served on such owner or occupant by the city manager, who shall note the time, place and manner of such service on a duplicate copy of the notice to be retained by the city manager. In lieu of such personal service, such notice may be posted on the owner's property in a conspicuous location and a copy of such notice sent through the United States Postal Service by mail postage prepaid, addressed to such owner e -essupan.t at his or her last-known address as set forth in the city's real estate valuation records. The notice shall state the time within which the action or work ordered to be done must be completed, and such time shall not be less than twenty-four (24) hours before such responsible ownerperson Of es -shall have received notice of the work ordered to be done. The notice shall further state that if such person does not complete such work within such time period, the city may abate such violation or hire a private 240 contractor to perform the work and bill the owner for such abatement �... costs. If the owner does not pay such costs, the notice shall further advise that the unpaid costs of the abatement, together with the administrative L_ fee and any interest, may constitute a lien against the property in favor of the city. Any person receiving such notice shall immediately proceed to remove such solid waste and provide proof of proper disposal acceptable to the city manager, such as a disposal receipt from the transfer station. (g) Upon the failure, neglect or refusal of any person the owner or occupant upon whom notice has been served pursuant to subsection 14.1-3(f) of the City Code to comply with such order, the city manager may have the removal performed by city personnel or a private contractor. The city manager shall keep an account of the cost for such removal and shall bill the owner or occupant responsible for placing the solid waste within the right-of-way plus an administrative processing fee of one hundred dollars ($100.00) in addition to the actual cost and fees incurred in the removal and disposal of such solid waste. If such bill is not paid within thirty (30) days, legal action may be instituted for its collection.the city may charge and collect the cost thereof from the responsible owner in any manner provided by law for the collection of state or local taxes. Every charge in excess of two hundred dollars ($200.00) which has been assessed against the owner of property affected by this section and which remains unpaid shall constitute a lien against such property. Prosecution for failure, neglect or refusal of such person to remove such solid waste shall not be barred by the city proceeding to have the work done in accordance with this section. (h) The city manager shall cause a notice of the lien of the special assessment prepared by the city attorney to be recorded in the Clerk's office of the Circuit Court of the City of Roanoke, Virginia. The city attorney may take appropriate steps, including a personal or in rem suit or action in the appropriate court, to enforce the lien to satisfy the special assessment. (I) The director of finance and the city treasurer, when in their discretion it is just and proper to do so, may waive liens imposed pursuant to this section whenever doing so will facilitate the sale of the property and encourage its productive reuse. Such liens may be waived only as to a purchaser who is unrelated by blood or marriage to the owner and who has no business association with the owner. All such liens shall remain a personal obligation of the owner of the property at the time the liens were imposed. 4* 241 Sec. 14.1-23. Placement and collection of bulk items, brush and bagged leaves. (a) The city will pre-vide collect bulk item::, brush, and bagged leaf collection leaves for the owner or occupant of any dwelling unit served by an automated collection container from any lot on which the dwelling unit is located and from any vacant lot zoned for residential use from which the brush or bagged leaves originate. e ' . • • - - - e•- . _ _- - : - .: - - - provided by the city. Such owner or occupant shall place bulk items, bagged leaves or brush as close as possible to the curb, and if there is no curb, as close as possible to the street, or in an automated collection container. Such placement shall be made no earlier than 7:00 p.m. of the day prior to the scheduled date of collection and no later than 7:00 a.m. of the day scheduled for collection. No collection of bulk items, brush or bagged leaves will be made from any alley. All woody or leafy yard waste must be stacked in a pile that is no greater than four (4) feet wide, four (4) feet long, and four (4) feet high. No single branch placed for collection can be greater than four (4) feet in length or three (3) inches in diameter 2. Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, be further amended by adding Section 14.1-25, Collection of Shams, of Division 1, Generally, of Article II, Collection by an Authorized Person, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to read and provide as follows: Sec. 14.1-25. Collection of Sharps. (a) Sharps shall be placed for collection in an opaque plastic container, such as an empty bleach container, a heavy plastic laundry detergent container, an empty milk container, or an empty plastic carbonated beverage container which is tightly sealed with a lid. Such a lid shall be taped closed. (b) Before setting sharps out for collection, the container in which they are stored shall be marked with indelible ink, "Sharps," on at least two (2) sides of the container. 3. This ordinance shall be effective as of the date of its passage. 242 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: *Ce•—•,,A-,01. , 1...) Stephanie M. Moon R ol• ,iMMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40090-110314. AN ORDINANCE to appropriate funding from the Capital Projects Fund Contingency to the Sealed Trash Compactor project, 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 Contingency 08-530-9575-9220 $ (120,000.00) Appropriated from General Revenue 08-530-9669-9003 120,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED kATTEST: c)OrcticAm4.44"--N Ati9"-itz)\a)Stephanie M. Moon Re Ids, MC David A. Bowers City Clerk Mayor 243 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40091-110314. AN ORDINANCE amending Section 14.1-1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to provide for the proper collection of refuse as set forth below; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1-1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1-1. Definitions * * * Sealed compactor zone shall mean that area which is bordered by the centerlines of Jefferson Street on the west, Williamson Road on the east, Norfolk Avenue on the north, and Church Avenue on the south..-, and that area which is bounded by the centerlines of 1st Street, S.W. and Jefferson Street to the west and east and Norfolk Avenue and Kirk Avenue to the north and south, as well as 2nd Street and 1st Street, S.W. to the west and east and Norfolk Southern Railroad and Salem Avenue to the north and south. * * * 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: � Pr), aa1 _ Stephanie M. Moon Reyno s, MM David A. Bowers City Clerk Mayor 244 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40092-110314. A RESOLUTION amending the Fee Compendium to amend fees for refuse collection in the Central Business District, as set out below; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as since amended, shall be amended to reflect the following fees. FEE CURRENT AMOUNT NEW AMOUNT Refuse fees for curbside collection for $120.00 per month $240.00 per month Restaurant, Office, and Financial Institutions within a sealed compactor zone in the Central Business District, but not registered for sealed compactor service, inside of a Sealed Compactor Zone for Restaurant, Office, and Financial December 31, 2013. after March 31, 2015 and before July 1, 2015. Refuse fees for curbside collection for $70.00 per month $140.00 per month Specialty Retail, Health, Church and Nonprofit Institutions within a sealed compactor zone in the Central Business District, • ': - _ - _ - • _ __ _ _ _ • - for Specialty Retail, Health, Church and e - e e • • - 'e - ,but not registered for sealed compactor service, after March 31, 2015 and before July 15, 2015. Refuse fees for curbside collection for $120.00 per month $120.00 per month Restaurant, Office, and Financial Institutions in the Central Business District outside of a &sealed Gcompactor Zzone far Restaurant, office, and Financial n Istit oons_ 245 FEE CURRENT AMOUNT NEW AMOUNT Refuse fees for curbside collection for $70.00 per month $70.00 per month Specialty Retail, Health, Church and Nonprofit Institutions in the Central Business District outside of a Ssealed Ccompactor Z ezone for Specialty Retail, Health, Church and Nonprofit Institutions. Refuse fees for registered sealed-trash N/A Two free uses per compactor users in the Central Business week; $1 per use District for Restaurant, Office, and Financial remainder of week; Institutions, after July 1, 2013. not to exceed $120 per month Refuse fees for registered sealed trash N/A Two free uses per compactor users in the Central Business week; $1 per use District for Specialty Retail, Health, Church, remainder of week; Residential, and Nonprofit Institutions, after not to exceed $70 July 1, 2013. per month Recyclable disposal fees for registered NIA FREE c alcd compactor uscrs in the Central B siness District for Restaurant, Office, and Financial Institutions, after July 1, 2013. `' 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect upon passage of this Resolution. APPROVED ATTEST: 54-[24•1:44...AYA • ti SD.0124:14A"Ad*A"'"*.- Stephanie M. Moon Rey Olds, M C David A. Bowers City Clerk Mayor 246 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40093-110314. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Broadband Infrastructure project, 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 08-310-9692-9003 $ 100,000.00 Fund Balance Economic and Community Development 08-3365 (100,000.00) Reserve - Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: )1(1 y OC2CPCIAur. Stephanie n s hanie M. Moon Re C p Y David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40094-110314. AN ORDINANCE to appropriate funding from the Economic Development Authority (EDA), Economic & Community Development Reserve, and Roanoke Centre for Industry and Technology (RCIT) businesses for the RCIT Sidewalk project, amending and reordaining certain sections of the 2014 - 2015 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. I 247 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: Capital Projects Fund Appropriations Appropriated from General Revenue 08-310-9677-9003 $ 83,814.00 Appropriated from Third Party 08-310-9677-9004 155,144.00 Revenues EDA Contribution for RCIT Sidewalks 08-300-9677-9677 83,814.00 RCIT Owner's Contribution for Sidewalks 08-300-9677-9677 71,330.00 Fund Balance Economic and Community Development 08-3365 (83,814.00) 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: nAbijn ( Vvio..643 ZyG6reAAAAAA.A....1 Stephanie M. Moon Reynola's,MMt David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40095-110314. A RESOLUTION accepting a Local Government Challenge Grant to the City from the Virginia Commission for the Arts; approving and confirming the application process for such Grant; authorizing the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 248 1. The City of Roanoke hereby accepts the Local Government Challenge Grant offered by the Virginia Commission for the Arts in the amount of $5,000.00, upon certain terms, provisions, and conditions relating to the receipt of such funds. The Grant, which requires a local match in the amount of at least $5,000.00, is more particularly described in the City Council Agenda Report dated November 3, 2014. 2. City Council hereby approves and confirms the application process for the above Local Government Challenge Grant and authorizes the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement, with such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds, as allowed by the terms and conditions of the Grant, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: icrjr-4jui--) 01M ! ' � •- Stephanie M. Moon Reyn , M I�� David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40096-110314. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Local Government Challenge 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 Mill Mountain Theatre 35-410-8751-3749 $ 2,500.00 Southwest Virginia Ballet 35-410-8751-3794 2,500.00 Revenues Local Challenge Grant FY15 35-410-8751-8751 5,000.00 249 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Rtt-LitAY\ �lh.I i Of2atAAAAAA.,„„ `� Stephanie M. Moon Reyn ds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40097-110314. A RESOLUTION authorizing an agreement among the City of Roanoke, Virginia, Virginia Western Community College (College), and the Virginia Western Community College Educational Foundation, Inc. for the purpose of furthering the City's economic development goals; authorizing the City Manager to execute such Agreement; and authorizing the City Manager to implement, administer, and enforce such Agreement. ar" WHEREAS, two goals of the City's economic development program are the encouragement of a thriving business environment and the creation of innovative workforce opportunities; WHEREAS, in June, 2012, the City participated with regional partners such as Virginia Tech, Virginia Tech Carilion Research Institute, Roanoke-Blacksburg Technology Council, Virginia Western Community College, and several private companies to prepare and issue The Roanoke-Blacksburg Regional Innovation Blueprint in furtherance of those goals; WHEREAS, a major recommendation of the Innovation Blueprint was the creation of physical hubs of activity that naturally connect businesses and workforce talent; WHEREAS, the College has been involved in the Grandin CoLab (CoLab) with support activities at the facility since it opened in March, 2014, to provide an infrastructure for the region's entrepreneurial and small business ecosystem by hosting events, providing resources, mentorship programs, and share workspace; ilml 250 WHEREAS, the attached Agreement with Regard to Funding (Agreement) proposes to support the work of the College at the CoLab by providing funding for the College to continue support activities at the CoLab with the goal of creating new businesses in the City that will lead to employment opportunities for the citizens of Roanoke; and WHEREAS, the City is authorized to make donations contemplated by the Agreement pursuant to Section 15.2-953, Code of Virginia (1950), as amended. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute an Agreement that provides that the City would make available to the College through the Virginia Western Community College Educational Foundation, Inc. the sum of up to $150,000.00 during the three year term of the Agreement, all as more fully set forth in the City Council Agenda Report dated November 3, 2014. 2. Such Agreement shall be in such form as is approved by the City Attorney, and shall be substantially similar to the one attached to the above mentioned report. 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 the above mentioned Agreement, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: \11 \ / WCEj264A4, Stephanie M. Moon Re molds, 'MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40098-110314. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Virginia Western Community College and Virginia Western Community College Educational Foundation, Inc. Grandin Co-Lab project, amending and reordaining certain sections of the 2014 - 2015 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 251 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 08-310-9127-9003 $ 150,000.00 Fund Balance Economic and Community Development 08-3365 ( 150,000.00) Reserve - Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: J )1)1 ,1 Ifft2r4t) Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor PI II IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40099-110314. AN ORDINANCE amending and reordaining Chapter 17, Human Resources, Article III, Youth Services Citizen Board, Code of the City of Roanoke (1979) as amended; providing for explanation of the amendments outlined herein, providing for effective dates; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 17, Human Resources, Article III, Youth Services Citizen Board, Code of the City of Roanoke (1979) as amended, is hereby amended and reordained to read and provide as follows: Sec. 17-31. Created; composition; appointment, terms of members; restriction on membership; filling of vacancies. gm r 252 There is hereby created a city of Roanoke youth services citizen board. The board shall consist of not more than twenty (20) fifteen (15) members appointed by the city council for terms of up to not to exceed of three (3) years for each member of the board, other than the two (2) student members. The terms of each student member shall expire at the earlier of (a) three (3) years, or (b) the date on which the student reaches the age of eighteen. Council shall also appoint two (2) alternate student members who will serve in the absence of the student member, the initial term for each member shall commence July 1, 2015. The initial terms of the members of the board, other than the student members, shall be staggered and city council shall appoint four (4) members who shall each have initial terms of one (1) year; four (4) members who shall each have initial terms of two (2) years; and five (5) members who shall each have terms of three (3) years. Of the members first appointed, seven (7) shall be appointed for terms of three (3) years; seven (7) for terms of two (2) years; and six (6) for terms of one (1) year. Membership shall be restricted to residents of the city. The city clerk shall notify council promptly if any vacancy occurs. Appointments to fill vacancies shall be for the unexpired term of the member whose term becomes vacant. Sec. 17-32. Qualification of members. representatives of public and private agencies serving youths, citizens not employed by government or service agencies, at I act ens (1) member who is below the age of eighteen (18) years, and at least one (1) representative from each of the following backgrounds: Business, legal, The Board shall consist of members as follows: (a) One (1) member shall be a member of city council; (b) FiveThree (53) members shall be representatives of public and private agencies serving youth; (c) One (1) member shall be, at the time of the appointment, under the age of eighteen (18) and a student at William Fleming High School; (d) One (1) member shall be, at the time of the appointment, under the age of eighteen (18) and a student at Patrick Henry High School; AN 253 (e) Seven Five (75) members who are not employed by a government or service agency and have a background in business, law, medicine, education, or juvenile justice. A majority of the Board shall be citizens who are not employed by government or service agencies and are not elected governmental officials. —Council shall designate alternatives for each of the student member to ensure participation by members under the age of eighteen. Sec. 17-33. Responsibilities. (a) It shall be the responsibility of the board to: (1) Assist community agencies and organizations in establishing and modifying programs and services to youth on the basis of an objective assessment of the community's needs and resources. (2) Evaluate and monitor community programs and services to determine their impact on youth. (3) Provide a mechanism whereby all youths and their families with needs for services will be linked to appropriate services. (4) Attempt to resolve agency policies and procedures that make it difficult for youths and their families to receive services. (b) The board shall actively participate with community representatives in the formulation of a comprehensive plan for the development, coordination and evaluation of the youth services program and shall make formal recommendations to the city council at least annually concerning the comprehensive plan and its implementation during the ensuing year. Sec. 17-34. Organization; procedures; committees. as it deems necessary, who shalt serve succeed themselves. The board may adopt rules of procedure for as it may deem desirable to advise it on matters within its area of responsibility. 4 254 (a) The board shall elect a chair and vice-chair from its membership who shall serve annual terms and who may succeed themselves. (b) The board may adopt bylaws or rules of procedure for conducting its affairs, so long as such bylaws and rules of procedure are consistent with the laws of the commonwealth and the charter and ordinances of the city. (c) The board may appoint such committees as it deems necessary or desirable to advise the board on matters as directed by the board. Membership on such committees shall not be limited to members of the board. Committees appointed by the board may meet with the board during a regular session of the board. The board shall designate a chair for each committee and each chair shall make regular reports to the board regarding matters within the responsibility of the committee. Sec. 17-35. Staff. The board shall be provided such staff support from the city as may be provided for by the city manager. The board shall be provided legal advice from the city attorney. 2. The terms of office for all current members of the Youth Service Citizens Board shall expire on June 30, 2015, if such terms have not already expired. 3. City Council may solicit applications for appointment to the City of Roanoke Youth Service Citizen Board for term beginning July 1, 2015. 4. Section 1 of this ordinance shall become effective on and after July 1 , 2015. 5. The remaining sections of this Ordinance become effective upon passage. 6. Pursuant to Section 12 of the Roanoke City Charter, the second reading by title of this ordinance is hereby dispensed with. APPROVED ATTEST: AtAmAii)lel Wt1 Plt7ft C2U•44AAA.400%._ Stephanie M. Moon Reynolds, MMC v✓ David A. Bowers City Clerk Mayor 255 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40100-110314. A RESOLUTION adopting and endorsing a Legislative Program for the City to be presented to the City's delegation to the 2015 Session of the General Assembly. WHEREAS, the members of City Council are in a unique position to be aware of the legislative needs of this City and its people; WHEREAS, previous Legislative Programs of the City have been responsible for improving the efficiency of local government and the quality of life for citizens of this City; WHEREAS, Council is desirous of again adopting and endorsing a Legislative Program to be advocated by the Council and its representatives at the General Assembly; and WHEREAS, the Legislative Committee of City Council has by report, dated November 3, 2014, recommended to Council a Legislative Program to be presented at the 2015 Session of the General Assembly. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the 1. The Legislative Program transmitted by report of the Legislative Committee, dated November 3, 2014, is hereby adopted and endorsed by the Council as the City's official Legislative Program for the 2015 Session of the General Assembly. 2. A joint meeting of the School Board and City Council will be held on Monday, December 1, 2014, at 9:00 a.m., to present the 2015 Legislative Program to the Senators and Delegates. APPROVED ATTEST: *11;41) Stephanie M. Moon Reyn Ids, M C David A. Bowers City Clerk Mayor I 256 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of November, 2014. No. 40101-110314. AN ORDINANCE authorizing the City Manager to execute a sales agreement with the Rain Corporation ("Rain"), providing for the acquisition from Rain of certain real property located in the City of Roanoke, Virginia, containing approximately .858 acres, located at 2839 Peters Creek Road, and designated as Roanoke Official Tax Map No. 6410104; 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 as follows: 1 . The City Manager is hereby authorized to enter into a sales Agreement with Rain and execute related documents, for the purchase from Rain of real property located in the City of Roanoke, Virginia, containing approximately .858 acres, located at 2839 Peters Creek Road, and designated as Roanoke Official Tax Map No. 6410104, for the purchase price of $275,000.00. 2. Acquisition of such real property shall be conditioned upon the return of an acceptable title report and environmental inspection, and shall be subject to existing leases which encumber the property. 3. The sales agreement shall be substantially similar in form to the sales agreement attached to this Ordinance as Exhibit A, and shall be upon form approved by the City Attorney. 4. Pursuant to Section 12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyn64ds, M C David A. Bowers City Clerk Mayor 257 Draft Date 11.03.2014 EXHIBIT A COMMERCIAL PURCHASE AGREEMENT This Commercial Purchase Agreement (the "Agreement") dated this day of November, 2014, between the CITY OF ROANOKE, VIRGINIA, a municipal corporation established and existing under the laws of the Commonwealth of Virginia ("Purchaser"), and RAIN CORPORATION, a corporation established and existing under the laws of the Commonwealth of Virginia ("Seller"). 1. Sale of Property. Purchaser agrees to buy and Seller agrees to sell the land, all improvements thereon, and all rights and appurtenances thereto belonging, located in the City of Roanoke, Virginia, with the tax parcel number and description as follows: Property Description: .858 Acres McAdam Road and also known as 2839 Peters Creek Road, NW, Roanoke, VA 24017. Tax map number 6410104. 2. Purchase Price. The purchase price for the Properties is Two Hundred Seventy Five Thousand Dollars ($275,000) (the "Purchase Price") and shall be paid to Seller at Settlement, subject to the prorations and adjustments described herein, as follows: A. Deposit. Purchaser shall make a deposit of $5,000 (the "Deposit") to be held by MKB, REALTORS (the "Escrow Agent"). Purchaser will pay the Deposit to the Escrow Agent by November 7, 2014. The Deposit may be held in an interest bearing account and the parties waive claim to any such interest. The Deposit shall be applied towards the Purchase Price at Settlement. If Settlement does not occur, the Deposit shall be paid as provided herein. B. Balance. The balance of the Purchase Price shall be paid by Purchaser at Settlement in certified funds or bank wire. 3. Settlement. A. Settlement of Property. Settlement of the purchase and sale of the Property shall be made at the offices of the City Attorney and close through escrow on or before February 2, 2015 ("Settlement"). Possession of the Property shall be delivered to Purchaser at Settlement. 258 B. Deliveries by Seller at Settlement. At Settlement, Seller . shall deliver to Purchaser the following: (i) A general warranty deed with full English covenants of title (the "Deed") conveying to the Purchaser good and marketable fee simple title to the Property, free and clear of all liens, encumbrances, conditions and restrictions, except any lien for real estate taxes not yet due and payable, and any Title Objections for which Purchaser has no objection and/or has waived such objection pursuant to Paragraph 5; (ii) An affidavit for the benefit of Purchaser and its title insurer, satisfactory to Purchaser's title company (the "Affidavit") stating that (i) no right to a mechanic's or materialman's lien has accrued with respect to the Property as a result of any act or omission by the Seller and (ii) there are no outstanding leases or agreements (other than referenced in this agreement) with regard to, or other parties in or entitled to .- . possession of, the Property; (iii) Assignment of all existing leases, together with any security deposits, and appropriate attornment agreements and statement as to defaults under the leases; (iv) A Certificate of Non-Foreign Status as required by Section 1445 of the Internal Revenue Code of 1986 and any other certificates required by any governmental authority or agency; and (v) Such other Seller certifications as Purchaser, Purchaser's lender or Title Company may reasonably require. . 259 C. Costs and Prorations. Seller shall pay the costs of preparing the Deed, the Grantor's tax thereon and any other expenses incurred by Seller. Purchaser shall pay for the cost of the title search, title insurance premiums, survey expenses, lender fees, Grantee's tax and all other settlement expenses incurred by Purchaser. Real estate taxes, rent, CAM and assessments, as applicable, shall be prorated between Seller and Purchaser as of the date of the Settlement. Each party shall pay its own legal, accounting and other expenses incurred in connection with this Agreement or Settlement. D. Condition of Property. Purchaser agrees to accept the Property as Settlement in its physical condition at the time this Agreement is fully executed by all parties, except as otherwise provided herein. Seller agrees to maintain the Property in good condition and repair until Settlement. At Settlement, Seller agrees to transfer to Purchaser all existing warranties, if any, on the Property's roof, structural components, HVAC, mechanical, electrical, security and plumbing systems. Seller shall deliver the Property in a "broom clean" condition free of all trash and personal property of Seller. 4. Feasibility Period. A. Purchaser, its agents, contractors or employees of the City of Roanoke shall have until 5:00 PM EST on January 9, 2015 (the "Feasibility Period"), the right to: (i) enter the Property for the purpose of inspecting the Property and performing any and all tests, examinations, and inspections, including drilling and exploration for environmental site assessments, including a Phase I and Phase II or any other tests as are desirable to Purchaser in its sole and absolute discretion; (ii) seek zoning information from the local governing authority concerning Purchaser's intended use of the Property; and/or (iii) apply for lender financing to acquire the Property. B. On or before November 10, 2014 Seller shall deliver to Purchaser copies of the following materials related to the Property if in Seller's possession: (i) any Phase I or other environmental studies; (ii) a current survey; (iii) the most current owner's title insurance policy; (iv) all leases affecting the Property, and (v) all contracts affecting the Property that are not terminable at will. Items (i) through (v) are collectively referred to as the "Materials". 260 C. If Purchaser is not satisfied in its sole and absolute discretion with all aspects of the Property (including zoning) or the Materials, or has not obtained financing upon terms and conditions satisfactory to Purchaser, then Purchaser shall have the right, upon written notice to Seller prior to the expiration of the Feasibility Period, to terminate this Agreement, in which event the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation or liability to one another. Should Purchaser not have completed any of the tests or examinations outlined in 4. Feasibility Period A. above, the Purchaser shall have the right to extend the Feasibility Period for an additional 45 days and the date of Settlement shall also be extending for an additional 45 days. D. If Purchaser fails to acquire the Property, Purchaser agrees: (i) to repair any damage arising as a result of its exercise of the right of access granted in this Paragraph 4; and (ii) upon demand to return the Materials to Seller. 5. Title and Survey Objections. Purchaser may, at is sole expense, obtain a title insurance commitment and a survey for the Property. Prior to the expiration of the Feasibility Period, Purchaser shall notify the Seller in .-01111 writing as to any title or survey objections regarding the Property that the Purchaser is unwilling to accept (collectively the "Title Objections"). Seller shall advise Purchaser in writing within ten (10) days after receipt of such notice, which if any of the Title Objections will not be cured by Seller at or prior to Settlement. Seller shall have no obligation to cure title objections except liens created, voluntarily or involuntarily, by, under or through Seller, which liens Seller shall cause to be released at or prior to Settlement (with Seller having the right to apply the Purchase Price or a portion thereof for such purpose), and Seller shall deliver the Property free and clear of any such liens. If Seller fails to respond to Purchaser within such ten (10) day period or if Seller's response indicates that it does not intend to cure one or more of the Title Objections, then Purchaser may, at is option either (i) terminate this Agreement by giving written notice to Seller; (ii) cure such Title Objections as its own expense and proceed to Settlement with no reduction in the Purchase Price; or (Hi) waive such Title Objections and proceed to Settlement, with no reduction in the Purchaser Price. If Purchaser elects to terminate this Agreement, the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation or liability to one another. 261 6. Conditions Precedent to Obligation of Purchaser. This Agreement and all of Purchaser's obligations hereunder are further subject to Purchaser determining in its sole and absolute discretion that all of the conditions set forth in this Paragraph 6 have been satisfied or waived in writing by Purchaser. In the event that any of the following conditions are not satisfied or waived by Purchaser, purchaser may give written notice to Seller termination this Agreement on or before Settlement, in which even the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation or liability to one another. A. Seller's Representations and Warranties. All the representations and warranties of Seller made herein shall have been true when made and shall be true and correct as of Settlement, with no material changes therein. B. Seller's Deliveries. As of Settlement, Seller shall have taken all action and delivered all documents and materials required by this Agreement. C. No Litigation. As of Settlement, there shall be no litigation, _ proceeding or investigation pending, or to the knowledge of Purchaser or Seller threatened, which might prevent or adversely affect the intended use of the Property or which questions the validity of any action taken or to be taken by Seller or Purchaser hereunder, or which threatens the continued operation of the Property for commercial purposes. 7. Representations and Warranties of the Seller. Seller, jointly and severally (if more than one Seller), represents and warrants unto Purchaser as of the date hereof and on the Settlement date that: A. Authority and Marketable Title. Seller is the owner of the Property, possesses the requisite authority to enter into and perform this Agreement, and has the absolute right to sell, assign, and transfer the Property to Purchaser at Settlement. B. No Pending Litigation or Bankruptcy. There are no actions, suits or proceedings at law or in equity pending, threatened against, or affecting the Property before or by any federal, state, municipal, or other governmental department, commission, board, bureau, agency, or instrumentality. No bankruptcy or similar action, whether voluntary or involuntary, is pending or is threatened against Seller, and Seller has no intention of filing or commencing any such action within ninety (90) days following Settlement. 262 C. No Outstanding Purchase Option. No option, right of first refusal or other contractual opportunity to purchase the Property has been granted to, or executed with; a third party that is enforceable against Seller and/or the Property giving such third party a right to purchase an interest in the Property or any party thereof. D. No Notice of Repairs. Seller has received no written notice from any governmental agency that repairs, alterations or corrections that must be made to the Property. E. Hazardous Materials. To the best of Seller's actual knowledge, no toxic or hazardous materials (as said terms are defined in any applicable federal or state laws) have been used, discharged or stored on or about the Property in violation of said laws, and to the best of Seller's knowledge, no such toxic or hazardous materials are now or will be at Settlement located on or below the surface of the Property. There are no petroleum storage tanks located on or beneath the surface of the Property. F. Parties in Possession. As of the Settlement date, there will be no adverse or other parties in possession of the Property or any part .-. thereof other than disclosed in this agreement, nor has any party been granted any license, lease or other right or interest relating to _ the use or possession of the Property or any part thereof. G. Other Contracts. Seller is not a party to any contracts relating to the Property that is not terminable at will. Between the date of this Agreement and the Settlement date, Seller will not, without the prior written consent of Purchaser, enter into any contract relating to the Property that is not terminable at will. H. No Undisclosed Restrictions. Seller has not, nor to the best of Seller's knowledge or belief has any predecessor in title, executed or caused to be executed any document with or for the benefit of any governmental authority restricting the development, use or occupancy of the Property that has not specifically been disclosed to Purchaser or wouldn't be revealed by a title report. 8. Risk of Loss. The risk of loss or damage to the property by fire or other casualty prior to Settlement shall be on the Seller. If such loss or damage materially and adversely affects the use of the Property as of Settlement, Purchaser shall be entitled to terminate this Agreement by written notice to Seller, in which event the Deposit shall be refunded in full aim to Purchaser and the parties shall have no further obligation or liability to one another. - 263 9. Condemnation. If, prior to Settlement, any taking pursuant to the power of eminent domain is proposed or occurs, as to all or any portion of the Property intended to be acquired at Settlement by the Purchaser, or sale occurs in lieu thereof, the Purchaser shall be entitled to terminate this Agreement by written notice to Seller, in which the Deposit shall be refunded in full to Purchaser and the parties shall have no further obligation or liability to one another. 10. Access/Cooperation. During the term of this Agreement, Purchaser and his duly authorized employees, agents, and contractors shall be entitled to reasonable access to the Property for the purpose of surveying, appraising and making other findings related to the Property. 11. Agents / Brokers and Agency Disclosure. The parties acknowledge that Henry Scholz with MKB, REALTORS ("Listing Broker") represents the Seller. The parties further acknowledge that disclosure of the brokerage relationships was made to them by the real estate licensee involved in this transaction when specific assistance was first rendered and confirmed in writing. Each party represents and warrants that it did not consult or deal with any broker or agent with regard to this Agreement or the transaction contemplated hereby, except for Henry Scholz with MKB, REALTORS the Listing Broker. Seller agrees to indemnify and hold the Purchaser harmless from all liability, expense, loss, cost, or damage, including reasonable attorney's fees that may arise by reason of any claim, demand, or suit of any agent or broker for a fee or commission. Listing Broker shall be paid a brokerage fee by Seller of 4% of the Purchase Price and Seller authorizes the settlement agent to make such payment from Seller's funds at settlement. 12. Notices. Any notice, request or demand required or permitted to be given pursuant to this Agreement shall be in writing and shall be deemed sufficiently given if, delivered by hand or messenger as the address of the intended recipient, sent prepaid by Federal Express (of a comparable guaranteed overnight delivery service), or deposited in the United States firs class mail (registered or certified, postage prepaid, with return receipt requested), addressed to the intended recipient, as the intended recipient's address set forth below, or at such other address as the intended recipient may have specified by written notice to the sender given in accordance with the requirements of this Paragraph. Any such notice, request or demand so given shall be deemed given on the day it is received by the recipient. For the Seller: Rain Corporation 10616 Hunting Shire Lane • - Fairfax Station, VA 22039 264 wan For Purchaser: City of Roanoke Attn: Mr. Brian Townsend • Room 364, Municipal Building 215 Church Avenue Roanoke, VA 24011 13. Default. A. Default by Purchaser. If Purchaser defaults under this Agreement, Seller shall have the option to (i) seek specific performance of this Agreement, or (ii) terminate this Agreement, in which event the Deposit shall be promptly delivered to Seller. Purchaser shall be liable for Seller's expenses in the filing of any specific performance action, including reasonable attorney's fees and court costs. B. Default by Seller. If Seller defaults under this Agreement, Purchaser shall have the option to (i) seek specific performance of this Agreement, or (ii) terminate this Agreement, in which event the Deposit shall be promptly refunded to Purchaser. Seller shall be liable for Purchaser's expenses in the filing of any specific performance action, including reasonable attorney's fees and court costs. . C. Right to Cure Default. Prior to any termination of this Agreement as provided in Subparagraphs 13A. and 13B., the non-defaulting party shall provide written notice of any default(s) to the defaulting party (the "Default Notice") permitting the defaulting party twenty (20) days to cure any such default(s). If the defaulting party does not cure the default(s) or does not respond to the Default notice, then the non-defaulting party may terminate the Agreement by written notice to the defaulting party. Nothing herein shall prevent either party from seeking a judicial determination regarding any default; provided however, the court shall award the expenses of attorney's fees and court costs to the prevailing party in any such action. D. Brokerage Fees. Notwithstanding the remedies set forth in Subparagraphs 13A., 13B., and 13C, if Seller defaults under this Agreement, Seller shall be liable for the full amount of the brokerage fees set forth in Paragraph 11 and any brokerage fees set forth in Seller's listing agreement with the Listing Broker for the Property as if this Agreement and Seller's listing agreement had been performed, and for any damages and all expenses incurred by the Listing Broker in connection with this transaction and the enforcement of this Agreement and Seller's listing agreement, including, without limitation, attorney's fees and court costs. . 265 Payment of a real estate broker's fee as the result of a transaction relating to the Property which occurs subsequent to a default under this Agreement shall not relieve the Seller of liability for any brokerage fees due under this Agreement or Seller's listing agreement. 14. Miscellaneous. A. Final Understanding. This Agreement, together with attachments hereto, contains the entire agreement between the parties hereto relating to the Property and superseded all prior and contemporaneous negotiations, understandings and agreements, written or oral, between the parties hereto. B. Virginia Law. This Agreement shall be construed, performed and enforced in accordance with the laws of the Commonwealth of Virginia and shall not be amended or modified and no waiver of any provision hereof shall be effective unless set forth in a written instrument executed with the same formality as this Agreement. C. Assignment. This Agreement shall not be assigned by one party . without the written consent of the other party, except the assignment of this Agreement to an entity owned by Purchaser or the principals of Purchaser shall not require the consent of Seller, but Purchaser shall provide written notice to Seller of such assignment. D. Counterparts. This Agreement may be signed in one or more counterparts, each of which is deemed to be an original and all of which shall together constitute the same instrument. The parties agree that a fax of any signed original document shall have the same effect as an original. 15. Addenda. Hereto attached and made a part of this contract is Addendum 1, Schedule of General Contract Provisions. 16. Leases. The Seller and Buyer acknowledge that there are two leases on the property, one which is month-to-month and the other that terminates in March 2015. Seller shall provide copies of the existing leases, together with all amendments, rent rolls, and other related documents and records upon execution of this Agreement. . . . 266 Each of the parties has executed this Agreement in its name pursuant to due authority as of the dates set forth below. PURCHASER: CITY OF ROANOKE, VIRGNIA a Virginia municipal; corporation By: Christopher P. Morrill, City Manager Witness/Attest SELLER: RAIN CORPORATION a Virginia corporation By: Jasinder S. Sarna, Duly authorized Vice President Witness/Attest Approved as to form: Appropriation and Funds Required For this Agreement Certified: City Attorney/Assistant City Attorney Director of Finance Approved as to Execution: Account# Date City Attorney/Assistant City Attorney Ordinance No. r 267 Addendum #1 Schedule of General Contract Provisions a. COMPLIANCE WITH LAWS AND REGULATIONS , AND IMMIGRATION LAW . Seller agrees to and will comply with all applicable federal, state, and local laws, ordinances. and regulations, including, but not limited to all applicable licensing requirements and environmental regulations Seller further agrees that Seller does not and shall not during the performance of this Agreement; knowingly employ an unauthorized alien as defined in the Federal Immigration Reform & Control Act of 1986. b. FORUM SELECTION AND CHOICE OF LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without application of Virginia's conflict of law provisions. Venue for any litigation. suits, and claims arising from or connected with this Agreement shall only be proper in the Roanoke City Circuit Court, or in the Roanoke City General District Court if the amount in controversy is within the jurisdictional limit of such court, and all parties to this Agreement voluntarily submit themselves to the jurisdiction and venue of such courts, regardless of the actual location of such parties. The provisions of this Agreement shall not be construed in favor of or against either party, but shall be construed according to their fair . meaning as if both parties jointly prepared this Agreement. c. SEVERABILITY. If any provision of this Agreement, or the application of any provision hereof to a particular entity or circumstance, shall be held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall not be affected and all other terms and conditions of this Agreement shall be valid and enforceable to the fullest extent permitted by law. d. NONDISCRIMINATION. During the performance of this Agreement, Seller agrees as follows: 268 1. Seller will not discriminate against any employee or applicant for employment because of race. religion. color. "' sex. national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Seller. Seller agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. 2. Seller in all solicitations or advertisements for employees placed by or on behalf of Seller will state that Seller is an equal opportunity employer. 3. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. Seller will include these provisions in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor, made in connection with the performance of this Agreement. e. DRUG-FREE WORKPLACE. During the performance of this Agreement, Seller agrees to (i) provide a drug-free workplace for Seller's employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition; (Hi) state in all solicitations or advertisements for employees placed by or on behalf of Seller that Seller maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000. so that the provisions will be binding upon each subcontractor or vendor. . a 269 ii. For the purposes of this section, "drug-free workplace" means a site for the performance of work done in connection with a specific contract awarded to a contractor, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of this Agreement. f. FAITH BASED ORGANIZATIONS. Pursuant to Virginia Code Section 2.2-4343.1, be advised that the City does not discriminate against faith—based organizations. g. AGREEMENT SUBJECT TO FUNDING. This Agreement is subject to funding and/or appropriations from federal, state, and/or local governments and/or agencies. If any such funding is not provided, withdrawn, or otherwise not made available for this Agreement, Seller agrees that Purchaser may terminate this Agreement on seven (7) days written notice to Seller, without any penalty or damages being incurred by Purchaser. Seller further agrees to comply with any applicable requirements of any grants and/or agreements providing such funding. h. ETHICS IN PUBLIC CONTRACTING . The provisions, requirements, and prohibitions as contained in Sections 2.2-4367 through 2.2-4377, of the Va. Code, pertaining to bidders, offerors, contractors, and subcontractors are applicable to this Agreement. COMPLIANCE WITH STATE LAW; FOREIGN AND DOMESTIC BUSINESSES AUTHORIZED TO TRANSACT BUSINESS IN THE COMMONWEALTH OF VIRGINIA. Seller shall comply with the provisions of Virginia Code Section 2.2-4311.2, as amended, which provides that a contractor organized as a stock or nonstock corporation, limited liability company, business trust, or limited partnership or registered as a registered limited liability partnership shall be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. Seller shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or cancelled at any time during the term of the Agreement. Purchaser may void this Agreement if Seller fails to remain in compliance with the provisions of this section. 270 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, owl The 17th day of November, 2014. ..e No. 40102-111714. A RESOLUTION accepting the Virginia Department of Transportation's (VDOT) award of Transportation Alternatives Program Grant Funds to the City in the total amount of $560,000.00, to be allocated among two (2) Projects; authorizing the City Manager to execute a VDOT Programmatic Project Administration Agreement for Federal-aid Projects for the Projects set forth below, which will require the City and Greater Roanoke Transit Company (GRTC) to provide the required twenty percent (20%) local matching funds of $140,000.00; and authorizing the City Manager to take certain other actions in connection with the above matters and Projects. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the VDOT award of Transportation Alternatives Program Grant Funds in the total amount of $560,000.00 to be provided by VDOT for the two (2) Projects set forth in paragraph 2 below, with the City and GRTC providing local matching funds in the total amount of $140,000.00, with such funds to be allocated among the two (2) Projects referred to below, all as more fully set forth in the .-. City Council Agenda Report dated November 17, 2014, to this Council. J 2. The two (2) Projects referred to above together with the amount of such VDOT Transportation Alternatives Program Grant Funds to be provided and the City and GRTC matching funds to be provided are as follows: A. Melrose Avenue Pedestrian and Bus Stop Improvements Project— VDOT Transportation Alternatives Program Grant Funds- $ 160,000.00 City Matching Funds - $ 40,000.00 B. Garden City Boulevard Greenway Trail Project VDOT Transportation Alternatives Program Grant Funds- $ 400,000.00 City Matching Funds - $ 100,000.00 3. The City Manager is hereby authorized to execute two (2) VDOT Standard Programmatic Project Administration Agreements for Federal-aid Projects and Appendix A substantially similar to the ones attached to the above Agenda Report to this Council for the above two (2) Projects listed as A and B in connection with the VDOT Transportation Alternatives Program Grant Funds, together with the required City and GRTC matching funds mentioned above. Such Agreements shall be approved as to form by the City Attorney. w 271 4. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such funds in the total amount of $560,000.00 from VDOT, together with $140,000.00 in City and GRTC matching funds, for the above mentioned two (2) Projects, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moorl-Pleynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40103-111714. AN ORDINANCE to appropriate funding from Virginia Department of Transportation (VDOT) Transportation Alternatives Program and the Greater Roanoke Transit Company to the Melrose Avenue Pedestrian and Bus Stop Improvements and Garden City Greenway projects, amending and reordaining certain sections of the 2014 - 2015 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Contingency 08-530-9575-9220 $ ( 75,000.00 ) Appropriated from Federal Grant Funds 08-530-9627-9002 400,000.00 Appropriated from General Revenue 08-530-9627-9003 25,000.00 Appropriated from General Revenue 08-530-9627-9003 75,000.00 Appropriated from Federal Grant Funds 08-530-9697-9002 160,000.00 Appropriated from Third Party 08-530-9697-9004 40,000.00 Revenues Transfer from Grant Fund 08-110-1234-1362 25,000.00 VDOT Transportation Alternative Grant— Garden City Greenway 08-530-9627-9628 400,000.00 VDOT Transportation Alternative Grant— 08-530-9697-9697 160,000.00 272 Melrose Ave Bus Stop Improvements GRTC Reimbursement for Melrose Ave Bus Stop Improvements 08-530-9697-9698 40,000.00 Grant Fund Appropriations Local Match Funding for Grants 35-300-9700-5415 (25,000.00) Transfer to Capital Projects Fund 35-300-9700-9508 25,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: . Dmµ Stephanie M. Moon Reynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40104-111714. . A RESOLUTION authorizing the City Manager to execute a supply contract with the City and SLAIT Consulting, LLC ("Slait"), for certain Storage Area Network ("SAN") and Network Attached Storage ("NAS") manufactured by NetApp, Inc. ("NetApp"), together with related service, maintenance, support, and training for the operation of such SAN and NAS products; authorizing the City Manager to execute a lease/purchase agreement between the City and NetApp, Inc., dba NetApp Capital Solutions ("NCS"), for the bundled financing of the Slait service charges and the lease purchase of the SAN and NAS products; and authorizing the City Manager to execute any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized to execute (a) a supply contract between the City and Slait, for Slait to provide certain SAN and NAS equipment required by the City, along with service, maintenance, support, and training for its operation ("Supply Contract"), and (b) a lease/purchase agreement with NCS to finance the City's acquisition of the foregoing products and services ("Lease/Purchase Agreement"). The proposed terms of the Supply Contract and the Lease/Purchase Agreement are each five (5) years, commencing December 1, 2014, through November 30, 2019, and the annual payments provided for in the Lease/Purchase 273 Agreement will be in the amount of $115,510.00 each year, with a total amount over the five (5) year term of $577,550.00; such payments to be paid to NCS, in accordance with all the terms, provisions and conditions of the Lease/Purchase Agreement as more particularly described in the City Council Agenda Report dated November 17, 2014. 2. The City Manager is further authorized on behalf of the City to execute such further documents and take such further actions as may be necessary to implement, administer, and enforce such Supply Contract and Lease/Purchase Agreement, and to execute any other agreements and documents relating to this matter. 3. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. APPROVED ATTEST: 'nosy\ (SICCCUe. Stephanie M. Moon Reynolds,p y David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40105-111714. • AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Andrews/Cove Road Stormwater Drainage Improvements 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 of this Ordinance by title. 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 November 17, 2014, for the Andrews/Cove Road Stormwater Drainage Improvements Project, in the general vicinity of the 1500 and 1600 Blocks of Cove Road, N. W., Roanoke, Virginia, and the 2100 and 2200 Blocks of Andrews Road, 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 274 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'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: Stephanie M. Moon Re olds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40106-111714. A RESOLUTION closing certain City offices Friday, December 26, 2014, and Friday, January 2, 2015, and providing for additional holiday leave for all City employees. BE IT RESOLVED by the Council of the City of Roanoke that: 1. City offices that are not engaged in performing emergency services or other necessary and essential services of the City shall be closed Friday, December 26, 2014, and Friday, January 2, 2015. 275 2. City personnel who are not engaged in performing emergency services or . a other necessary and essential services for the City shall be excused from work for eight hours Friday, December 26, 2014, and Friday, January 2, 2015. 3. With respect to emergency service employees and other employees performing necessary and essential services who cannot for reasons of public health, safety or welfare be excused from work Friday, December 26, 2014, and/or Friday, January 2, 2015, such employees, regardless of whether they are scheduled to work Friday, December 26, 2014, and Friday, January 2, 2015, shall be accorded time off at a later date. Employees of the Fire-EMS Department working the three platoon system shall receive a total of twenty-four hours of holiday time due to their work schedule for these days. 4. Adherence to this resolution shall cause no disruption or cessation of the performance of any emergency, essential or necessary public service rendered or performed by the City. APPROVED ATTEST: n, (� gicerOtAAMA"....— Stephanie M. Moon R noI MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40107-111714. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Property Acquisition of 2839 Peters Creek Road project, 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: 276 ^ 1 Appropriations Appropriated from General Revenue 08-310-9698-9003 $ 280,000.00 . Fund Balance Economic and Community Development 08-3365 ( 280,000.00) Reserve - Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: C1 Stephanie M. Moon Reynolds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. ^' No. 40108-111714. AN ORDINANCE amending Section 7-5, Adopted; where copies filed, of Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, to bring references in that section of the City Code into conformity with recent amendments to the Virginia Uniform Statewide Building Code and other codes; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 7-5, Adopted; where copies filed, of Article II, Building Code, of Chapter 7, Building Regulations, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 7-5 Adopted; where copies filed. The provisions, requirements and regulations contained in Part I, Virginia Construction Code; Part II, Virginia Rehabilitation Code; and Part III, Virginia Maintenance Code; of the Virginia Uniform Statewide Building Code (2009 2012 edition), and each of the component parts, including, but not limited to, the —� International Building Code (2009 2012 edition), the International Property Maintenance Code (2009 2012 edition), the International Plumbing Code (2009 . 277 2012 edition), the International Mechanical Code (2009 2012 edition), the National Electrical Code (2008-2011 edition), the International Fuel Gas Code (2009 2012 edition), the International Energy Conservation Code (2009 2012 edition), the International Residential Code for One and Two Family Dwellings (2009 2012 edition), and--the International Existing Building Code (2009 edition), the Industrialized Building Safety Regulations (2012 edition), the Manufactured Home Safety Regulations (2012 edition), and the Virginia Amusement Device Regulations (2012 edition), including all supplements to such component parts, as the same may from time to time be amended by the State Board of Housing and Community Development, are hereby adopted by the city and incorporated herein by reference as if set out at length herein. The Virginia Uniform Statewide Building Code (2009-2012 edition), and its component parts, shall be controlling in the construction, reconstruction, alteration, enlargement, repair, maintenance, conversion or demolition of buildings and other structures contained within the corporate limits of the city. Such code, or any of its components, shall be referred to in this chapter as the building code. Copies of the building code shall be kept on file in the office of the building commissioner and in the office of the city clerk. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon RAynolds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014: No. 40109-111714. A RESOLUTION amending the Fee Compendium td amend-inspection fees for amusement devices in accordance with the 2012 edition of the-Virginia Uniform Statewide Building Code, as set out below; and establishing an effective date. 278 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412-032795, adopted March 27, 1995, effective as of that date, as since amended, shall be amended to reflect the following fees. Type Description Fees for Weekend, inspections Holiday, or after during hours inspection regular fee business hours Amusement Each small mechanical ride $35.00 $52.50 Devices or inflatable amusement device Inflatable/s- with valid $50.00 $75.00 certificate of inspection that is within one year of date of inflatable/s to be used. (Per Event - when inspected) Circular ride or flat-ride $55.00 $82.50 less than 20 feet in height Spectacular ride which $75.00 $112.50 cannot be inspected as a circular ride or flat-ride due to complexity or height Coaster that exceeds 30 $200.00 $300.00 feet in height All devices The fees set forth above shall be reduced ——— by seventy five percent (75%), if such inspections are performed by a certified private inspector and proof of such inspection and current certification is provided on forms acceptable to the Building Official. 2. Resolution No. 32412-032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. - .,, 279 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect upon passage of this Resolution. APPROVED ATTEST: b4) ©0320,,,AA,A,,A".‘„. Stephanie M. Moon Rey Ids, Iv11171C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40110-111714. AN ORDINANCE authorizing the acceptance of the dedication of an approximately .09 acre portion of property located at 2201 Liberty Road, N. E., designated as a portion of Roanoke Official Tax Map No. 3080134, owned by Krishna Properties, LLC ("Krishna"), to the City, to be used as public right of way, and dispensing with the second reading of this ordinance by title. WHEREAS, pursuant to Ordinance No. 40085-102014, adopted by City Council on October 20, 2014, City Council authorized the vacation, discontinuance, and closing of a portion of certain public right of way on Lukens Street, N. W., adjacent to the property designated as Roanoke Official Tax Map No. 3080134, owned by Krishna, at the request of Krishna in order to develop property it owns located at 2201 Liberty Road, N. E.; and WHEREAS, in exchange for such vacation, Krishna agreed to dedicate a portion of its property containing .09 acres, located at 2201 Liberty Road, N. E., designated as a portion of Roanoke Official Tax Map No. 3080134, to the City, to be used as public right of way. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: Y 280 1. The City of Roanoke hereby accepts the dedication of a portion of property containing approximately .09 acres located at 2201 Liberty Road, N .E., designated as a portion of Roanoke Official Tax Map No. 3080134, owned by Krishna, • to the City, as a public right of way, as more particularly described in the City Attorney's Letter to Council dated November 17, 2014. 2. The City Manager is hereby authorized to sign any necessary documents required to accept the dedication of the real estate. All such documents shall be upon form approved by the City Attorney. 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: . inn 44- ) ���..(J c41/ Stephanie M. Moon Reyn s, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40111-111714. AN ORDINANCE to amend §36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, to amend the Planned Unit Development Plan, as it pertains 802 Wiley Drive, S. W., bearing Official Tax Map No. 1121401; and dispensing with the second reading of this Ordinance by title. WHEREAS, Anstey Holdings, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to amend the proffered uses as set forth in the Planned Unit Development Plan to permit use of the property for general or professional offices; mixed-use building; community market; bakery, confectionary or similar food production, retail; retail sales establishment, not otherwise listed; community center; meeting hall; eating establishment; eating and drinking establishment, not abutting a residential district; eating and drinking establishment, abutting a residential district; recreation, outdoor; artist studio; health and fitness center; and accessory uses, not otherwise listed; instead of a retail sales establishment, previously permitted by Ordinance No. 39577-012213, adopted by City Council on January 22, 2013, and associated site development, as the Planned Unit Development Plan pertains to the parcel bearing Official Tax Map No. 1121401; 281 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, S. , and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on November 17, 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 amendment of the Planned Unit Development Plan, for the property described as Official Tax Map No. 1121401; and WHEREAS, this Council, after considering the aforesaid application, the recommendation made to the Council by the Planning Commission, the City's Comprehensive Plan, and the matters presented at the public hearing, finds that the public necessity, convenience, general welfare and good zoning practice, require the amendment of the Planned Unit Development Plan, as it pertains to the parcel bearing Official Tax Map No. 1121401, as herein provided. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Section 36.2-100, Code of the City of Roanoke (1979), as amended, and the Official Zoning Map, City of Roanoke, Virginia, dated December 5, 2005, as amended, be amended to reflect the amendment of the Planned Unit Development Plan, as is pertains to the parcel bearing Official Tax Map No. 1121401, as set forth in the Zoning Amendment Amended Application No. 1 , dated October 17, 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: irePliccr pap <DC Stephanie M. Moon Reynbtds, M David A. Bowers City Clerk Mayor r 282 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40112-111714. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ("Contract") between the City of Roanoke, Virginia ("City"), and Tazewell Development, LLC ("Tazewell"), to sell to Tazewell an approximately 0.7748 acre parcel of City-owned property located at 206 Williamson Road, S. E., Roanoke, Virginia, which parcel consists of City-owned property designated as Official Tax Map No. 4013803, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title. WHEREAS, a public hearing was held on November 17, 2014, pursuant to Section 15.2-1800 and Section 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report to this Council dated November 17, 2014, to sell to Tazewell an approximately 0.7748 acre parcel of City-owned property, located at 206 Williamson Road, S. E., which parcel consists of City-owned property designated as Official Tax Map No. 4013803 ("Property") for the purchase price of $50,000.00, upon certain terms and conditions; for Tazewell to develop the Property into a mixed use commercial, and residential, with associated parking establishment, upon such terms and conditions as more particularly set forth in the above-mentioned Agenda Report. 2. The City Council further finds the sale of the Property will be of economic benefit to the City and its citizens. 3 The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by Tazewell pursuant to the Contract, which obligations include, but are not limited to, Tazewell commencing construction activity within ninety (90) days of Closing, and substantially completing construction by January 1, 2018. —� 283 4. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyni)+ds, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40113-111714. A RESOLUTION authorizing the proper City officials to make a boundary amendment to the City's Enterprise Zone Two that will delete certain areas currently within it; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendment; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendment. WHEREAS, the State has notified localities that any Enterprise Zone that expires on December 31, 2015, is not likely to be renewed. Enterprise Zone Two will expire on December 31, 2015, and it is not anticipated to be renewed, thereby eliminating program eligibility for all current property owners and business owners in Enterprise Zone Two; WHEREAS, there are certain areas currently located within the City's Enterprise Zone Two that would benefit by deleting them from Enterprise Zone Two and including such areas within Enterprise Zone One A's Subzone B; WHEREAS, the deletion of certain areas as part of the City's Enterprise Zone Two, as set forth above, has a potential to continue to stimulate significant private sector investment within the City in Enterprise Zone One A's Subzone B to which such businesses will be redesignated and industrial investment can continue in the area; and 284 WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary . . amendment, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendment to Enterprise Zone Two. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke is hereby applying for an amendment to the City's Enterprise Zone Two, which amendment will delete certain areas currently within such Zone area. Such boundary amendment is more fully shown on the map(s) attached to the City Council Agenda Report dated November 17, 2014, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendment to the City's existing Enterprise Zone Two pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendment will delete certain areas currently within Enterprise Zone Two, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendment to the City's Enterprise Zone Two for the Department's review and consideration and to take such further action as may be necessary and/or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendment as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone Two. 5. Any such approved boundary amendment will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: i aciAAAAA,N,„ Stephanie M. Moon Re old ' MC David A. Bowers -. City Clerk Mayor 285 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of November, 2014. No. 40114-111714. A RESOLUTION authorizing the proper City officials to make boundary amendments to the City's Enterprise Zone One A and its Subzone B that will delete certain areas currently within them; that will add certain areas not currently within them to Enterprise Zone One A and its Subzone B; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for approval of such boundary amendments; and authorizing the City Manager to take such further action as may be necessary to obtain and implement such boundary amendments. WHEREAS, there are certain areas currently located within the City's Enterprise Zone One A and its Subzone B that are not utilizing and are not benefiting from the inclusion of such areas within such Zone areas; WHEREAS, there are certain areas currently located outside the City's Enterprise Zone One A and its Subzone B that are contiguous to them that are not currently a part of such Zone areas, but that can be added to them and that will benefit from the designation of those additional areas as part of such Zone areas, as set forth in the City Council Agenda Report dated November 17, 2014; WHEREAS, the Virginia Enterprise Zone Grant Act of 2005, as amended, authorizes the amendment of existing Enterprise Zone areas to delete and to add areas to such Zone and its noncontiguous Subzones, thereby making qualified business firms within such areas eligible for Enterprise Zone benefits; WHEREAS, the deletion of certain areas and the addition of certain areas as part of the City's Enterprise Zone One A and its Subzones B, as set forth above, has a potential to stimulate significant private sector investment within the City in areas where such business and industrial growth could result in much needed growth and revitalization; and WHEREAS, this Council, acting in its capacity as the governing body of the City of Roanoke, has held a public hearing on the above mentioned proposed boundary amendments, at which public hearing citizens and parties in interest were afforded an opportunity to be heard on such proposed boundary amendments to Enterprise Zone One A and its Subzone B. 4 . 286 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: s 1. The City of Roanoke is hereby applying for amendments to the City's Enterprise Zone One A and its Subzone B, which amendments will delete certain areas currently within Zone One A and its Subzone B and which will add to Zone One A and its Subzone B additional areas which are currently outside such Zone areas. Such amendments are more fully shown on the map(s) attached to the City Council Agenda Report dated November 17, 2014, and more fully described in such Report. 2. The City Manager is hereby authorized to apply, on behalf of the City, to the VDHCD for the above mentioned boundary amendments to the City's existing Enterprise Zone One A and its Subzone B pursuant to the applicable provisions of the Virginia Enterprise Zone Grant Act, as amended, which boundary amendments will delete certain areas currently within Zone One A and its Subzone B, and add to Zone One A and its Subzone B certain areas not currently within them, all as more fully set forth in the above mentioned Agenda Report. 3. Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Grant Act Regulations. 4. The City Manager is authorized to submit to the VDHCD all information necessary for the application for the boundary amendments to the City's Enterprise ^` Zone One A and its Subzone B, for the Department's review and consideration and to take such further action as may be necessary and/or execute any additional documents as may be necessary to meet other program requirements or to establish the boundary amendments as set forth above. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the application or for the provision of such information. Such authority shall continue throughout the life of such Zone One A and its Subzone B. 5. Local incentives applicable for Enterprise Zone One A and its Subzone B shall also be applicable for any new areas covered by such approved boundary amendments. 6. Any such approved boundary amendments will be retroactive to the date as provided by such approval from the VDHCD. APPROVED ATTEST: astfrAm•-•" Stephanie M. Moon Reynol , MM David A. Bowers City Clerk Mayor J 287 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171h day of November, 2014. No. 40115-111714. AN ORDINANCE amending Ordinance No. 36782-071904, adopted by City Council on July 19, 2004, as amended by Ordinance No. 37542-091806, adopted by City Council on September 18, 2006, by modifying certain local incentives contained therein for Enterprise Zone One A; authorizing the City Manager to apply to the Virginia Department of Housing and Community Development (VDHCD) for the approval of such amendments and/or to take such further action as may be necessary to obtain or confirm such amendments; and dispensing with the second reading of this Ordinance by title. WHEREAS, the City received a designation in June 2004 from the Governor of Virginia of a new Enterprise Zone One A, retroactive to January 1, 2004; WHEREAS, on July 19, 2004, City Council adopted Ordinance No. 36782- 071904, which adopted certain local incentives for Enterprise Zone One A, which included grants from the Industrial Development Authority of the City of Roanoke, Virginia (IDA) for façade grants under certain conditions; and ' • WHEREAS, on September 18, 2006, City Council adopted Ordinance No. 37542- 091806, which modified certain local incentives for Enterprise Zone One A, which included grants from the Economic Development Authority of the City of Roanoke (EDA) for façade grants under certain conditions. City staff recommends that the parameters of the façade grants be modified. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Ordinance No. 36782-071904, as amended by Ordinance No. 37542- 091806, is hereby amended as follows: A. Paragraph number 4 is deleted and is hereby replaced by the following paragraph number 4: 4. The City will provide funds to the Economic Development Authority of the City of Roanoke, Virginia, (EDA) so that the EDA can enhance economic development in Enterprise Zone One A by providing façade grants to a business firm, property owner, or leaseholder authorized to make improvements, of one-third of any building façade renovation costs for those façades in need of ,,.� renovation that visually improves the façade (an eligible façade 288 being the portion of any exterior elevation which faces or abuts a public right-of-way and contains the principal, or a secondary, entrance to the building; a building can have more than one eligible facade; i.e. a building located on a corner is considered to have two facades) of a building within Enterprise Zone One A up to a maximum of Twenty-five Thousand Dollars ($25,000.00) per grant with a total yearly allocation for this program of at least One Hundred Thousand Dollars ($100,000.00). The uses for such buildings are to be commercial, mixed-use commercial with no more than 80% of the building being used for residential purposes (hereinafter referred to in this ordinance as "mixed-use commercial"), or industrial use. The availability of this local incentive is from January 1, 2004, through December 31, 2023, at which time the Enterprise Zone One A designation will end, unless otherwise modified by Council. The City Manager shall establish appropriate rules and regulations necessary to implement this local incentive. 2. City Council hereby certifies that it held a public hearing as required by the Virginia Enterprise Zone Program Regulations. 3. The local incentive amendment set forth above and in the City Council Agenda Report dated November 17, 2014, is supported by Council, but Council notes it is subject to approval by the VDHCD and should it not be approved, the item not approved will not become effective so that any prior measures on the particular matter, will stay in effect. Furthermore, if the VDHCD approves such item, the effective date for any such approved item will be retroactive to January 1, 2014. 4. Any funding required for any such local incentives is subject to the appropriation of such funds by Council. 5. As amended, Ordinance No. 36782-071904, adopted on July 19, 2004, and as it may have been subsequently amended, is hereby affirmed and remains in full force and effect. 6. The City Manager is authorized to submit to the VDHCD all information necessary for approval or confirmation of the above amendment regarding local incentives and to take such further action or to execute such further documents as may be necessary to meet other program requirements or to establish and administer the local incentives as set forth above, with any such documents to be approved as to form by the City Attorney. The City Clerk is authorized to execute and attest any documents that may be necessary or required for the purposes as set forth above. 289 7. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: 4) Onive.".""" � s Stephanie M. Moon Reynold MM • David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2014. No. 40116-120114. A RESOLUTION authorizing the City Manager's execution of additional Amendments to the City's contract with AECOM Technical Services, Inc. (AECOM) in an amount up to $810,888.00, for additional professional engineering services for the replacement bridge for Franklin Road over Norfolk Southern Railway project (Project); and authorizing the City Manager to implement, administer, and enforce such Amendments. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute such additional Amendments as may be necessary to the City's contract with AECOM, in the aggregate amount not to exceed $810,888.00 for additional professional engineering services for the Project, all as more fully set forth in the City Council Agenda Report dated December 1, 2014. 2. Such Amendments shall be approved as to form 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 $810,888.00, including an initial Amendment for the additional professional engineering services in an amount of $760,888.00, all as set forth in the above Report. 4 290 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 with AECOM, as well as the contract itself, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: At4A-ZuM )�Stephanie M. Moon ReY Mltll� David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2014. No. 40117-120114. A RESOLUTION acknowledging and recognizing Workforce Investment Act m," ("WIA") funding from the Virginia Community College System in the amount of $1,546,917.00 for the Adult, Dislocated Worker, and Youth programs for the award period of July 1, 2014 — June 30, 2016, and the WIA Incentive Award in the amount of $2,500.00 for the award period of July 1, 2014 — June 30, 2016, the foregoing funding to be administered by the Western Virginia Workforce Development Board ("WDB"). WHEREAS, pursuant to the Workforce Investment Act, federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated December 1, 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 Area 3, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; 291 WHEREAS, WIA funding for the award period July 1, 2014 — June 30, 2016, in the amounts of $1,546,917.00 and $2,500.00, will be allocated, respectively, for the Adult, Dislocated Workers and Youth programs, and the WIA Incentive Award for outstanding performance, as designated in the City Council Agenda Report dated December 1, 2014; and WHEREAS, the WDB requires an acknowledgment and recognition by the City of WIA funding in order for the WDB to administer such funding. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, WIA funding in the amount of $1,546,917.00 from the Virginia Community College System, with no local match from the City, to be used during the award period of July 1, 2014, through June 30, 2016, for the purpose of administering WIA programs for the Adult, Dislocated Worker, and Youth client populations, as more particularly set out in the City Council Agenda Report dated December 1, 2014. 2. Council further acknowledges and recognizes for the purpose of administering the WDB, WIA Incentive Award funding in the amount of $2,500.00, with no local match from the City, for outstanding performance by the WDB during Program Year 2012, to be used during the award period of July 1, 2014, through June 30, 2016, to be used for WIA client populations. 3. 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. 4. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. APPROVED ATTEST: llt '4P scps Stephanie M. Moon Reynold MM David A. Bowers City Clerk Mayor . 292 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, . a The 1st day of December, 2014. No. 40118-120114. A RESOLUTION authorizing acceptance of the 2013 Continuum of Care (CoC) Planning Grant Award to the City of Roanoke from the U. S. Department of Housing and Urban Development, in the amount of $13,100.00 upon certain terms and conditions; authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; and authorizing the City Manager to execute any necessary documents necessary to accept such funding. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the 2013 Continuum of Care (CoC) Planning Grant Award from the U. S. Department of Housing and Urban Development, in the amount of $13,100.00, with a required local match by the City of Roanoke of $5,000.00, for a total award of $18,100.00, to be used to provide planning, monitoring, and evaluation services to the CoC and the Blue Ridge Interagency Council on Homelessness, all as more particularly described in the City Council Agenda Report dated December 1, 2014. 2. The City of Roanoke is authorized to be the primary fiscal agent for this Grant, and shall be responsible for distributing the Grant proceeds as set forth in the above referenced City Council Agenda Report. 3. The City Manager is hereby authorized to execute any and all requisite documents, in a form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: M. Moon Reyn r°4<- Stephanie David A. Bowers City Clerk Mayor 293 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2014. No. 40119-120114. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Continuum of Care (CoC) Planning Grant, amending and reordaining certain sections of the 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 35-630-5422-2010 $ 18,100.00 Training and Development 35-G15-1522-2044 (5,000.00) CoC Planning Activities 35-G15-1522-5635 5,000.00 Revenues CoC Planning FY15 - Federal 35-630-5422-5422 13,100.00 CoC Planning FY15 - Local 35-630-5422-5423 5,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �MStephanie M. Moon Re nol David A. Bowers s City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA • The 1st day of December, 2014. No. 40120-12R114. A RESOLUTION authorizing acceptance of a donation from Dr. and Mrs. Caesar . DePaco and their company, Summit Nutritionals International, Inc., to the Roanoke City Police Department for one police K-9 dog, and authorizing execution of any and all necessary documents to accept the donation. 294 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 Dr. and Mrs. Caesar DePaco and their company, Summit Nutritionals International, Inc., a donation to the Roanoke City Police Department for one police K-9 dog, valued at approximately $9,500.00, as more particularly set forth in the City Council Agenda Report dated December 1, 2014. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents required to accept such donation. All documents to be executed on behalf of the City shall be approved as to form by the City Attorney. APPROVED ATTEST: -71/7 Stephanie M. Moon Reynolds, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2014. No. 40121-120114. AN ORDINANCE allowing a bus shelter encroachment requested by the Greater Roanoke Transit Company d/b/a Valley Metro ("GRTC"), into the public right-of-way located at the corner of Colonial Avenue, S. W. and McNeil Drive, S. W. in front of the new Center for Science and Health Professions building of Virginia Western Community College, designated as Official Tax Map No. 1380102, 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 GRTC to allow the encroachment of a GRTC owned bus shelter to be placed in the City's public right-of-way located at the corner of Colonial Avenue, S. W. and McNeil Drive, S. W., in front of the new Center for Science and Health Professions building of Virginia Western Community College, designated as Official Tax Map No. 1380102. The encroachment shall be approximately 31 inches in width and will extend approximately 168 inches in length into the right-of-way as more particularly set forth and described in the City Council Agenda Report dated December 1, 2014. 295 2. It is agreed by GRTC that in maintaining such encroachment, GRTC 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. GRTC 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 GRTC. GRTC agrees that it shall be responsible for the installation, maintenance, operation, cleaning, repair, restoration, of the encroachment, and it shall replace any damage to the bus shelter, and any damage to the land, caused by the placement and removal of the encroachment, at GRTC's sole cost and expense. 3. GRTC, 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 for such bus shelter in an amount not less than $2,000,000.00 of general liability insurance. The certificate of insurance must list the City of Roanoke, its officers, agents, and employees as additional insureds, and an endorsement by the insurance company naming these parties as additional insureds must be received within thirty (30) days of passage of this ordinance. The certificate of insurance shall state that such insurance may not be canceled or materially altered without thirty (30) days written advance notice of such cancellation or alteration being provided to the Risk Management Officer for the City of Roanoke. 4. The City Clerk shall transmit an attested copy of this Ordinance to the General Manager for GRTC at 1108 Campbell Avenue, S. E., Roanoke, Virginia, 24013. 5. This ordinance shall be in full force and effect at such time as a copy, duly signed, sealed, and acknowledged by GRTC has been admitted to record, at the cost of GRTC, 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, or until the City requires the removal of such bus shelter, which may be done in the sole discretion of the City by sending written notice to GRTC to remove such bus shelter. In the event this Ordinance is not signed by GRTC and recorded in the Circuit Court Clerk's Office for the City of Roanoke within (90) days from the adoption of this Ordinance, this Ordinance shall terminate and be of no further force and effect. 6. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. The undersigned acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. 296 GREATER ROANOKE TRANSIT COMPANY D/B/A VALLEY METRO . a By: Carl L. Palmer, General Manager 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 , 2014, by Carl L. Palmer, General Manager of the Greater Roanoke Transit Company d/b/a Valley Metro. My Commission expires: Notary Public Registration No. APPROVED ATTEST: 11444:: <21627. oca•-••••••••■-- Stephanie M. Moon Reynolds, M y David wers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1st day of December, 2014. No. 40122-120114. A RESOLUTION amending the 2015 Legislative Program, and ratifying, adopting and endorsing the 2015 Legislative Program, as amended, for the City to be presented to the 2015 Session of the General Assembly. WHEREAS, the City's Legislative Program was adopted by City Council on November 3, 2014 by Resolution No. 40100-110314; , 297 WHEREAS, previously the City's Treasurer had requested legislation to allow the . . City to adopt an ordinance that would authorize the Treasurer or the Director of Finance to waive accrued interest, penalties, and fees with respect to certain local taxes; WHEREAS, the Treasurer and the City's Legislative Liaison, have reviewed this proposal with various constituencies, including the statewide Treasurers' Association, and several groups expressed concern for this proposal, as currently presented; WHEREAS, as a result of the above comments, the Treasurer has requested that Council amend the 2015 Legislative Program to delete Section I. B. Enhance Local Revenue Collections; and WHEREAS, Council Member Court Rosen, chair of the Legislative Committee, by report, dated December 1, 2014, recommended to Council to adopt an amendment to 2015 Legislative Program to be presented at the 2015 Session of the General Assembly to delete a section of the 2015 Legislative Program, as requested by Treasure Powers. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that 1. The 2015 Legislative Program transmitted by report of the Legislative Committee, dated November 3, 2014, and adopted by Resolution No. 40100-110314, is hereby amended to remove Section I. B. Enhance Local Revenue Collections. 2. The 2015 Legislative Program, as amended herein, is hereby ratified, adopted, and endorsed by the Council as the City's official Legislative Program for the 2015 Session of the General Assembly. APPROVED ATTEST: fritkitnti 011 711 Stephanie M. Moon Reynolds, C David A. Bowers City Clerk Mayor 298 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40123-121514. AN ORDINANCE authorizing the City Manager to execute a Memorandum of Agreement ("Agreement") on behalf of the City's Department of Social Services ("DSS"), and Roanoke County, Franklin County, Craig County, Bedford County, Floyd County, Botetourt County, and Montgomery County, on behalf of such counties' respective departments of social services, concerning the Contract for Outstationed Eligibility Workers between the City and Carillon Medical Center ("Carillon") to allow City staff to assist Carilion patients that are residents of such counties to apply for Medicaid, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke and Carillon Medical Center ("Carillon") entered into a Contract dated February 6, 2013, whereby the City of Roanoke DSS agreed to provide an Outstationed Eligibility Worker(s) (OEW(s)), a City DSS employee, at Carilion Medical Center's Roanoke Memorial Hospital, to assist patients that reside in the City with determining their Medicaid eligibility and processing their applications for Medicaid; and WHEREAS, due to an increase in patients at Carillon Medical Center that reside in contiguous localities, the City, Roanoke County, Franklin County, Craig County, Bedford County, Floyd County, Botetourt County, and Montgomery County agree it would be mutually beneficial to each locality for such localities to enter into an Memorandum of Agreement that would also allow the OEW(s) to determine Medicaid eligibility and process Medicaid applications for those patients of Carilion Medical Center that reside in such other localities. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute on behalf of the City of Roanoke DSS, a Memorandum of Agreement with the contiguous localities of Roanoke County, Franklin County, Craig County, Bedford County, Floyd County, Botetourt County, and Montgomery County, on behalf of their respective departments of social services, to allow the OEW(s), a City DSS employee under the supervision and direction of the City, to determine Medicaid eligibility and process Medicaid applications for patients of Carilion Medical Center that are residents of such contiguous localities, such Agreement to be in a form approved by the City Attorney, and upon such terms and conditions as are more particularly described in the City Council Agenda Report dated December 15, 2014. ..� 299 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 R nolds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40124-121514. A RESOLUTION accepting the Economic Development Growth Enhancement (EDGE) Program Grant to the City from the Appalachian Power Economic Development Team; authorizing the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EDGE Grant offered by the Appalachian Power Economic Development Team in the amount of $20,000.00, with no local match, upon certain terms, provisions, and conditions relating to the receipt of such funds. The Grant is more particularly described in the City Council Agenda Report dated December 15, 2014. 2. City Council hereby authorizes the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement, with such documents to be approved as to form by the City Attorney. 300 3. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds, as allowed by the terms and conditions of the Grant, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40125-121514. AN ORDINANCE appropriating funding from Appalachian Power Economic Development Team for website development and maintainance, amending and Not 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 Professional Fees 35-310-8184-2010 $ 20,000.00 Revenues EDGE Program FY15 35-310-8184-8184 20,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyrlatds, C David A. Bowers City Clerk Mayor .•� 301 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40126-121514. A RESOLUTION ratifying and approving the acceptance of a Hazardous Materials Emergency Preparedness Planning sub-grant to the City from the Virginia Department of Emergency Management (VDEM), and ratifying and authorizing the 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 ratify and approve the acceptance of a Hazardous Materials Emergency Preparedness Planning sub-grant by VDEM in an amount up to $32,000.00, with a local in-kind match of $8,000.00, making a total funding of $40,000.00, for the purposes of updating the local hazardous materials emergency response plan, conduct a local hazard analysis, maintain hazardous materials data, and conduct a hazardous materials commodity flow study, as more particularly described in the City Council Agenda Report dated December 15, 2014. 2. The Council does hereby ratify the City Manager's execution of the sub- grant agreement and all necessary documents required to accept the sub-grant, all such documents having been reviewed by the City Attorney. 3. The City Manager is further directed to furnish such additional information, and execute such further amendments, as may be required in connection with the City's acceptance and performance of this sub-grant. All such amendments and other documents regarding this sub-grant are to be approved as to form by the City Attorney. APPROVED ATTEST: yam, /�k J� Stephanie M. Moon Re s, 'C �- David A. Bowers City Clerk Mayor r 302 A IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40127-121514. AN ORDINANCE appropriating funding from the United States Department of Transportation through the Commonwealth of Virginia Department of Emergency Management (VDEM) for hazardous materials emergency response preparation, 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 Professional Fees 35-520-3275-2010 $ 32,000.00 Revenues Haz-Mat Preparedness Grant FY15 35-520-3275-3275 32,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40128-121514. AN ORDINANCE to appropriate funding from the Capital Projects Fund Contingency to the Sealed Trash Compactor — Zone III project, amending and reordaining certain sections of the 2014 - 2015 Capital Projects Fund Appropriations and dispensing with the second reading by title of this ordinance. 303 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 Contingency 08-530-9575-9220 $ (150,000.00) Appropriated from General Revenue 08-530-9545-9003 150,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: *gym. ; Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40129-121514. AN ORDINANCE amending Section 14.1-1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to provide for the proper collection of refuse as set forth below; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 14.1-1, Definitions, of Article I, In General, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Sec. 14.1-1. Definitions * * * 304 Sealed compactor zone shall mean that area which is bordered by the centerlines of Jefferson Street on the west, Williamson Road on the east, Norfolk Avenue on the north, and Church Avenue on the south;and that area which is bounded by the centerlines of 1st Street, S. W. and Jefferson Street to the west and east and Norfolk Avenue and Kirk Avenue to the north and south, as well as 2nd Street and 1st Street, S. W. to the west and east and Norfolk Southern Railroad and Salem Avenue to the north and south; and that area which is bounded by the centerlines of 1st Street, S. W., and Jefferson Street (to the west and east) and Kirk Avenue and Church Avenue (to the north and south), as well as 2nd Street, S. W., and 15' Street, S. W. (to the west and east), and Salem Avenue and Church Avenue (to the north and south). 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-Y Stephanie M. Moon Reynolds, MMC David A. Bowers . City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40130-121514. A RESOLUTION accepting the donation of eight (8) Big Belly solar-powered litter compactors ("Compactors") from Downtown Roanoke, Inc.; authorizing the City Manager to take such further actions and execute all documents as may be necessary to obtain, accept, implement, administer and use the donation of the litter compactors; and expressing the City's appreciation for such donation. WHEREAS, Downtown Roanoke, Inc. ("DRI"), a non-profit downtown development organization dedicated to making the downtown area a unique and successful place to work, wishes to donate eight compactors to the City; and 305 WHEREAS, it is the recommendation of the City Manager that City Council accept the donation of eight (8) compactors 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. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby accepts the donation of eight (8) compactors from DRI, in accordance with the recommendation contained in the City Council Agenda Report dated December 15, 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 compactors, with any such documents being approved as to form by the City Attorney. 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to DRI for its generous donation to improve the downtown area as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to DRI expressing the City's appreciation for its donation. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40131-121514. A RESOLUTION requesting the Governor and the General Assembly to eliminate Local Aid to the Commonwealth for FY16 and subsequent budgets. 306 WHEREAS, cities and counties have balanced their budgets during a time in which future state assistance is unreliable, federal stimulus dollars are depleted, and real estate assessments are either stagnant or in decline; WHEREAS, the Appropriation Act contains $30 million in across-the-board cuts to cities and counties for FY15, under which localities are required to either elect to take reductions in particular state aid programs, or to send the State a check for the amounts determined by the Department of Planning and Budget ("Local Aid to the Commonwealth"); WHEREAS, the reductions are applied to essential services, including law enforcement, jail administration, foster care and child protection services, election administration, and social services; WHEREAS, the state budget cuts are not accompanied by any reductions in mandates, standards, and service requirements imposed by the state on localities, nor do they provide any administrative flexibility for local agencies; WHEREAS, the City of Roanoke remitted $1,403,033.00 in FY12, $1,129,794.00 in FY13 and will be required to remit another$681,914.00 in FY15; WHEREAS, the amendments to the State FY16 budget includes Aid to the Commonwealth in the amount of$30 million; .-. WHEREAS, revenue collections for the City of Roanoke continue to reflect the struggling housing market; and WHEREAS, the state should not shift its share of the costs for mandates and responsibilities to local governments; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council requests Governor Terry McAulliffe and the General Assembly to eliminate Local Aid to the Commonwealth of $30 million that is currently a part of the FY16 budget. 2. City Council requests Governor McAulliffe and the General Assembly to oppose any further Local Aid to the Commonwealth during the 2015 session of the General Assembly that will reduce funds available to localities in FY16 and subsequent fiscal years. 307 3. The City Clerk is directed to provide attested copies of this resolution to .. , The Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia, The Honorable John S. Edwards, Senator for District 21 State Senate, The Honorable Sam Rasoul, Delegate for the 11th District of the House of Delegates, and The Honorable Christopher Head, Delegate for the 17th District of the House of Delegates. APPROVED ATTEST: r Stephanie M. Moon Rey olds, C David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40132-121514. A RESOLUTION accepting a grant from the Department of Housing and Urban Development (HUD) and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City hereby accepts the Housing and Urban Development (HUD) Lead Hazard Control's Office of Healthy Homes FY2014 Lead-based Paint Hazard Control Grant from HUD in the amount of $2,179,064.00, with a required City match of $277,968.00, for a total project amount of $2,457,032.00 for this 36 month program. The City match will be satisfied from several sources that are identified in the City Council Agenda Report dated December 15, 2014. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, on behalf of the City, any and all documents required by HUD pertaining to such grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by HUD in connection with the grant. 308 3. The execution of any document by the City Manager prior to the date of this Resolution consistent with the City Council Agenda Report dated December 15, 2014, to City Council is hereby ratified. APPROVED ATTEST: Stephanie M. Moon Re olds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2015. No. 40133-121514. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Lead Hazard Control Grant, amending and ... reordaining certain sections of the 2014 - 2015 Capital Projects and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 Capital Projects and Grant Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Project Fund Appropriations Transfer to Grant Funds 08-530-9712-9535 $100,000.00 Fund Balance Economic and Community Dev Reserve 08-3365 (100,000.00) Special Revenue Fund Appropriations Regular Employee Salary 35-615-8155-1002 327,881.00 City Retirement 35-615-8155-1105 64,000.00 401H Health Savings 35-615-8155-1117 2,800.00 FICA 35-615-8155-1120 22,000.00 Medical Insurance 35-615-8155-1125 36,200.00 Dental Insurance 35-615-8155-1126 2,200.00 Life Insurance 35-615-8155-1130 437.00 Disability Insurance 35-615-8155-1131 40.00 Fees for Professional Services 35-615-8155-2010 7,475.00 Training 35-615-8155-2044 23,400.00 309 Travel 35-615-8155-8052 32,496.00 Supplies 35-615-8155-8055 48,311.00 Relocation 35-615-8155-8254 70,200.00 Lead Testing and Clearance 35-615-8155-8255 183,280.00 LHC Single Family Units 35-615-8155-8256 708,350.00 LHC Rental Units 35-615-8155-8257 566,680.00 Other Direct Costs 35-615-8155-8258 21,314.00 Healthy Homes Units 35-615-8155-8259 162,000.00 Revenues Lead Hazard Control Grant FY15 35-615-8155-8155 2,179,064.00 Lead Hazard Control Grant FY15 - Local 35-615-8155-8156 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: • ice, . Stephanie M. Moon ReynoTBs, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40134-121514. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments and private grants for various educational programs, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Teachers 302 - 110 - 1060 - 0050 - 332J - 61100 - 41121 - 0 - 06 $ 105,000.00 Substitutes 302 - 110 - 1060 - 0050 - 332J - 61100 - 41021 - 0 - 06 1,500.00 Site Manager 302 - 110 - 1060 - 0050 - 332J - 61100 - 41124 - 0 - 06 5,400.00 Social Security 302 - 110 - 1060 - 0050 - 332J - 61100 - 42201 - 0 - 06 8,560.00 VRS 302 - 110 - 1060 - 0050 - 332J - 61100 - 42202 - 0 - 06 9,993.00 Retiree Health Credit 302 - 110 - 1060 - 0050 - 332J - 61100 - 42200 - 0 - 06 1,164.00 310 Group Life Insurance 302 - 110 - 1060 - 0050 - 332J - 61100 - 42205 - 0 - 06 1,332.00 "` Contracted 302 - 110 - 1060 - 0050 - 332J - 61100 - 43343 - 0 - 06 22,230.00 Transportation Postage 302 - 110 - 1060 - 0050 - 332J - 61100 - 45521 - 0 - 06 289.00 y Printing 302 - 110 - 1060 - 0050 - 332J - 61100 - 44450 - 0 - 06 214.00 Teachers 302 - 110 - 1060 - 0420 - 332J - 61100 - 41121 - 0 - 06 52,500.00 Substitutes 302 - 110 - 1060 - 0420 - 332J - 61100 - 41021 - 0 - 06 1,500.00 Site Manager 302 - 110 - 1060 - 0420 - 332J - 61100 - 41124 - 0 - 06 5,400.00 Social Security 302 - 110 - 1060 - 0420 - 332J - 61100 - 42201 - 0 - 06 4,544.00 VRS 302 - 110 - 1060 - 0420 - 332J - 61100 - 42202 - 0 - 06 5,304.00 Retiree Health Credit 302 - 110 - 1060 - 0420 - 332J - 61100 - 42200 - 0 - 06 618.00 Group Life Insurance 302 - 110 - 1060 - 0420 - 332J - 61100 - 42205 - 0 - 06 707.00 Contracted 302 - 110 - 1060 - 0420 - 332J - 61100 - 43343 - 0 - 06 14,820.00 Transportation Postage 302 - 110 - 1060 - 0420 - 332J - 61100 - 45521 - 0 - 06 289.00 Printing 302 - 110 - 1060 - 0420 - 332J - 61100 - 44450 - 0 - 06 214.00 Teachers 302 - 110 - 1060 - 0350 - 332J - 61100 - 41121 - 0 - 06 105,000.00 Substitutes 302 - 110 - 1060 - 0350 - 332J - 61100 - 41021 - 0 - 06 1,500.00 Site Manager 302 - 110 - 1060 - 0350 - 332J - 61100 - 41124 - 0 - 06 5,400.00 Social Security 302 - 110 - 1060 - 0350 - 332J - 61100 - 42201 - 0 - 06 8,560.00 VRS 302 - 110 - 1060 - 0350 - 332J - 61100 - 42202 - 0 - 06 9,993.00 Retiree Health Credit 302 - 110 - 1060 - 0350 - 332J - 61100 - 42200 - 0 - 06 1,164.00 Group Life Insurance 302 - 110 - 1060 - 0350 - 332J - 61100 - 42205 - 0 - 06 1,332.00 Contracted 302 - 110 - 1060 - 0350 - 332J - 61100 - 43343 - 0 - 06 22,230.00 —. Transportation Postage 302 - 110 - 1060 - 0350 - 332J - 61100 - 45521 - 0 - 06 289.00 Printing 302 - 110 - 1060 - 0350 - 332J - 61100 - 44450 - 0 - 06 214.00 Testing and 302 - 170 - 3000 - 1160 - 314J - 61100 - 45584 - 3 - 03 2,385.00 Evaluation Testing Fees 302 - 170 - 3000 - 1160 - 315J - 61100 - 45584- 9 - 00 621.00 Career& Technical 302 - 170 - 3000 - 0400 - 306J - 68200 - 48110 - 3 - 03 685.00 Educ. Equip. Teachers 302 - 160 - 0000 - 1304 - 101J - 61100 - 41121 - 9 - 07 1,893.00 Social Security 302 - 160 - 0000 - 1304 - 101J - 61100 - 42201 - 9 - 07 145.00 One Stop Services 302 - 160 - 0000 - 1304- 101J - 61100 - 45586 - 9 - 07 5,500.00 Materials & Supplies 302 - 160 - 0000 - 1304- 101 J - 61100 - 46620 - 9 - 07 961.00 GED Counselor 302 - 160 - 0000 - 1305 - 355J - 61100 - 41123 - 9 - 07 425.00 Social Security 302 - 160 - 0000 - 1305 - 355J - 61100 - 42201 - 9 - 07 383.00 Revenues State Grant Receipts 302 - 000 - 0000 - 0000 - 332J - 00000 - 32421 - 0 - 00 397,260.00 State Grant Receipts 302 - 000 - 0000 - 0000 - 314J - 00000 - 32349 - 0 - 00 2,385.00 State Grant Receipts 302 - 000 - 0000 - 0000 - 315J - 00000 - 32349 - 0 - 00 621.00 State Grant Receipts 302 - 000 - 0000 - 0000 - 306J - 00000 - 32252 - 0 - 00 685.00 Federal Grant 302 - 000 - 0000 - 0000 - 101J - 00000 - 38002 - 0 - 00 8,499.00 Receipts State Grant Receipts 302 - 000 - 0000 - 0000 - 355J - 00000 - 32298 - 0 - 00 808.00 ..., 311 .. • Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 4 - APPROVED ATTEST: 649 1)CCEtt Stephanie M. Moon Rey Ids, David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40135-121514. AN ORDINANCE to adopt an amendment to the 2014 - 2015 School Board Categorical Budget, amending and reordaining certain sections of the School General Fund Appropriation, and dispensing with the 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 School General Fund Appropriation be, and the same are ' hereby, amended and reordained to read and provide as follows: School General Fund Revenues $1,000,000.00 Appropriations 8,591,152.00 Fund Balance - Unappropriated (7,591,152.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: /r) y�� 1-0,-047-)• Stephanie M. Moon Rey olds, M \ David Bowers City Clerk Mayor 312 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40136-121514. A RESOLUTION naming Edward B. Walker as the 2014 Citizen of the Year for the City of Roanoke. WHEREAS, Mr. Walker is a native of Roanoke, Virginia and received his undergraduate degree from University of North Carolina at Chapel Hill, his Juris Doctorate from Washington and Lee University, and attended St. Andrews University in Scotland; WHEREAS, Mr. Walker is an entrepreneur and lawyer based in Roanoke, who focuses his passion and vision on smaller cities in the United States and abroad; WHEREAS, Mr. Walker is the Managing Member of ReGeneration Partners, LLC, and CityWorks, LLC; WHEREAS, Mr. Walker founded the nonprofit Downtown Music Lab in .,. 1999, providing a venue for young people to perform and record music; WHEREAS, in 2002, Mr. Walker was a leader in salvaging the Grandin Theatre, serving as general counsel and president of the foundation that raised funds needed to reopen the theatre; WHEREAS, in 2011, Mr. Walker founded the annual CityWorks (X)po in Roanoke, an annual festival summit that brings together entrepreneurs and others interested in boosting connectivity within and between localities to share big ideas to make small cities better; WHEREAS, Mr. Walker founded the Co-Lab, a shared business space in Grandin Village, and has been a champion of social entrepreneurship; WHEREAS, Mr. Walker's innovation and vision led him to play a major role in the redevelopment of downtown Roanoke by purchasing, reconstructing, and re-purposing older commercial buildings including 204 S. Jefferson, The Hancock apartments, Cotton Mill apartments, River House apartments, and the Patrick Henry; WHEREAS, Mr. Walker has been a Director of Valley Financial Corporation since September 1, 2007; and serves as a Director of Valley Bank; and 313 WHEREAS, Mr. Walker has strived throughout his professional career to make the great City of Roanoke, his home town, an even better place to live, work, and enjoy. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council recognizes, commends, and applauds Edward B. Walker as the 2014 Citizen of the Year for the City of Roanoke for his many contributions and services to his community. 2. Council reiterates its commendations first made to Edward B. Walker when this selection was first announced at the 2014 CityWorks (X)po in October, 2014. 3. The City Clerk is directed to transmit an attested copy of this resolution to Edward B. Walker. APPROVED ATTEST: Stephanie M. Moon Reynolds, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40137-121514. A RESOLUTION supporting the efforts to depoliticize the process of redrawing boundary lines for state and congressional legislative districts. WHEREAS, redistricting — the act of redrawing legislative district boundary lines — is a necessary process that occurs after each decennial census to account for growth and settlement patterns that occur over time with the goal of ensuring equal representation through the establishment of districts with equal populations; WHEREAS, Virginia's state and congressional districts belong to the citizens of the Commonwealth, not to any interest group or political party; 314 WHEREAS, Virginia's historical practice of redistricting by the majority party of each chamber of the General Assembly is an outdated practice that both major political parties have used to their advantage to stifle competition in the election process and thereby discourage compromise in legislative actions; WHEREAS, the redistricting process should be designed in the best interests of Virginia's citizens to promote, adopt, and support improving the democratic process and allowing for better citizen representation; WHEREAS, drawing legislative districts as compactly as is reasonably practicable would do more to increase electoral competition than such measures as term limits or campaign finance reform; and WHEREAS, there is critical need to restore trust, fair competition, and compromise to Virginia politics. NOW, THEREFORE, BE IT RESOLVED that: 1. The Council of the City of Roanoke, Virginia, fully supports the goal of depoliticizing the redrawing of boundary lines for state and congressional legislative districts through an approach that advocates for fairness, transparency, and accountability while keeping the citizens' interests in mind and encouraging healthy Imo debate and public participation in the process as the fundamental principles in the redistricting process. 2. The City Clerk is directed to send attested copies of this Resolution to The Honorable Terence R. McAuliffe, Governor of the Commonwealth of Virginia, The Honorable William J. Howell, Speaker of the House, The Honorable Marvin K. Cox, House Majority Leader, The Honorable David J. Toscano, House Democratic Leader, The Honorable Ralph S. Northam, Lieutenant Governor of Virginia, The Honorable Tommy K. Norment, Jr., Senate Majority Leader, The Honorable Richard L. Saslaw, Senate Minority Leader, The Honorable John S. Edwards, State Senator for Senate District 21, The Honorable Sam Rasoul, Delegate for House Delegate District 11, and The Honorable Christopher T. Head, Delegate for House Delegate District 17. APPROVED ATTEST: -,W9•40.4u.s.)- • 0111n (ft-QAT0-04.--1 Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor 315 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40138-121514. 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, Fred M. Thompson, on behalf of ABMAR Valley View, LLC, has made application to the Council of the City of Roanoke, Virginia ("City Council"), to have the property located at 1920 Valley View Boulevard, N. W., bearing Official Tax Map No. 2380106, rezoned from CG, Commercial-General, to CLS, Commercial-Large Site; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2-540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on December 15, 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. 2380106, located at 1920 Valley View Boulevard, N. W., be and is hereby rezoned from CG, Commercial-General, to CLS, Commercial-Large Site, as set forth in the Zoning Amendment Application No. 1 dated October 27, 2014. 316 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: 440-Ja-c)WI•Stephanie M. Moon Reyn ds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40139-121514. A RESOLUTION requesting the 2015 Session of the General Assembly to amend the existing Roanoke Charter of 1952 in order to transfer the Council appointed and supervised position of Director of Finance to a department director position that would be appointed by, report directly to, and be supervised by, the City Manager rather than City Council. . a WHEREAS, pursuant to the provisions of §15.2-202, Code of Virginia (1950), as amended, at least ten days' notice and an informative summary of the amendments desired has been published in a newspaper of general circulation in the City, of the time and place of a public hearing for citizens to be heard to determine if they desire that City Council request the 2015 Session of the General Assembly to amend the existing Roanoke Charter of 1952; and WHEREAS, the required public hearing was conducted on December 15, 2014; and WHEREAS, after considering the matter and the comments made during the public hearing, Council desires to request the General Assembly to amend its existing Roanoke Charter of 1952. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The Council hereby requests that the 2015 Session of the General Assembly amend the Roanoke Charter of 1952. •••• 317 2. The City Clerk is directed to send two attested copies of this resolution, a copy of the requested amendments to the Roanoke Charter of 1952, a publisher's affidavit showing that the public hearing on this request was advertised, and a certified copy of Council's minutes showing the action taken at the advertised public hearing to the Honorable John S. Edwards, Member, Senate of Virginia, the Honorable Sam Rasoul, Member, House of Delegates, and the Honorable Christopher Head, Member, House of Delegates, with the request that they introduce a bill in the 2015 Session of the General Assembly to amend the Roanoke Charter of 1952. AMENDMENTS TO ROANOKE CHARTER OF 1952 * * * §8. - Officers elective by council; rules; journal of council proceedings; quorum of council. The council shall elect a city manager, a city clerk, a director of finance, a municipal auditor, and a city attorney, none of whom need be a resident of the city at the time of their election but who shall take up residence within the city within three months of their election if not already a resident. Unless herein otherwise specifically provided, the council shall also appoint the members of such boards and commissions as are hereafter provided for. Pursuant to § 21 of this charter, the city manager shall appoint a director of finance. All elections by the council shall be viva voce and the vote recorded in the journal of the council. The council may determine its own rules of procedure; may punish its members for misconduct and may compel the attendance of members in such manner and under such penalties as may be prescribed by ordinance. It shall keep a journal or its proceedings. A majority of all of the members of the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time. unexpired portion of any term created by such vacancy; or, in the council's discretion, it• - - - - - - - - - - - - - - - - - municipal auditor, or city attorney to hold such office for such lesser term and for such compensation as the council shall then determine; and any person so elected shall have, during the term for which he was elected, all of the authority and shall be charged with all of the duties and responsibilities of the office for which he was elected. 318 §9. - Elections by council, when held, terms, et cetera. ... During the month of September 1974 and during the month of September of every second year thereafter, through and including during the month of September 2014, the council shall elect a city clerk, a director of finance, a municipal auditor, and a city attorney, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. However, the term of the director of finance elected in 2014 shall end on July 1, 2015. Thereafter, the director of finance shall be appointed by the city manager pursuant to § 21 of this charter. During the month of September 2016 and during the month of September of every second year thereafter, the council shall elect a city clerk, a municipal auditor, and a city attorney, each of whom shall serve for a term of two years from the first day of October next following the date of their election and until their successor shall have been elected and qualified. §21. - Powers and duties of city manager. The city manager shall be responsible to the council for the efficient administration of all a-• offices of the city. The city manager shall have the power and the duty: (a) To see that all laws and ordinances are enforced. (b) Subject to the limitations contained in §7 of this charter and except as otherwise provided in this charter, the city manager or his or her designees shall appoint a director of finance and such other city officers and employees as the council shall determine are necessary for the proper administration of the affairs of the city, and the city manager or his or her designees shall have the power to discipline and remove any such officer and employee. (c) To attend all meetings of the council, with the right to take part in the discussion, but having no vote. (d) To recommend to the council for adoption such measures as he may deem necessary or expedient. (e) To make reports to the council from time to time upon the affairs of the city and to keep the council fully advised of the city's financial condition and its future financial needs. 319 (f) To be responsible for the day-to-day operation of the city, and to execute such documents as may be necessary to accomplish the same. (g) To appoint in writing a city officer reporting to the city manager as acting city manager for a time period not to exceed thirty days when the city manager will be absent from the city. (h) To acquire on behalf of the city easements, licenses, permits, privileges or other rights of any kind to use property for nominal consideration. (i) To perform such other duties as are prescribed by this charter or as may be prescribed by the council. §23. - Creation of departments and department heads; deputies and assistants. The council may by ordinance provide for administrative departments, and when such departments are created may define the functions which such departments are to administer, may provide for the appointment of heads for such departments and define their duties and responsibilities. The council may by ordinance provide for the appointment of one or more assistants or deputies in the offices of the city attorney, the director of finance, the municipal auditor and the city clerk and may define their duties and responsibilities. Such assistants or deputies, when acting in such official capacity, shall possess all of the power and authority and shall be subject to all of the duties and responsibilities given to or imposed upon their respective superiors under this charter. §25.1. - Director of finance. The director of finance shall be appointed by the city manager in accordance with § 21 of this charter. The director of finance shall be a person skilled in municipal accounting and financial control.- - -: - -- e- --. • - -•_ • • •- • • - -- provided by § U of this charter. (a)) The director of finance shall have charge of the financial affairs of the city, including such powers and duties as set forth in this charter and as may be assigned by the council by ordinance not inconsistent with the Constitution and the general laws of the Commonwealth of Virginia.and shall maintain control of the keeping 320 of-alt accounts and financial-records-e€-the-city, in accordance--with ^+ - e -iplos - tae - - - - - - - -S , • - ee e - - - • • -rforeaeh -. ' -_ • .. -sear hall ibe public .. ,- •_ - - o `�h�exa �.:n n of the city manager -e . • • e •• e• • • - :arsons required by order of the-city-manager_or-er4nance of the--couneit-to (b) The director of finance •. e• - . e • - •* shall exercise a general fiscal supervision over all the officers, departments, offices, agencies and employees of the city charged in any manner with the assessment, receipt, collection or disbursement of the city revenues, and with the collection and return of such revenues into the city treasury; and the director of finance shall prescribe such system and regulation as is necessary for the proper reporting and accounting for all city revenues and receipts. - - - •• - :- eaid by the city to any " - - - -- - - - - - ice: (d) . . _ same is chargeable and the person to whom payable; and no (e) - - - 4 321 - officer-shaff officer-ha" neglect to make adjustment-of his accounts, when required;-and-to-pay-ever-such moneys as received, it shall then be „ - the duty of the director of finance to issue notice in writing, directed to such officer and such officer's surety or sureties, requiring him or them- within ten e . e 44. - - -•- - • - - _ • - • • found-4o---be due and in his or their hands belonging to the city, according to the books of the director of finance; and in case of the refusal or neglect of such officer to adjust his accounts or to pay over such balance into the treasury of the city, as required, it shall delinquency of such officer to the council, the city manager, the the city attorney shall at once take action to have such officer suspended from office, and shall proceed forthwith to institute the and shalf - • - - •- . • - city against such officer and his surety or sureties to recover the balance of moneys so (cf) The director of finance shall prepare an annual statement, promptly after the end of each fiscal year, giving full and detailed statement of all the receipts and expenditures during the year, which statement the director shall forthwith file with the city manager and shall lay the same before the next meeting of the council. When required by the council, such annual statement shall be certified by independent certified public accountants. (dg) It shall be the duty of the director of finance, each and every month, to prepare a monthly statement, giving a full and detailed account of all moneys received, from what sources and on what account received, and of all moneys ordered to be paid or drawn by check by the director, and on what account the same have been paid; and the director shall deliver such statement to the city manager, and shall lay the same before the council at its next meeting. (h) No contract, agreement or other obligation involving the of the council or order of any officer of the city authorizing the city's obligation for expenditure of money be effective until and unIcet, the director of finance shall have certified in writing that the money in the city treasury to the credit of the fund from which it is to be . . - '-. e -*cc - e • e e • . . ordinance, 322 endorsed-- upon the cont _ , _ _ --•• - • _ other—instrument • • e e • - - - e -'1-er rney-bc contained in . _ " - - ••- - --rtified •e • - -- • . .. . . . . .. . . ... ..bored untB +ti^- c# ,o Ana-the contract, agreement or obligation. e •• e . - - • - • e - at - - • of this - - - -- - a .. contract, agreemen . . _ _. •e • - - - ---. • - - such certification. hereafterz.depted- e _ _ • - __ . _ - - . e . _ - - - finance. (ek) The director of finance shall have the power and the authority to use any and all collection methods available to the treasurers of the counties and cities under general law to collect delinquent real estate taxes, provided the responsibility for such collection has been transferred to the director of finance by ordinance adopted by city council. * * * §33. - The annual budget. The city manager, at least sixty days prior to the beginning of each fiscal year, shall submit to the council a budget for the ensuing fiscal year. It shall be the duty of the head of each department, the judge of each court, each board or commission, including the school board, and each other office or agency supported in whole or in part by the city, including the commissioner of the revenue, the city treasurer, the sheriff, the attorney for 323 the Commonwealth and clerk of courts to file with the city managerdirector of finance by March 15 of each year estimates of revenue and expenditure for that department, court, board, commission, office or agency for the ensuing fiscal year. Such estimates shall be submitted on forms furnished by the city managerdirector of finance and it shall be the duty of the head of each such department, judge, board, commission, office or agency to supply all the information required to be submitted thereon,. The director of finance to the city manager for the timely preparation of the budget. The city manager .ith the assistance of the director of finance, shall review the estimates and other data pertinent to the preparation of the budget and make such revisions in such estimates as the city manager may deem proper subject to the laws of the Commonwealth relating to obligatory expenditures for any purpose, except that in the case of the school board budget the city manager may recommend a revision in category totals only. The budget submitted to the council shall contain the following: (a) An itemized statement of the appropriations recommended with comparative statements showing appropriations made for the current and next preceding year. (b) An itemized statement of the taxes required and of the estimated revenues of the city from all other sources for the ensuing fiscal year, with comparative statements of the taxes and other revenues for the current and next preceding year, and of the increases or decreases estimated or proposed. (c) A fund statement showing a condition of the various appropriations, the amount of appropriations remaining unencumbered, and the amount of revenues remaining unappropriated. (d) An explanation of the estimates for the ensuing year; also a work program showing the undertakings to be begun and those to be completed during the next year and each of several years in advance. (e) A statement of the financial condition of the city. (f) Such other information as may be required by the council. (g) Such other information as the city manager deems appropriate or advisable. 4 324 In no event shall the expenditures recommended by the city manager in the budget exceed the receipts estimated, unless the city manager shall recommend new or increased revenues within the power of the city to levy and collect in the ensuing fiscal year. The city manager shall submit to the council with the budget a budget message which shall incorporate the most current statement of the financial condition of the city, shall explain the budget and shall describe its important features. It shall set forth the reasons for salient changes from the previous year in cost and revenue items. As a part of the budget message, with relation to the proposed expenditures for capital projects included in the budget, the city manager shall include a statement of pending capital projects and proposed new capital projects, relating the respective amounts proposed to be raised therefor by appropriations in the budget and the respective amounts, if any, proposed to be raised therefor by the issuance of bonds during the budget year. * * * §56. - Powers and duties of the school board. The school board members of the city school board shall be a body corporate under the name and style of the School Board of the city of Roanoke, and shall have all of the powers, perform all of the duties and be subject to all of the limitations now provided, or -,.. which may hereafter be provided by law in regard to school boards of cities and except that all real estate with the buildings and improvements thereon heretofore or hereafter purchased with money received from the sale of bonds of this city, appropriated by the council or received from any other source for the purpose of public education, shall be the property of the city of Roanoke, unless such money so received from any other source be received on other conditions. The school board shall transmit to the council and to the city manager^10r^^+^ f�, ,banse a detailed statement of all moneys received by the board or placed to its credit. Separate accounts shall be kept by the board of moneys appropriated by the council, and moneys received from other sources, and every such statement shall show the balance of each class of funds on hand or under control of the board as of the date thereof. The school board shall on or before March 15 each fiscal year prepare and submit to the council or its designee for its information in making up its proposed annual budget a detailed estimate, in such form as the council or its designee shall require, of the amount of money required for the conduct of the public schools of the city for the ensuing fiscal year, with an estimate of the amount of all funds which will probably be received by the board for the purpose of public education from sources other than appropriations by the council. 325 The council may, at its discretion, by ordinance provide for an audit of the affairs and records of the school board by the municipal auditor or by any other competent person or firm selected by the council. APPROVED ATTEST: irlit:rylegp* Stephanie M. Moon Reynolds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40140-121514. A RESOLUTION providing for the process of transitioning Barbara A. Dameron's employment from the Council appointed position of Director of Finance to a department director position of Director of Finance for the City of Roanoke should the General Assembly enact the City's proposed amendments to the City Charter and should the City Manager appoint Ms. Dameron to the department director position of Director of Finance, and ratifying the terms and conditions of Ms. Dameron's employment. WHEREAS, the City Council elected and appointed Barbara A. Dameron to a two (2) year term as Director of Finance on September 4, 2014, pursuant to the Roanoke Charter of 1952 (City Charter), which term commenced October 1, 2014; WHEREAS, the City Council has proposed amendments to the City Charter that would transfer the Council appointed and supervised position of Director of Finance to a department director position that would be appointed by, report directly to, and be supervised by, the City Manager and would end her term as a Council appointed officer effective July 1, 2015; and WHEREAS, in order to provide for a smooth and efficient transition of Ms. Dameron's employment as Director of Finance from a Council appointed position to a department director position that is appointed by and reports directly to the City Manager, the City Council wishes to ratify and establish the salary and benefits of Ms. Dameron in the event that the General Assembly enacts the City's proposed amendments to the City Charter and the City Manager appoints Ms. Dameron to the position of Director of Finance. 326 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Barbara A. Dameron was elected and appointed as Director of Finance for the City of Roanoke by City Council on September 4, 2014, to a term of two (2) years beginning on October 1, 2014 and ending on September 30, 2016, in accordance with the Roanoke Charter of 1952. 2. City Council hereby ratifies and confirms that Ms. Dameron's employment as Director of Finance is under the following terms and conditions: (a) Ms. Dameron's position of department director for the Finance Department is hereby classified as a pay grade 20 position with an annual salary of$126,000.00 ($4,846.15 biweekly); (b) Ms. Dameron is hereby entitled to participate in any pay increase approved by Council in the same manner as other full time City employees; (c) The City will pay on Ms. Dameron's behalf, as deferred compensation, the sum of $2,000.00 each quarter to the City's deferred compensation plan for Ms. Dameron's participation in said deferred compensation plan, and the City will execute any necessary agreements to provide for such payment. During the first year of Ms. Dameron's employment, such amount will be prorated based on the number of weeks actually worked; (d) Ms. Dameron is eligible as a full time employee, to participate in the Roanoke Pension Plan in accordance with the terms of that plan; (e) Recognizing that the job requirements of the Director of Finance routinely require incurring travel related expenses in the course of City business, Ms. Dameron will receive an annual salary increment of $2,500.00 to be provided for use by Ms. Dameron of a privately- owned or leased automobile in the conduct of official City business; (f) Unless the City provides Ms. Dameron with a cell phone, the City will provide her with a monthly stipend, pro-rated for partial months, consistent with City policies to help off-set charges associated with use of her personal cell phone; 327 (g) The City will put into place on Ms. Dameron's behalf a disability insurance policy consistent with that available to Council appointed officers; (h) Ms. Dameron is eligible, in the same manner as other full time employees, to participate in the City's group medical and dental plan. The City will pay the employer's portion of the premium; (i) During her first year of employment, Ms. Dameron will receive one (1) week (40 hours) of paid leave and thereafter shall accrue paid leave (12 hours per month) at the rate of an employee who has completed one (1) full year of service. After the first full year of employment with the City, Ms. Dameron's accrual and use of paid leave will be in accordance with City policy; and (j) With respect to all other benefits and terms and conditions of employment not specifically enumerated in this resolution, Ms. Dameron will be accorded the same benefits, and shall be subject to such terms and conditions on the same basis as other similarly situated employees of the City. 3. In the event that the proposed amendments to the City Charter are enacted by the General Assembly and subject to appointment by the City Manager, Ms. Dameron's employment as department director for the Finance Department shall be under the same terms and conditions set forth above in this resolution throughout the entirety of her employment with the City. 4. Ms. Dameron will continue to qualify for the directorship of Director of Finance by taking the required Oath of Office. APPROVED ATTEST: 1 0 Stephanie M. Moon Reynolds, 41MC David A. Bowers City Clerk Mayor 328 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15th day of December, 2014. No. 40141-121514. AN ORDINANCE exempting from real estate property taxation certain property located at 1201 Third Street, S. W., Roanoke, Virginia, and depicted as Official Tax Map No. 1023006, owned by Child Health Investment Partnership (commonly known as CHIP), 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 of this ordinance by title. WHEREAS, Child Health Investment Partnership (commonly known as CHIP), (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 December 15, 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. 1023006, commonly known as 1201 Third Street, S. 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 Child Health Investment Partnership (commonly known as CHIP), 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. 329 1023006, commonly known as 1201 Third Street, S. W., Roanoke, Virginia, and owned by the Applicant, which Property is used exclusively for charitable or benevolent purposes on a non-profit basis; continuance of this exemption shall be contingent on the continued use of the Property in accordance with the purposes which the Applicant has designated in this Ordinance. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke real estate tax levy, on or before October 5 of each year a service charge in an amount equal to twenty (20%) percent of the City of Roanoke's real estate tax levy. 3. This Ordinance shall be in full force and effect on January 1, 2015, 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 Robin Haldiman, CEO, and the authorized agent of Child Health Investment Partnership (commonly known as CHIP). 5. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ACCEPTED, AGREED TO AND EXECUTED by Child Health Investment Partnership (commonly known as CHIP), this day of , 2014. Child Health Investment Partnership By Printed Name and Title APPROVED ATTEST: Stephanie M. Moon Reyno ds, C David A. Bowers City Clerk Mayor 330 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No.40142-010515. AN ORDINANCE authorizing the City Manager to execute a lease agreement between the City and Old Southwest, Inc., for use of a certain City-owned property known as the Alexander-Gish House, 641 Walnut Avenue, S. W., Roanoke, Virginia, located in Highland Park, together with an outbuilding, gazebo and parking lot, for a five year term, renewable for two (2) additional five (5) year terms upon the mutual consent of the parties and subject to the approval of City Council of the City of Roanoke, upon other terms and conditions; authorizing the City Manager to implement, administer, and enforce such lease; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on January 5, 2015, pursuant to Sections 15.2-1800(B) and 15.2-1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on the proposed lease. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager is authorized to execute, on behalf of the City of Roanoke, a lease agreement with Old Southwest, Inc. for use of a certain City-owned property known as the Alexander-Gish House, 641 Walnut Avenue, S. W., Roanoke, Virginia, located in Highland Park, together with an outbuilding, gazebo and parking lot, for a five year term, beginning January 1, 2015, and ending December 31, 2019, with an option to extend the lease for two (2) additional five (5) year terms upon mutual agreement of both parties and subject to the approval for such extensions by City Council, at an annual lease fee of $1.00 over the five-year period, upon such terms and conditions as more particularly set forth in the City Council Agenda Report dated January 5, 2015. 2. The Lease shall be in a form approved by the City Attorney and shall be substantially similar to the form attached to the above mentioned Agenda Report. 3. Pursuant to Section 12 of the City Charter, the second reading of 331 this ordinance by title is hereby dispensed with. APPROVED ATTEST: s,CC177.„,..„ Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40143-010515. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with Phase II of the Roanoke River "Bridge the Gap" Greenway 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 of this Ordinance by title. WHEREAS, the City wants and needs certain real property rights for Phase II of the Roanoke River "Bridge the Gap" Greenway Project, located in the general vicinity along the 1.8 mile area of the Roanoke River between Aerial Way Drive and Bridge Street, such rights 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 January 5, 2015. NOW, 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. 332 2. The City Manager is further authorized to execute appropriate acquisition documents for the above mentioned parcels for such consideration as deemed appropriate for the necessary interests, provided, however, the total consideration offered or expended, including costs, title search fees, appraisal costs, recordation fees, and other related costs shall not exceed the funds available in the Project account for such purposes, without further authorization of Council. Upon the acceptance of any offer and upon delivery to the City of appropriate acquisition documents, approved as to form by the City Attorney, the Director of Finance is authorized to pay the respective consideration to the owners of the real property interests 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: Stephanie M. Moon Reynolds, kiMC David A. Bowers City Clerk Mayor —�• IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40144-010515. A RESOLUTION adopting revisions to The Council of the City of Roanoke, Virginia, Policy on United States Department of Housing and Urban Development Funds, and authorizing the City Manager to execute documents approved as to form by the City Attorney necessary to effect the intent of this Resolution. WHEREAS, the City of Roanoke is an entitlement community under the Community Block Grant ("CDBG"), HOME Investment Partnerships ("HOME") and Emergency Shelter Grant ("ESG") programs of the United States Department of Housing and Urban Development ("HUD"); WHEREAS, each year, approximately $2.5 million in new entitlement grants are available to the City from HUD through such programs; 333 WHEREAS, on September 17, 2001, by adopting Resolution No. 35570-091701, City Council adopted The Council of the City of Roanoke, Virginia, Policy on United States Department of Housing and Urban Development Funds ("HUD Funds Policy"), which established guidelines for budgeting and distributing such funds, and authorized the City Manager to implement the HUD Funds Policy; WHEREAS, the HUD Funds Policy has been amended and updated periodically since September 17, 2001; and WHEREAS, additional revisions by City Council to the HUD Funds Policy are needed so that the budgeting and distribution of HUD Funds will better address the needs of the citizens of the City of Roanoke in the areas of housing, economic development, neighborhood development, human development, and homeless services. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that the HUD Funds Policy, including the revised map of the proposed new target areas, is hereby amended, as more particularly set forth in the City Council Agenda Report dated January 5, 2015. BE IT FURTHER RESOLVED that the HUD Funds Policy, as revised in the manner set forth in the City Council Agenda Report dated January 5, 2015, supercedes lb the HUD Funds Policy and all policies adopted by City Council or otherwise implemented by the City Administration in effect prior to January 5, 2015, with respect to the budgeting and distribution of HUD funds prior to January 5, 2015. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute such documents, approved as to form by the City Attorney, as are necessary to effect the intent of this Resolution. APPROVED ATTEST: nn Stephanie M. Moon Rey olds, NfMC "l David A. Bowers City Clerk Mayor 334 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40145-010515. AN ORDINANCE authorizing the City Manager to enter into an Agreement between the City of Roanoke and Radford University, to provide an embedded criminologist to the Roanoke City Police Department, 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. The City Manager is authorized to execute on behalf of the City of Roanoke, in a form approved by the City Attorney, an Agreement with Radford University, whereby Radford University's employee, Isaac T. Van Patten, Ph.D., will be embedded as a criminologist with the Roanoke City Police Department for a period of one (1) year, such Agreement to be upon such terms and conditions, and as are more particularly described in the City Council Agenda Report dated January 5, 2015. 2. Pursuant to Section 12, Roanoke City Charter, the second reading of this Ordinance by title is hereby dispensed with. . 9 APPROVED ATTEST: Stephanie M. Moon Reynolds, M ✓ David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40146-010515. A RESOLUTION authorizing the City Manager to execute a Revised Appendix A document in connection with a Virginia Department of Transportation (VDOT) Safe Routes to School (SRTS) Grant in order to transfer Grant funds from one project to the other project; and authorizing the City Manager to take such further actions and execute such further documents as may be necessary to accomplish this transfer and to implement, administer, and use such VDOT Grant funds, upon certain terms and conditions. 335 BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute a VDOT Revised Appendix A, UPC: 102856, 105745, for the Garden City SRTS Project, in a form substantially similar to the document attached to the City Council Agenda Report dated January 5, 2015, with such document to be approved as to form by the City Attorney. The purpose of such document is to transfer unused funds from a completed SRTS project to the Garden City SRTS Project. 2. The City Manager is hereby authorized to take such further actions and execute such further documents as may be necessary to transfer, implement, administer, and use such Grant funds as set forth in the above mentioned Agenda Report, with any such documents to be approved by the City Attorney. APPROVED ATTEST: ihi-Litjrn Stephanie M. Moon Reynolds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40147-010515. AN ORDINANCE to appropriate funding from Virginia Department of Transportation (VDOT) Transportation Safe Routes to Schools (SRTS) to the SRTS -Garden City Elementary project, amending and reordaining certain sections of the 2014 - 2015 Capital Projects Appropriations, and dispensing with the 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 Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Capital Projects Fund Appropriations Appropriated from State Grant Funds 08-530-9627-9007 $ 30,365.00 Revenues VDOT— Garden City Greenway 08-530-9627-9628 30,365.00 336 Pursuant 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 Reyno , MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40148-010515. A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 39978-060614. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE: SECTION 1. Reallocation of Amounts Set Forth in Resolution No. 39978- 061614. (a) The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of "Public Libraries" the amount of $680,000.00 set forth in Resolution No. 39978-060614 adopted by the Council on June 16, 2014, for "Fire Facility Improvement Project". (b) After the reallocation effected pursuant to Section 1(a) hereof, Section 7 of Resolution No. 39978-061614 is hereby amended in its entirety to read as follows: "SECTION 7.The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $23,000,000.00 in Section 1(a) hereof (after taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: . a 337 Purpose Amount Public Schools $5,000,000.00 Public Libraries 3,773,000.00 Parks and Recreation 1,000,000.00 Bridge Renovation Projects 3,800,000.00 Stormwater Management Projects 1,120,000.00 Civic Center Improvements 1,000,000.00 Curbs, Gutter and Sidewalk Improvements 1,000,000.00 Rail Passenger Infrastructure Improvements 3,000,000.00 Broadband Improvement Project 2,000,000.00 Fire Facility Improvement Project 70,000.00 911 Center 250,000.00 Total $22,013,000.00 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth." SECTION 2. Filing of Resolution With Circuit Court. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia. SECTION 3. Effectiveness of Resolution. This resolution shall take effect upon its adoption. APPROVED ATTEST: Stephanie M. Moon Reyn s, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40149-010515. AN ORDINANCE to transfer funding from the Fire Facility Renovation Master Plan, Capital Improvement Reserve, Williamson Road Library Renovations and Main Library — First Floor Improvements projects to the Raleigh Court Library Branch - Renovations project, amending and reordaining certain sections of the 2014 - 2015 Capital Projects Fund Appropriations, and dispensing with the second reading by title of . , this ordinance. 338 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: Capital Projects Fund Appropriations Raleigh Court Library Branch Reno 08-530-9536-9371 680,000.00 Fire Facility Renovation Master Plan 08-530-9536-9374 (680,000.00) Appropriated from General Revenue 08-530-9575-9003 (46,189.00) Appropriated from 2015 Bond Funds 08-530-9621-9003 52,200.00 Appropriated from 2015 Bond Funds 08-530-9621-9373 730,000.00 Appropriated from 2015 Bond Funds 08-530-9629-9373 (680,000.00) Appropriated from 2015 Bond Funds 08-530-9649-9373 (50,000.00) Appropriated from General Revenue 08-530-9975-9003 (6,011.00) Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: kci-LL.)11/11 cbdc2C13—/ -*3/41—•—•-- Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40150-010515. AN ORDINANCE to appropriate funding from the Department of Technology Retained Earnings to the PC Replacement, Expansion of Network Capacity, and E911 Upgrades Hardware/Software projects, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 Department of Technology Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: . 339 Appropriations Appropriated from General Revenue 13-430-9845-9003 $106,000.00 Appropriated from General Revenue 13-430-9854-9003 173,000.00 Appropriated from General Revenue 13-430-9870-9003 100,000.00 Fund Balance Retained Earnings - Available 13-3348 (379,000.00) 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: Afar igt.,:a_Mn•)(Vti Stephanie M. Moon Reynolds,,C David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 5th day of January, 2015. No. 40151-010515. A RESOLUTION of the Council of the City of Roanoke, Virginia, declaring its official intent to reimburse itself from the proceeds of one or more issues of tax-exempt general obligation public improvement bonds and/or general obligation school bonds for expenditures made or to be made in connection with the acquisition, construction, reconstruction, improving, extending, enlarging and equipping of various city and school capital improvement projects BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. In accordance with Treasury Regulation Section 1.150-2 promulgated under the Internal Revenue Code of 1986, the City of Roanoke, Virginia (the "City"), hereby declares that it reasonably expects and intends to reimburse itself from the proceeds of one or more issues of its tax-exempt general obligation public improvement bonds and/or general obligation school bonds (collectively, the "tax-exempt bonds") in an amount of not to exceed $8,000,000.00 for moneys appropriated by the Council of the City from time to time for expenditures made or to be made by the City in connection with the acquisition, construction, reconstruction, improving, extending, enlarging and equipping of various city and school capital improvement projects of and for the City (collectively, the "Project"). 340 2. The adoption of this resolution shall constitute the declaration of an "official intent" by the City within the meaning of such term as defined in Treasury ` Regulation Section 1.150-2. This official intent is being made not later than sixty (60) days after the payment of any expenditures contemplated by Section 1 of this resolution to be reimbursed from the proceeds of the tax-exempt bonds of the City. 3. The City Clerk is directed to file this resolution among the permanent papers of the City and hold it available for public inspection pursuant to the Virginia Freedom of Information Act, Title 2.2, Chapter 37, Section 2.2-3700 et seq. of the Code of Virginia, 1950. 4. This resolution shall be effective from and after the date of its adoption. APPROVED ATTEST: Stephanie M. Moon Reynol s, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, ,_„ The 5th day of January, 2015. No. 40152-010515. AN ORDINANCE to appropriate funding to be provided by the issuance of General Obligation Bonds to the Civic Center Building Upgrades and Round Hill Expansion — Phase III projects, amending and reordaining certain sections of the 2014 - 2015 Civic Facilities and School Capital Projects Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 Civic Facilities and School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Civic Facilities Fund Appropriations Appropriated from 2016 Bond Funds 05-550-8631-9377 $1,000,000.00 Civic Center Upgrades 05-550-8635-9340 (1,000,000.00) . a 341 School Capital Fund Appropriations Appropriated from 2016 Bond Funds 31-065-6059-9377 5,500,000.00 Round Hill Expansion — Phase III 31-065-9582-9379 (5,500,000.00) 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: StiLL)Th Stephanie M. Moon Reynol , M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 5th day of January, 2015. No. 40153-010515. A RESOLUTION authorizing the issuance and sale of not to exceed fifty million dollars ($50,000,000.00) principal amount of City of Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds; authorizing the sale of such Bonds at competitive or negotiated sale; fixing the form, denomination and certain other details of such Bonds; delegating to the City Manager and the Director of Finance certain powers with respect thereto, including the power to select the underwriters if such Bonds are sold at negotiated sale; authorizing the city to enter into one or more Bond purchase contracts by and between the City and such underwriters relating to such Bonds; authorizing the City Manager and the Director of Finance to execute and deliver such bond purchase contracts; authorizing the preparation of a preliminary official statement and an official statement and the delivery thereof to the purchasers of such Bonds; authorizing the execution and delivery of a continuing disclosure certificate relating to such Bonds; authorizing the City Manager and the Director of Finance to appoint an escrow agent; authorizing the execution and delivery of an escrow deposit agreement by and between the City and such escrow agent relating to the Refunded Bonds; authorizing the City Manager and the director of finance to appoint a verification agent; authorizing the City Manager and the Director of Finance to designate the Refunded Bonds for redemption; and otherwise providing with respect to the issuance, sale and delivery of such bonds and the refunding of the refunded bonds. M - 342 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, AS FOLLOWS: SECTION 1. The Council (the "Council") of the City of Roanoke, Virginia (the "City"), hereby finds and determines as follows: (a) Pursuant to Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $46,030,000.00 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2004, dated February 1, 2004 and maturing in varying amounts on October 1 in each of the years 2004 through 2019 (the "Series 2004 Bonds"). (b) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $7,935,000.00 principal amount of General Obligation Public Improvement Refunding Bonds, Series 2004A, dated March 1, 2004 and maturing in varying amounts on August 1 in each of the years 2004 through 2017 (the "Series 2004A Bonds"). (c) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sale and delivered by the City's $5,500,000.00 principal amount of General Obligation Public Improvement Bonds, Series 2006B, dated February 8, 2006 and maturing in varying amounts on February 1 in each of the years 2007 through 2026 (the "Series 2006B Bonds"). (d) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $45,990,000.00 principal amount of General Obligation Public Improvement Bonds, Series 2008, dated February 5, 2008 and maturing in varying amounts on February 1 in each of the years 2009 through 2028 and on February 1, 2033 (the "Series 2008 Bonds"). (e) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $44,925,000.00 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010A, dated March 11, 2010 and maturing in varying amounts on October 1 in each of the years 2010 through 2029 (the "Series 2010A Bonds"). i 343 (f) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $4,820,000.00 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2010C, dated August 11, 2010 and maturing in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030 (the "Series 2010C Bonds"). (g) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $5,470,000.00 principal amount of General Obligation Public Improvement Bonds, Series 2010D (Tax-Exempt-Recovery Zone Facility Bonds), dated August 11, 2010 and maturing in varying amounts on July 15 in each of the years 2011 through 2025, on July 15, 2027 and on July 15, 2030 (the "Series 2010D Bonds"). (h) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sold and delivered the City's $7,610,000.00 principal amount of General Obligation Public Improvement Bonds, Series 2012A, dated March 14, 2012 and maturing in varying amounts on February 1 in each of the years 2013 through 2032 (the "Series 2012A Bonds"). (i) Pursuant to the Public Finance Act of 1991, and resolutions adopted by this Council, there were authorized to be issued, sale and delivered by the City's $24,580,000.00 principal amount of General Obligation Public Improvement and Refunding Bonds, Series 2013A, dated February 27, 2013 and maturing in varying amounts on July 15 in each of the years 2014 through 2029 and on July 15, 2033 (the "Series 2013A Bonds"). (j) The City has been advised by the City's Financial Advisor that the refunding in advance of their stated maturities of all or a portion of the outstanding Series 2004 Bonds, the outstanding Series 2004A Bonds, the outstanding Series 2006B Bonds, the outstanding Series 2008 Bonds, the outstanding Series 2010A Bonds, the outstanding Series 2010C Bonds, the outstanding Series 2010D Bonds, the outstanding Series 2012A Bonds and the outstanding Series 2013A Bonds and certain maturities of certain other currently outstanding issues of general obligation public improvement bonds of the City may result in annual debt service cost savings to the City, depending upon market conditions, or may enable the City to modify its existing annual debt service structure. (k) The Council desires to authorize the issuance and sale of General Obligation Public Improvement Refunding Bonds of the City to provide for the refunding in advance of their stated maturities and redemption of all or a portion of the outstanding Series 2004 Bonds, the outstanding Series 2004A Bonds, the outstanding Series 2006B Bonds, the outstanding Series 2008 Bonds, the outstanding Series 2010A Bonds, the outstanding Series 2010C Bonds, the outstanding Series 2010D Bonds, the outstanding Series 2012A Bonds, the outstanding Series 2013A Bonds and certain maturities of 344 such other outstanding general obligation public improvement bonds, the refunding of which shall be recommended by the City's Financial Advisor (such bonds to be refunded in advance of their stated maturities being referred to hereinafter as the ` ' "Refunded Bonds"). (I) Pursuant to Article 5 of the Public Finance Act of 1991, the City is authorized to issue refunding bonds to refund all or a portion of its outstanding bonds in advance of their stated maturities. (m) In the judgment of this Council, it is necessary and expedient to authorize the issuance and sale of not to exceed Fifty Million Dollars ($50,000,000.00) principal amount of General Obligation Public Improvement Refunding Bonds for the purpose of refunding all or a portion of the Refunded Bonds and paying the costs related to the issuance of such General Obligation Public Improvement Refunding Bonds. SECTION 2 (a) Pursuant to the Public Finance Act of 1991, including in particular Title 15.2, Chapter 26, Article 5, Section 15.2-2643 et seq., of the Code of Virginia, 1950, as amended, for the purpose of providing funds to refund the Refunded Bonds in advance of their stated maturities and to pay the costs of issuance of the Bonds (as defined herein), there are hereby authorized to be issued, sold and delivered not to exceed Fifty Million Dollars ($50,000,000.00) principal amount of general obligation refunding bonds of the City which shall be designated and known as "City of •-. Roanoke, Virginia, General Obligation Public Improvement Refunding Bonds" (referred to herein as the "Bonds"). (b) The Bonds shall be issued in their entirety at one time, or from time to time in part in series, as shall be determined by the Director of Finance. There shall be added to the designation of the Bonds a series designation determined by the Director of Finance. The Bonds shall be issued in fully registered form in the denomination of $5,000.00 each or any integral multiple thereof. The Bonds of a given series shall be numbered from No. R-1 upwards in order of issuance. The Bonds shall bear interest from their date payable on such date and semiannually thereafter as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. The Bonds shall be issued in such aggregate principal amount (not exceeding in the aggregate the principal amount specified in Section 2(a) hereof); and shall mature on such dates and in such years (but in no event exceeding forty (40) years from their date or dates), and in the principal amount in each such year, determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. Interest on the Bonds shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. 345 (c) The Bonds (or portions thereof in installments of $5,000.00) may be made subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8 hereof. (d) (i) If any Bond (or any portion of the principal amount thereof in installments of $5,000.00) shall be called for redemption, notice of the redemption thereof, specifying the date, number and maturity of such Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of such Bond is to be redeemed, that such Bond must be surrendered in exchange for the principal amount thereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount thereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the registered owner thereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (Hi) So long as the Bonds are in book-entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ("DTC"), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. 346 SECTION 3. The full faith and credit of the City shall be and is irrevocably pledged to the punctual payment of the principal of and interest on the Bonds as the same become due. In each year while the Bonds, or any of them, are outstanding and unpaid, this Council is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all taxable property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay when due the principal of and interest on the Bonds to the extent other funds of the City are not lawfully available and appropriated for such purpose. SECTION 4. (a) The Bonds shall be executed, for and on behalf of the City, by the manual or facsimile signature of the Mayor of the City and shall have a facsimile of the corporate seal of the City imprinted thereon, attested by the manual or facsimile signature of the City Clerk of the City. (b) The Director of Finance is hereby authorized to appoint a Registrar and Paying Agent for the Bonds (the "Registrar"). (c) The Director of Finance shall direct the Registrar to authenticate the Bonds and no Bond shall be valid or obligatory for any purpose unless and until the certificate of authentication endorsed on each Bond shall have been manually executed -w. by an authorized signator of the Registrar. Upon the authentication of any Bonds the Registrar shall insert in the certificate of authentication the date as of which such Bonds • are authenticated as follows: (i) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the dates on which interest is payable on the Bonds of any series are other than the first days of calendar months, the provisions of this Section 4(c) with regard to the authentication of such Bonds and of Section 10 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner above set forth is adopted as a due and sufficient authentication of the Bonds. SECTION 5. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts at the office of the Registrar. 1."4111 Interest on the Bonds shall be payable by check mailed by the Registrar to the registered owners of such Bonds at their respective addresses as such addresses 347 appear on the books of registry kept pursuant to this Section 5; provided, however, that so long as the Bonds are in book-entry form and registered in the name of Cede & Co., as nominee of DTC, or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on the Bonds shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. (b) At all times during which any Bond of any series remains outstanding and unpaid, the Registrar for such series shall keep or cause to be kept at its office books of registry for the registration, exchange and transfer of Bonds of such series. Upon presentation at its office for such purpose, the Registrar, under such reasonable regulations as it may prescribe, shall register, exchange or transfer, or cause to be registered, exchanged or transferred, on the books of registry the Bonds as hereinbefore set forth. (c) The books of registry shall at all times be open for inspection by the City or any duly authorized officer thereof. (d) Any Bond may be exchanged at the office of the Registrar for such series of Bonds for a like aggregate principal amount of such Bonds in other authorized principal sums of the same series, interest rate and maturity. (e) Any Bond of any series may, in accordance with its terms, be transferred upon the books of registry by the person in whose name it is registered, in person or by his duly authorized agent, upon surrender of such Bond to the Registrar for cancellation, accompanied by a written instrument of transfer duly executed by the registered owner in person or by his duly authorized attorney, in form satisfactory to the Registrar. (f) All transfers or exchanges pursuant to this Section 5 shall be made without expense to the registered owners of such Bonds, except as otherwise herein provided, and except that the Registrar for such series of Bonds shall require the payment by the registered owner of the Bond requesting such transfer or exchange of any tax or other governmental charges required to be paid with respect to such transfer or exchange. All Bonds surrendered pursuant to this Section 5 shall be cancelled. (g) (i) The Bonds shall be issued in full book-entry form. One Bond representing each maturity of each series of the Bonds will be issued to and registered in the name of Cede & Co., as nominee of DTC, or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, and each such Bond will be immobilized in the custody of DTC. DTC will act as securities depository for the Bonds. Individual purchases will be made in book-entry form only, in the principal amount of $5,000.00 or any integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. 348 (ii) Principal and interest payments on the Bonds will be made by the Registrar to DTC or its nominee, Cede & Co., or such other nominee of DTC as may be requested by an authorized representative of DTC, as registered owner of the Bonds, which will in turn remit such payments to the DTC participants for subsequent disbursal to the beneficial owners of the Bonds. Transfers of principal and interest payments to DTC participants will be the responsibility of DTC. Transfers of such payments to beneficial owners of the Bonds by DTC participants will be the responsibility of such participants and other nominees of such beneficial owners. Transfers of ownership interests in the Bonds will be accomplished by book entries made by DTC and, in turn, by the DTC participants who act on behalf of the indirect participants of DTC and the beneficial owners of the Bonds. (iii) The City will not be responsible or liable for sending transaction statements or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants or for transmitting payments to, communicating with, notifying, or otherwise dealing with any beneficial owner of the Bonds. SECTION 6. (a) CUSIP identification numbers may be printed on the Bonds, but no such number shall constitute a part of the contract evidenced by the particular Bond upon which it is printed; no liability shall attach to the City or any officer or agent thereof ., (including any paying agent for the Bonds) by reason of such numbers or any use made thereof(including any use thereof made by the City, any such officer or any such agent) or by reason of any inaccuracy, error or omission with respect thereto or in such use; and any inaccuracy, error or omission with respect to such numbers shall not constitute cause for failure or refusal by a purchaser of any Bonds to accept delivery of and pay for such Bonds. All expenses in connection with the assignment and printing of CUSIP numbers on the Bonds shall be paid by the initial purchasers of the Bonds. (b) A copy of the final legal opinion with respect to the Bonds, with the name of the attorney or attorneys rendering the same, together with a certification of the City Clerk, executed by a facsimile signature of that officer, to the effect that such copy is a true and complete copy (except for letterhead and date) of the legal opinion which was dated as of the date of delivery of and payment for the Bonds, may be printed on the Bonds. SECTION 7. To the extent it shall be contemplated at the time of their issuance that the interest on any Bonds issued hereunder shall be excludable from gross income for purposes of federal income taxation, the City covenants and agrees to comply with the provisions of Sections 103 and 141-150 of the Internal Revenue Code of 1986, as amended, and the applicable Treasury Regulations promulgated thereunder throughout the term of the Bonds. 349 SECTION 8. (a) Pursuant to the authority of and for the purposes specified herein, this Council hereby authorizes the City Manager and the Director of Finance, without further action of this Council, to sell the Bonds in one or more series in accordance with Section 2 at competitive or negotiated sale, on or before June 30, 2016, at a price not less than ninety-seven percent (97%) of the principal amount of the Bonds, plus accrued interest, if any, from the date of the Bonds to the date of delivery thereof and payment therefor; provided, however, that a series of the Bonds may be sold, whether at competitive or negotiated sale, only if the refunding of the Refunded Bonds will result in net present value savings to the City of not less than three percent (3%), based on the principal amount of the related Refunded Bonds, provided further that no net present value savings shall be required in connection with the sale of a series of the Bonds to be issued for the purpose of modifying the City's existing annual debt service structure. The Bonds shall bear interest at such rates per annum as shall be approved by the City Manager and the Director of Finance; provided, however, in no event shall the true interest rate for the Bonds of any series exceed five percent (5.00%) and provided further in no event shall the premium payable by the City upon the redemption of the Bonds exceed two percent (2%) of the principal amount thereof. (b) If the Bonds are sold at competitive sale, they may be sold contemporaneously with other bonds of the City under a combined Official Notice of Sale. If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to cause to be published and disseminated (via electronic means or otherwise) an Official Notice of Sale of the Refunding Bonds in such form and containing such terms and conditions as the Director of Finance may deem advisable, subject to the provisions hereof. (c) If the Bonds are sold at negotiated sale, the City Manager and the Director of Finance are hereby authorized to select the underwriters for the Bonds of each series (the "Underwriters") and to sell the Bonds of each series at a negotiated sale to the Underwriters selected by the City Manager and the Director of Finance, and either or both of the City Manager and the Director of Finance are authorized to execute and deliver to the Underwriters one or more Bond Purchase Contracts relating to the sale of the Bonds by the City to such Underwriters. (d) The City Manager and the Director of Finance are hereby authorized to cause to be prepared and deliver to the purchasers of the Bonds a Preliminary Official Statement and a final Official Statement relating the Bonds on or before the dates specified in the Bond Purchase Contract. The City Manager and the Director of Finance are hereby further authorized to certify that the Preliminary Official Statement for the Bonds authorized hereunder is "deemed final" for purposes of Rule 15c2-12 promulgated by the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended ("Rule 15c2-12"). The Mayor of the City is hereby authorized to execute the final Official Statement on behalf of the City. 350 (e) The City Manager and the Director of Finance are hereby authorized to execute and deliver to the purchasers of the Bonds a Continuing Disclosure Certificate relating to the Bonds evidencing the City's undertaking to comply with the continuing disclosure requirements of Paragraph (b)(5) of Rule 15c2-12 in such form as shall be approved by the City Manager and the Director of Finance upon advice of counsel (including the City Attorney or Bond Counsel), such approval to be conclusively evidenced by their execution and delivery thereof. (f) All actions and proceedings heretofore taken by this Council, the City Manager, the Director of Finance and the other officers, employees, agents and attorneys of and for the City in connection with the issuance and sale of the Bonds are hereby ratified and confirmed. SECTION 9. (a) The City Manager and the Director of Finance are hereby authorized to enter into an Escrow Deposit Agreement in the form customarily entered into by the City in connection with advance refunding transactions providing for the redemption of the Refunded Bonds (the "Escrow Deposit Agreement") and to appoint an Escrow Agent to serve under the Escrow Deposit Agreement. The City Manager and the Director of Finance are hereby authorized to appoint a verification agent to verify the mathematical accuracy of computations relating to the Bonds and the Refunded Bonds. (b) The City Manager and the Director of Finance, or either of them, are hereby authorized to execute, on behalf of the City, subscriptions or purchase agreements for the securities to be purchased by the Escrow Agent from moneys deposited in the Escrow Deposit Fund created and established under the Escrow Deposit Agreement. Such securities so purchased shall be held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement. The City Manager and the Director of Finance, or either of them, are hereby authorized to sell any securities held by the Escrow Agent under and in accordance with the provisions of the Escrow Deposit Agreement and to purchase securities in lieu of and in substitution therefor. (c) Subject to the sale and receipt of the proceeds of the Bonds, the City Manager and the Director of Finance are hereby authorized to designate the Refunded Bonds for redemption on such date or dates as they shall determine and are hereby further authorized to direct the Escrow Agent to cause notices of the redemption of the Refunded Bonds on such date or dates to be given in accordance with the provisions of the proceedings authorizing the issuance of the Refunded Bonds. SECTION 10. The Bonds, the certificate of authentication of the Registrar, and the assignment endorsed on the Bonds, shall be substantially in the forms set forth in Exhibit A attached hereto. 351 SECTION 11. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia, all in accordance with Section 15.2-2607 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended). SECTION 12. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BOND SERIES No. R- $ MATURITY DATE: INTEREST RATE: DATE OF BOND: CUSIP NO: REGISTERED OWNER: PRINCIPAL SUM: DOLLARS KNOW ALL MEN BY THESE PRESENTS, that the City of Roanoke, in the Commonwealth of Virginia (the "City"), for value received, acknowledges itself indebted and hereby promises to pay to the Registered Owner (named above), or registered assigns, on the Maturity Date (specified above) (unless this Bond shall be subject to prior redemption and shall have been duly called for previous redemption and payment of the redemption price duly made or provided for), the Principal Sum (specified above), and to pay interest on such Principal Sum on and semiannually on each and thereafter (each such date is hereinafter referred to as an "interest payment date"), from the date hereof or from the interest payment date next preceding the date of authentication hereof to which interest shall have been paid, unless such date of authentication is an interest payment date, in which case from such interest payment date, or unless such date of authentication is within the period from the sixteenth (16th) day to the last day of the calendar month next preceding the following interest payment date, in which case from such following " interest payment date, such interest to be paid until the maturity or redemption hereof at the Interest Rate (specified above) per annum, by check mailed by the Paying Agent hereinafter mentioned to the Registered Owner in whose name this Bond is registered 352 upon the books of registry, as of the close of business on the fifteenth (15th) day (whether or not a business day) of the calendar month next preceding each interest payment date; provided, however, that so long as this Bond is in book-entry only form and registered in the name of Cede & Co., as nominee of The Depository Trust Company ("DTC"), or in the name of such other nominee of DTC as may be requested by an authorized representative of DTC, interest on this Bond shall be paid directly to Cede & Co. or such other nominee of DTC by wire transfer. Interest on this Bond shall be calculated on the basis of a three hundred and sixty (360) day year comprised of twelve (12) thirty (30) day months. The principal of this Bond is payable on presentation and surrender hereof at the office of , as the Registrar and Paying Agent, in the City of , . Principal of and interest on this Bond are payable in any coin or currency of the United States of America which, on the respective dates of payment thereof, shall be legal tender for public and private debts. This Bond is one of a series of Bonds of like date, denomination and tenor except as to number, interest rate and maturity, and is issued for the purpose of providing funds to refund in advance of their stated maturities certain general obligation public improvement bonds heretofore issued by the City to pay the costs of public improvement projects of and for the City. This Bond is issued under and pursuant to and in full compliance with the Constitution and statutes of the Commonwealth of -.. Virginia, including Chapter 26 of Title 15.2 of the Code of Virginia, 1950, as amended (the same being the Public Finance Act of 1991, as amended), and a resolution and other proceedings of the Council of the City duly adopted and taken under the Public Finance Act of 1991. The Bonds of the series of which this Bond is one (or portions thereof in installments of $5,000.00) maturing on and after are subject to redemption at the option of the City prior to their stated maturities, on or after _ , in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the series of which this Bond is one maturing on _ are subject to mandatory sinking fund redemption on _ and on each _thereafter and to payment at maturity on in the principal amounts in each year set forth below, in the case of redemption with the particular Bonds or Bonds or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: 353 Year ( ) Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equaling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at his address as it appears on the books of registry kept by the Registrar as of the close of business on the forty-fifth (45th) day next preceding the date fixed for redemption. If notice of the redemption of this Bond (or the portion of the principal amount hereof to be redeemed) shall have been given as aforesaid, and payment of the principal amount of this Bond (or the portion of the principal amount hereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest hereon shall cease to accrue from and after the date so specified for the redemption hereof. Any notice of the optional redemption of this Bond may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption hereof an amount of money sufficient to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of this Bond, together with the interest accrued thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of this Bond does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of this Bond, together with the interest accrued thereon to the date fixed for the redemption hereof, the corresponding notice of redemption shall be deemed to be revoked. Subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, this Bond may be exchanged at the office of the Registrar for a like aggregate principal amount of 354 Bonds of other authorized principal amounts and of the same series, interest rate and —� maturity. This Bond is transferable by the Registered Owner hereof, in person or by his attorney duly authorized in writing, on the books of registry kept by the Registrar for such purpose at the office of the Registrar but only in the manner, subject to the limitations and upon payment of the charges, if any, provided in the proceedings authorizing the Bonds of the series of which this Bond is one, and upon the surrender hereof for cancellation. Upon such transfer a new Bond or Bonds of authorized denominations and of the same aggregate principal amount, series, interest rate and maturity as the Bond surrendered, will be issued to the transferee in exchange herefor. This Bond shall not be valid or obligatory unless the certificate of authentication hereon shall have been manually signed by the Registrar. The full faith and credit of the City are irrevocably pledged to the punctual payment of the principal of and interest on this Bond as the same become due. In each year while this Bond is outstanding and unpaid, the Council of the City is authorized and required to levy and collect annually, at the same time and in the same manner as other taxes of the City are assessed, levied and collected, a tax upon all property within the City, over and above all other taxes, authorized or limited by law and without limitation as to rate or amount, sufficient to pay the principal of and interest on this Bond to the extent other funds of the City are not lawfully available and appropriated for such purpose. It is certified, recited and declared that all acts, conditions and things required to exist, happen or be performed precedent to and in the issuance of this Bond do exist, have happened and have been performed in due time, form and manner as required by law, and that the amount of this Bond, together with all other indebtedness of the City does not exceed any limitation of indebtedness prescribed by the Constitution or statutes of the Commonwealth of Virginia or the Charter of the City IN WITNESS WHEREOF, the City has caused this Bond to be executed by the manual or facsimile signature of its Mayor; a facsimile of the corporate seal of the City to be imprinted hereon attested by the manual or facsimile signature of the City Clerk of the City; and this Bond to be dated as of the date first above written. CITY OF ROANOKE, VIRGINIA Mayor [SEAL] Attest: City Clerk _ 355 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds delivered pursuant to the within-mentioned proceedings.( J, as Registrar By: Authorized Signator Date of Authentication: ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by a member firm of The NOTICE: The signature above must New York Stock Exchange, Inc. or a correspond with the name of the commercial bank or trust company. Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED ATTEST: Stephanie M. Moon ReylTolds, M C David A. Bowers City Clerk Mayor 356 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2015- No- 40154-012015. A RESOLUTION accepting the Economic Development Growth Enhancement (EDGE) Program Grant to the City from the City of Roanoke Economic Development Authority (EDA); authorizing the City of Roanoke to be the fiscal agent for distribution of the grant proceeds; authorizing the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement; and authorizing the City Manager to take such further actions and execute such other documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts the EDGE Grant offered by the EDA in the amount of $30,000.00, with no local match, upon certain terms, provisions, and conditions relating to the receipt of such funds. The Grant is more particularly described in the City Council Agenda Report dated January 20, 2015, 2_ The City of Roanoke is authorized to be the primary fiscal agent for this Grant, and shall be responsible for distributing the Grant proceeds as set forth in the above referenced City Council Agenda Report. 3. City Council hereby authorizes the City Manager to execute any documents necessary to receive such Grant, including any Grant Agreement, with such documents to be approved as to form by the City Attorney. 4. The City Manager is authorized to take such further actions and execute such further documents as may be necessary to obtain, accept, implement, administer, and use such Grant funds, as allowed by the terms and conditions of the Grant, with any such documents being approved as to form by the City Attorney. ATTEST: Stephanie M. Moon City Clerk APPROVED Y R dss, Rf11G1C David A. Bowers Mayor 357 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2015. No. 40155 - 012015. AN ORDINANCE appropriating funding from the Economic Development Authority for website development and maintenance, 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 Professional Fees 35- 310 - 8144 -2010 $ 30,000.00 Revenues EDGE Program FY15 - EDA 35- 310 - 8144 -8185 30,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2015. No. 40156- 012015. A RESOLUTION supporting an application and authorizing the City Manager to submit such application to the Department of Rail and Public Transportation (DRPT) for funds from the Intercity Passenger Rail Operating and Capital Fund (IPROC) in the amount of $3.2 million for FY2016 for a project involving the future Multimodal Transportation Station; and authorizing the City Manager to take certain actions in connection with such project. owe* WHEREAS, the City of Roanoke desires to submit an application for an allocation of funds up to $3.2 million provided by DRPT for the project referred to in the City Council Agenda Report dated January 20, 2015. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Council hereby supports the application referred to herein and hereby authorizes the City Manager to submit such application to DRPT for funds from IPROC for FY2016 in the amount of $3.2 million, as more fully set forth in the City Council Agenda Report dated January 20, 2015, to acquire real property for construction of a Multimodal Transportation Station to support passenger rail transportation for the future operation of a round -trip passenger train from Lynchburg, Virginia to Roanoke, Virginia. 2. The City Manager is further authorized to take such further actions and execute such further documents, approved as to form by the City Attorney, as may be necessary to submit the above application and to furnish such additional information as may be required for such application. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL FOR THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2015. No. 40157- 012015, A RESOLUTION of the Council of the City of Roanoke, Virginia, reallocating the purposes and the amounts of the General Obligation Public Improvement Bonds authorized for issuance under Resolution No. 39978 - 061614. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROANOKE: 359 SECTION 1. Reallocation of Amounts Set Forth in Resolution No. 39978- 061614. (a) The Council (the "Council') of the City of Roanoke, Virginia (the "City "), hereby reallocates to the payment of the costs of the acquisition, construction, reconstruction, improvement, extension, enlargement and equipping of "Public Libraries" the amount of $680,000.00 set forth in Resolution No. 39978 - 061614 adopted by the Council on June 16, 2014, for "Fire Facility Improvement Project". (b) After the reallocation effected pursuant to Section 1(a) hereof, Section 7 of Resolution No. 39978 - 061614 is hereby amended in its entirety to read as follows: "SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $23,000,000.00 in Section 1(a) hereof (after taking into account costs of issuance, underwriting compensation and original issue discount) shall be applied to the payment of the cost of the following public improvement projects of and for the City in substantially the following respective amounts: Purpose Public Schools Public Libraries Parks and Recreation Bridge Renovation Projects Stormwater Management Projects Civic Center Improvements Curbs, Gutter and Sidewalk Improvements Rail Passenger Infrastructure Improvements Broadband Improvement Project Fire Facility Improvement Project 911 Center Total Amount $5,000,000.00 3,773,000.00 1,000,000.00 3,800,000.00 1,120,000.00 1,000,000.00 1,000,000.00 3,000,000.00 2,000,000.00 70,000.00 250.000.00 $22,013,000.00 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth." SECTION 2. Purpose. This resolution corrects a clerical error in Resolution No. 40148 - 010515, dated January 5, 2015, regarding the reference to the resolution adopted on June 16, 2014. The correct number of the resolution adopted on June 16, 2014, is Resolution No. 39978 - 061614. 360 SECTION 3. Filing of Resolution With Circuit Court. The City Clerk is hereby directed to file a copy of this Resolution, certified by such City Clerk to be a true copy hereof, with the Circuit Court of the City of Roanoke, Virginia. SECTION 4. Effectiveness of Resolution. This resolution shall take effect retroactive to January 5, 2015. APPROVED ATTEST: Stephanie M. Moon Reynol , MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2015. No. 40158-012015. AN ORDINANCE to appropriate funding from the Federal and Commonwealth governments grants for various educational programs, amending and reordaining certain sections of the 2014 - 2015 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 2014 - 2015 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Testing Fees 302 - 110 - 0000 -1000 - 107J - 61100 - 45584 - 3 - 01 $ 23,754.00 Teacher of the 301 - 120 - 0000 - 0380 - 0000 - 61100 - 41129 - 2 - 02 1,000.00 Year Award Teacher of the 301 - 120 - 0000 - 0380 - 0000 - 61100 - 42201 - 2 - 02 77.00 Year Award FICA Revenues Federal Grant 302 - 000 - 0000 - 0000 - 107J - 00000 - 38330 - 0 - 00 23,754.00 Receipts State Grant 301 - 206 - 0000 - 0000 - 0000 - 00000 - 32283 - 0 - 00 1,077.00 Receipts 361 Pursuant 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 20th day of January, 2015. No. 40159-012015. 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 of this ordinance by title. WHEREAS, Faisal Khan, Manager, on behalf of Fifth & Church LLC, filed an application with the Council of the City of Roanoke, Virginia ( "City Council'), in accordance with law, requesting City Council to permanently vacate, discontinue and close a certain public right -of -way described hereinafter; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on January 20, 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. 362 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: The westerly portion of the alley running between 4'h and 51h Street, S. W. in the block between Campbell and Church Avenue, S. W., approximately 143 feet long and adjoined on the north by Official Tax Map Nos. 1011201 and 1011202 and on the south by Official Tax Map No. 1011206, noting that the western terminus of the portion to be closed is 5t' Street, S. W., and the eastern terminus of the portion to be closed is an extension of the easterly lot line of Official Tax Map No. 1011202 in a southerly direction to the northerly boundary of Official Tax Map No. 1011206; 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 closure of the subject right -of -way shall be subject to the following conditions: 1. In consideration of the vacation, the applicant will pay for the value of the right -of -way, $32,128.60, subject to the adjustment described below. 363 2. The applicant will construct, at its expense, and dedicate as public right -of- way an approximately 20 by 24 feet vehicular turnaround area as shown on the application dated December 4, 2014, subject to review and approval by the City of Roanoke. Such turnaround will be required to have clear delineation from the applicant's property with materials and design approved by the City of Roanoke. The applicant will also provide partial releases of all deeds of trust that encumber the area of the turnaround and shall record the partial releases with the Clerk's Office of the Circuit Court of Roanoke, Virginia. The City Manager is authorized to execute any documents necessary to accept the dedication of this public right -of -way, the form of such documents to be approved by the City Attorney. 3. The applicant will provide detailed cost estimates of the turnaround to the City of Roanoke. If deemed acceptable and accurate, consideration of these costs may be deducted from the charge the applicant should pay for the area of the right -of -way to be vacated, which is $32,128.60. The applicant shall pay the balance to the City within ten (10) days after the City accepts the cost estimate. 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. 364 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: A44,0� M , �9 ut� 4�44,� Stephanie M. Moon Reynolds, MMC City Clerk __� _.7 �M, David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of January, 2015. No. 40160- 012015. AN ORDINANCE authorizing the proper City officials to execute a Contract for Purchase and Sale of Real Property ( "Contract') between the City of Roanoke, Virginia ( "City "), and The Roanoke Higher Education Authority ( "the Authority "), to sell to the Authority an approximately 0.3777 acre parcel of City -owned property located at 209 Henry Street, N. W., Roanoke, Virginia, designated as Official Tax Map No. 2013001, which parcel consists of City -owned property, including a nonexclusive access easement on adjacent City -owned property, upon certain terms and conditions; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; and dispensing with the second reading of this Ordinance by title; and WHEREAS, a public hearing was held on January 20, 2015, pursuant to Section 15.2 -1800 and Section 15.2 -1813, Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such conveyance. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 365 1. The City Manager is hereby authorized on behalf of the City to execute a Contract, substantially similar to the Contract attached to the City Council Agenda Report to this Council dated January 20, 2015, to sell to the Authority an approximately 0.3777 acre parcel of City -owned property located at 209 Henry Street, N. W., designated as Official Tax Map No. 2013001 ( "Property ") together with a nonexclusive access easement across adjacent City -owned property designated as Official Tax Map Nos. 2013016 and 2013006 ( "Access Easement') for the purchase price of $10.00, upon certain terms and conditions, as more particularly set forth in the above - mentioned Agenda Report. 2. The City Council further finds the sale of the Property, together with the Access Easement, will be of economic benefit to the City and its citizens. 3 The City Manager is further authorized on behalf of the City to negotiate and execute such further documents and take such further actions related to this matter and as may be necessary to implement, administer, and enforce the conditions and obligations that must be met by the Authority pursuant to the Contract. 4. The form of the documents referred to above and in the City Council Agenda Report are to be approved by the City Attorney. 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynold City Clerk David A. Bowers Mayor M•• IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2015. No- 40161-020215. A RESOLUTION accepting the FY 2014 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 2014 State Homeland Security Program Grant offered by the VDEM in the amount of $84,635.00, to be used to purchase equipment and supplies for the Roanoke Fire -EMS Division 6 Heavy Technical Rescue Team. There is no local match funding required for this grant. The grant is more particularly described in the City Council Agenda Report dated February 2, 2015. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, any necessary documents setting forth the conditions of the grant in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: Stephanie M. Moon Reynoldd �David Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2015. No. 40162- 020215. AN ORDINANCE appropriating funding from the United States Department of Homeland Security (DHS) through the Commonwealth of Virginia Department of Emergency Management (VDEM) for the purchase of Heavy Tactical Rescue Team equipment, amending and reordaining certain sections of the 2014 - 2015 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 367 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 Expendable Equipment Training and Development Vehicular Equipment Other Equipment Revenues VDEM SHS HTR Team FY14 35- 520 - 3760 -2035 35- 520 - 3760 -2044 35- 520 - 3760 -9010 35 -520- 3760 -9015 35 -520- 3760 -3760 $ 40,510.00 10,000.00 14,000.00 20,125.00 84,635.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: *4�- -Y) - na� ptA�j Stephanie M. Moon Reynblds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2015. No. 40163-020215. 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, the Virginia Sexual & Domestic Violence Victim Fund Grant in the amount of $15,794.00, with a local match of $10,460.00, making the total funding $26,254.00, for the continued employment of the Police Department's Sexual Violence Specialist and Hispanic Outreach Coordinator, as more particularly described in the City Council Agenda Report dated February 2, 2015. =6001 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: Q ` A " »r1� Stephanie M. Moon Reynolds, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2015. No. 40164 - 020215. 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 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 Regular Employee Wages City Retirement Health Savings FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance Revenues Domestic Violence Victim FY15 - State Domestic Violence Victim FY15 - Local 35- 640 - 3363 -1002 $ 17,472.00 35- 640 - 3363 -1105 3,699.00 35- 640 - 3363 -1117 166.00 35- 640 - 3363 -1120 1,337.00 35- 640 - 3363 -1125 2,946.00 35- 640 - 3363 -1126 328.00 35- 640 - 3363 -1130 220.00 35- 640 -3363 -1131 86.00 35- 640 - 3363 -3363 15,794.00 35- 640 - 3363 -3364 10,460.00 369 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. �. ATTEST: Stephanie M. Moon'WRe�ynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 "d day of February, 2015. No. 40165- 020215. A RESOLUTION authorizing acceptance of the 2015 V -STOP Grant made to the City of Roanoke by the Virginia Department of Criminal Justice Services, and authorizing execution of any required documentation on behalf of the City. 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 Service, the 2015 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 $10,870.00, making the total funding $48,461.00, to employ the Police Department's full -time non -sworn Domestic Violence Specialist, as more particularly described in the City Council Agenda Report dated February 2, 2015. 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 Reynolds, MM7� City Clerk �c David A. Bowers Mayor 370 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2015, No. 40166 - 020215. 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 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 Regular Employee Salary ICMA Retirement FICA Medical Insurance Dental Insurance Life Insurance Revenues VSTOP Grant CY2015 - State VSTOP Grant CY2015 - Local 35 -640- 3120 -1002 $35,441.00 35- 640 - 3120 -1115 3,142.00 35- 640 - 3120 -1120 2,711.00 35 -640- 3120 -1125 5,990.00 35- 640 - 3120 -1126 333.00 35- 640 - 3120 -1130 844.00 35 -640- 3120 -3120 28,193.00 35- 640 - 3120 -3121 20,268.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Rey olds, MC City Clerk David A. Bowers Mayor 371 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2"d day of February, 2015. No. 40167- 020215. AN ORDINANCE authorizing the City Manager to execute a Memorandum of Understanding between the City of Roanoke and Healthy Housing Solutions, Inc., pertaining to the City of Roanoke's participation in two Department of Housing and Urban Development funded test pilot projects; and dispensing with the second reading of this ordinance by title. WHEREAS, in November, 2014, the Department of Housing and Urban Development ("HUD "), Office of Lead Hazard Control and Healthy Homes, nominated the City of Roanoke's Lead Safe Roanoke program and its administrators to participate in two HUD funded test pilot projects; WHEREAS, Healthy Housing Solutions, Inc. ( "Solutions "), has been retained by HUD to assist HUD in the development and execution of these test pilot projects; WHEREAS, the City of Roanoke was one of only four localities selected nationwide to participate in these test pilot projects; WHEREAS, in response to the City's agreeing to participate in the projects, Solutions has agreed to fund direct costs arising out of the City's participation, up to $10,000.00, to support the work and tasks that are more particularly described in the City Council Agenda Report dated February 2, 2015; and WHEREAS, the revenue of up to $10,000.00 referred to above will not reduce the City's HUD Lead Hazard Control Grant award for the Lead Safe Roanoke program, and participation in these test pilot projects will not result in any additional expenditure of City general funds. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are authorized to execute and attest, respectively, on behalf of the City of Roanoke, in form approved by the City Attorney, a Memorandum of Understanding between the City of Roanoke and Healthy Housing Solutions, Inc., pertaining to the City of Roanoke's participation in two HUD funded test pilot projects, such Memorandum of Understanding to be upon such terms and conditions as are more particularly described in the City Council Agenda Report dated February 2, 2015. 372 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 Reyno -M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2015. No. 40168- 020215. AN ORDINANCE to appropriate funding from the Department of Housing and Urban Development (HUD) Office of Lead Hazard Control and Healthy Homes Program for the Lead Hazard Database and Mobile Applications Projects, 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 Regular Employee Salaries FICA Expendable Equipment ( <$5,000.00) Program Activities Travel Revenues HUD Pilot Database Project FY15 35- 615 - 8157 -1002 $ 3,000.00 35- 615 - 8157 -1120 230.00 35- 615 -8157 -2035 700.00 35- 615- 8157 -2066 1,070.00 35- 615 - 8157 -8052 5,000.00 35 -615- 8157 -8157 10, 000.00 373 Pursuant 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 Rey n s, itC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2nd day of February, 2015. No. 40169-020215. A RESOLUTION authorizing the City Manager to submit an application to the Department of Housing and Urban Development's Choice Neighborhoods Implementation Grant Program for an amount not to exceed $30,000,000.00; and authorizing the City Manager to take additional actions in connection with such application. WHEREAS, in November, 2014, the Department of Housing and Urban Development ( "HUD ") published a Notice of Funding Availability to interested parties, local governments, and local housing authorities, identifying the timeline and procedures for the development and receipt of applications to the Choice Neighborhoods Implementation Grant Program ( "Program "); WHEREAS, in October, 2012, the Roanoke Redevelopment and Housing Authority ( "RRHA ") received a HUD Choice Neighborhoods Initiative Planning Grant to create a Transformation Plan for the Loudon - Melrose /Shenandoah West neighborhoods; WHEREAS, the RRHA's Transformation Plan is the framework around which the City of Roanoke's application to the Program has been developed; WHEREAS, the guidelines for the Program require that the Program fund three basic areas of improvement, as more fully set forth in the City Council Agenda Report dated February 2, 2015; and 374 WHEREAS, there is a five percent (5 %a) minimum threshold funding match requirement for the Program which may be met by cash or in -kind donations. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Council hereby authorizes the City Manager to submit an application for the Department of Housing and Urban Development's Choice Neighborhoods Implementation Grant Program for an amount not to exceed $30,000,000.00, as more fully set forth in the City Council Agenda Report dated February 2, 2015. 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents in connection with such application, such documents to be approved as to form by the City Attorney, and to take any other actions to respond to any inquiries or provide supplemental information. APPROVED ATTEST: , Stephanie M. Moon R M C City Clerk David A. Bowers Mayor