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Home My WebLink About40170-021715 - 40356-092115375 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2015. No. 40170- 21715. A RESOLUTION acknowledging and recognizing the PY2013 Workforce Investment Act ( "WIA ") funding from the Virginia Community College System in the amount of $50,000.00 for the Adult and Dislocated Worker programs for the award period of July 1, 2013, through June 30, 2015, 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 CouncI Agenda Report dated February 17, 2015; WHEREAS, on February 28, 2013, the WDB was designated as the fiscal agent for WIA funds and administers the federal funds provided by WIA through the Virginia Community College System for Local Workforce Area 3, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem; and WHEREAS, WIA funding for the award period July 1, 2013, through June 30, 2015, in the amount of $50,000.00, will be allocated for the Adult and Dislocated Worker programs, in order to serve an additional fourteen (14) WIA eligible Adult program participants during the PY2015 contract year, as designated in the City Council Agenda Report dated February 17, 2015. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, the PY2013 WIA funding in the amount of $50,000.00 from the Virginia Community College System, with no local match from the City, to be used during the award period of July 1, 2013, through June 30, 2015, for the purpose of administering WIA programs for the Adult and Dislocated Worker client populations, as more particularly set out in the City Council Agenda Report dated February 17, 2015. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acknowledgement and recognition of the foregoing funding. t 376 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. APPROVED ATTEST: � - 61 Stephanie M. Moon RRcynolds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2015. No. 40171-021715. A RESOLUTION authorizing the City Manager's execution of additional Amendments to the City's contract with Mattern & Craig, Inc. in an amount up to $140,500.00 for additional professional engineering services for deck condition assessment and bridge design services for Orange Avenue over Tinker Creek Bridge Rehabilitation 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 Mattern & Craig, Inc., in the aggregate amount not to exceed $140,500.00, for additional professional engineering services for the Project, all as more fully set forth in the City Council Agenda Report dated February 17, 2015. 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 $140,500.00, including an initial Amendment for the additional professional engineering services in an amount of $125,500.00, all as set forth in the above Report. 377 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 Mattern & Craig, Inc., as well as the contract itself, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: 611.^'' �'�0►- ,.�.. --�_ Stephanie M. Moon Re nolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17t day of February, 2015. No. 40172- 021715. AN ORDINANCE authorizing the proper City officials to waive the failure of Ivy View, LLC ( "Ivy View ") to timely submit its application for a grant for the grant year ended June 30, 2014; providing for an effective date: and dispensing with the second reading of this Ordinance by title. WHEREAS, pursuant to Ordinance No. 39408 - 060412, adopted June 4, 2012, the City of Roanoke, Virginia (the "City "), the Economic Development Authority of the City of Roanoke, Virginia ( "EDA "), and Ivy View entered into a Performance Agreement dated July 1, 2012, (the "Performance Agreement ") under which Performance Agreement Ivy View undertook certain obligations in connection with the continued development and redevelopment of certain properties located at the northwest corner of Franklin Road, S.W., and Wonju Street, S.W. (the "Project "). WHEREAS, pursuant to Ordinance No.39860- 021814, adopted February 18, 2014, the City, EDA, and Ivy View entered into Amendment No. 1 to the Performance Agreement to allow for changes in the development of the Project: WHEREAS, pursuant to the terms of the Performance Agreement, as amended by Amendment No. 1, EDA agreed to provide Ivy View with up to ten (10) economic development grants to assist Ivy View with the annual expenses associated with the continued development and redevelopment of the Project; r7 378 WHEREAS, Ivy View agreed to submit grant applications to the City and EDA during the period of September 1 to December 1 following the end of the prior grant year; WHEREAS, Ivy View failed to submit its grant application for the grant year that ended on June 30, 2014, until January 22, 2015, and the Performance Agreement provides Ivy View with no opportunity to cure the failure to submit a grant application by December 1 following a grant year; WHEREAS, City staff has recommended to City Council in the City Council Agenda Report dated February 17, 2015, that City Council authorize the City Manager to waive Ivy View's failure to timely submit the grant application for this time only; and WHEREAS, approval and authorization of the waiver is subject to approval of EDA. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the request to waive Ivy View's failure to timely submit its grant application for the grant year ended June 30, 2014, as described in the City Council Agenda Report dated February 17, 2015, as being in the best interests of the City and its citizens. City Council further finds that waiver of the late filing of the grant application by Ivy View, will promote economic development within the City and the Roanoke Valley and will be of economic benefit to the City and its citizens. 2. The City Manager is authorized to waive the condition set forth in the Performance Agreement, as amended by Amendment No. 1, that the grant application for the grant year ended June 30, 2014, be submitted by December 1, 2014, provded such waiver is expressly applicable only to the 2014 grant application, EDA approves the waiver, and the waiver is in a form approved by the City Attorney. The City Manager is authori ,ed to process the grant applicat!on received by the City on January 22, 2015, as described in the City Council Agenda Report dated February 17, 2015. 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 waiver authorized herein. 4. This Ordinance is effective upon the date of its passage. 379 Pursuant to the provisions of §12 of the City Charter, the second reading of this Ordinance, by title, is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon ReynolESSM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171h day of February, 2015. No. 40173-021715. AN ORDINANCE to transfer funding between Roanoke City Public Schools capital projects, amending and reordaining certain sections of the 2014 - 2015 School Capital Projects Appropriations, and dispensing with the second reading by title of this a ordinance. Bt= IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 School Capital Projects Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School Capital Projects Fund Appropriations Lighting Replacement — Phase II 31- 066 - 9537 -9355 (3,858.00) Round Hill Expansion — Phase 1 31- 066 - 9537 -9367 (749,867.00) Round Hill Expansion — Phase 11 31- 066 - 9537 -9375 901,305.00 Garden City — Phase II 31- 066 - 9537 -9380 (139,665.00) Patrick Henry High School 31- 066- 9537 -9381 (7,915.00) Appropriated from General Revenue 31 -065- 6009 -9003 206,718.00 Appropriated from 2002 Bond Funds 31- 065 - 6009 -9076 20,997.00 Appropriated from 2012 QSCB Funds 31- 065 - 6009 -9304 81,771.00 Appropriated from 2015 Bond Funds 31- 065 - 6009 -9373 139,665.00 Appropriated from 2012 QSCB Funds 31- 065 - 6018 -9304 (79,710.00) Appropriated from 2012 QSCB Funds 31- 065 - 6022 -9304 (2,061.00) Appropriated from General Revenue 31- 065 - 6035 -9003 207,844.00 Appropriated from 2015 Bond Funds 31- 065 - 6035 -9373 3,858.00 Appropriated from General Revenue 31- 065 - 6036 -9003 (121,245.00) a Appropriated from 2015 Bond Funds 31- 065 - 6037 -9373 749,867.00 Appropriated from General Revenue 31- 065 - 6038 -9003 19,910.00 ME• Appropriated from General Revenue Appropriated from General Revenue Appropriated from 2015 Bond Funds Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue Appropriated from 2015 Bond Funds Appropriated from 2015 Bond Funds Appropriated from 2002 Bond Funds Appropriated from General Revenue Appropriated from General Revenue Appropriated from General Revenue 31- 065 -6039 -9003 31- 065 - 6040 -9003 31- 065 - 6044 -9373 31- 065 - 6061 -9003 31- 065 - 6062 -9003 31- 065 - 6063 -9003 31- 065 - 6066 -9003 31- 065 - 6066 -9373 31- 065 - 6070 -9373 31- 065 - 6073 -9076 31- 065 -6089 -9003 31- 065 - 6099 -9003 31- 065 - 6999 -9003 15,359.00 (375.00) (901,305.00) (505.00) (2,267.00) (2,869.00) 51,284.00 7,915.00 (102,276.00) (20,997.00) (121,868.00) (50,909.00) (98,801.00) 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: *jzt�� Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17th day of February, 2015. No. 40174- 021715. AN ORDINANCE to appropriate funding from the Federal government and the Commonwealth grants for various educational programs, amending and reordaimng 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 -160 - 0000 -1304 - 101 J - 61100 -41121 - 9 - 07 9,000.00 Social Security 302 - 160 - 0000 - 1304 - 101 J - 61100 - 42201 - 9 - 07 688.00 Materials & Supplies 302 - 160 - 0000 - 1304 -101 J - 61100 - 46620 - 9 — 07 1,643.00 Teacher Stipends -PH 302 -110 - 0000 - 0390 - 322J - 61100 - 41129 - 3 —10 6,096.00 Social Security- PH VRS -PH State Life Insurance - PH Teacher Stipends -WF Social Security- WF VRS -WF State Life Insurance - WF Teacher Stipends - Forest Park Social Security- Forest Park VRS- Forest Park State Life Insurance - Forest Park Revenues Federal Grant Receipts State Grant Receipts 381 302 - 110 - 0000 - 0390 - 322J - 61100 - 42201 - 3 —10 466.00 302 - 110 - 0000 - 0390 - 322J - 61100 - 42202 - 3 — 10 778.00 302 - 110 - 0000 - 0390 - 322J - 61100 - 42205 - 3 —10 73.00 302 -110 - 0000 - 0400 - 322J - 61100 - 41129 - 3 — 10 6,096.00 302 - 110 - 0000 - 0400 - 322J - 61100 - 42201 - 3 — 10 466.00 302 - 110 - 0000 - 0400 - 322J - 61100 - 42202 - 3 — 10 778.00 302 -110 - 0000 - 0400 - 322J - 61100 - 42205 - 3 — 10 73.00 302 - 110 - 0000 - 1304 - 322J - 61100 - 41129 - 3 — 10 6,096.00 302 -110 - 0000 - 1304 - 322J - 61100 - 42201 - 3 —10 467.00 302 -110 - 0000 - 1304 - 322J - 61100 - 42202 - 3 —10 778.00 302 -110 - 0000 -1304 - 322J - 61100 - 42205 - 3 —10 73.00 302 - 000 - 0000 - 0000 - 101J - 00000 - 38002 - 0 - 00 11,331.00 302 - 000 - 0000 - 0000 - 322J - 00000 -32415 - 0 - 00 22,240.00 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 382 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2 "d day of March, 2015. No. 40175- 030215. AN ORDINANCE to appropriate federal asset forfeiture funds from the Department of Justice (DOJ) for the replacement of the case management system for the Commonwealth Attorney's Office, 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 Case Management System Revenues Dedicated DOJ Asset Forfeiture Fund 01- 150 - 2210 -4011 $13,487.00 01- 110 - 1234 -0728 $13,487.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE", VIRGINIA, The 16th day of March, 2015. No. 40176- 031615. A RESOLUTION authorizing acceptance of a grant by the U. S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team, and authorizing execution of any required documentation on behalf of the City. �1 383 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The supportive services grant from the U.S. Department of Housing and Urban Development to the City of Roanoke Homeless Assistance Team in the amount of $140,422.00, with a local cash match of $45,320.00 from the City, for a total program budget of $185,742.00, for a one year period beginning February 1, 2015, as more particularly set forth in the City Council Agenda Report dated March 16, 2015, is hereby ACCEPTED. 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the grant agreement and all necessary documents required to accept such grant. All documents shall be upon form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED �ATTEST: Stephanie M. Moon Rey M� David A. Bowers P Y City Clerk — - - -- Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA; The 16th day of March, 2015. No. 40177-031615. AN ORDINANCE to appropriate funding from the United States Department of Housing and Urban Development for the Homeless Assistance Team Grant amending and reordaining certain sections of the 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 Temporary Employee Wages City Retirement Health Savings FICA 35- 630 - 5359 -1002 $ 95,323.00 35- 630 -5359 -1004 13,725.00 35 -630- 5359 -1105 19,737.00 35- 630 - 5359 -1117 953.00 35- 630 - 5359 -1120 $ 8,415.00 •51 • Medical Insurance 35- 630 - 5359 -1125 17,244.00 Dental Insurance 35- 630 - 5359 -1126 1,046.00 Life Insurance 35- 630 - 5359 -1130 1,146.00 Disability Insurance 35 -630- 5359 -1131 323.00 Telephone 35- 630 - 5359 -2020 1,750.00 Telephone - Cellular 35- 630 - 5359 -2021 1,000.00 Administrative Supplies 35- 630 - 5359 -2030 1,750.00 Expendable Equipment <$5000.00 35- 630 - 5359 -2035 500.00 Motor Fuel Billed Through Fleet 35- 630 - 5359 -2039 2,500.00 Program Activities 35- 630 - 5359 -2066 19,030.00 Postage 35- 630 - 5359 -2160 300.00 Fleet Management Vehicle Repair 35 -630- 5359 -7026 1,000.00 Revenues Homeless Assistance Team FY15 35- 630 - 5359 -5359 140,422.00 Homeless Assistance Team FY15 - Local 35- 630 - 5359 -5360 45,320.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: rids, mj D Ste hanie M. Moon Re MM David A. Bowers P City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40178-031615. A RESOLUTION accepting a donation of funds from Member One Credit Union to the City as part of the Beautify Roanoke Interchanges Through Enhancement (BRITE) Program to assist with the maintenance of the landscaping in the southeast quadrant of the interchange of 1-581 and Williamson Road; authorizing the City Manager to execute any necessary documents, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such donation; and expressing the City's appreciation for such donation. BE IT RESOLVED by the Council of the City of Roanoke as follows: MON 1. The City of Roanoke hereby accepts the donation from Member One Credit Union of $20,000.00 to the City, as more particularly set forth in City Manager's Agenda Report dated March 16, 2015, to this Council. 2. The City Manager is further authorized to execute any necessary documents, as approved as to form by the City Attorney, provide any additional information, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer such donation. 3. This Council wishes to express its appreciation and that of the citizens of the City of Roanoke to Member One Credit Union for its generous donation as part of the BRITE program to assist the City with the maintenance of the landscaping as described above. 4. The City Clerk is directed to transmit a copy of this Resolution to Member One Credit Union expressing the City's appreciation for its donation. APPROVED ATTEST: A Ste hanie M. Moon Reyn ds, MM P City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16« day of March, 2015. No. 40179-031615. AN ORDINANCE- to appropriate funding from Member One Federal Credit Union to the BRITE 581/Williamson Road Landscape 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: i• Appropriations Appropriated from Third Party 08- 530 - 9583 -9004 $ 20,000.00 Revenues BRITE 581IWilliamson —Member One 08- 530 - 9583 -9583 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 Reynolds, MMC David A.A.�Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40180-031615. AN ORDINANCE amending and reordaining Chapter 6, Animals and Fowl, changing the term animal control officer to animal warden throughout as defined in Virginia Code §3.2 -6500, as amended; Section 6 -2, Designation and general duties of animal wardens, Article I, In General, Chapter 6, Animals and Fowl; Section 6- 27(b), Limitations on keeping, Division 1, Generally, Artcle II, Dogs Generally, Chapter 6, Animals and Fowl, 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. Chapter 6, Animals and Fowl, establishing the uniform term of animal warden as the title for the City's animal control officers throughout this chapter, and recogniz,ng that the City Manager shall designate certain employees as animal wardens with the power to enforce all ordinances enacted under this chapter and all laws for the protection of domestic animals is hereby amended and reordained to read and provide as follows: 387 Chapter 6, Animals and Fowl Article I, In General # x x Sec. 6 -2. - Designation and general duties of animal wardens. The city manager shall designate certain employeesmembers of the police departmentfersE? to be known as animal wardens of the city, whose special duty it shall be to enforce the provisions of this chapter and all laws for the protection of domestic animals. te- be- ir+arge ethe- operation ef- the-sity pound- The term animal warden shall have the same meaning and authority as an animal control officer as defined in Virginia Code §3.2- 6500, as amended. # x x Sec. 6 -6. - Livestock running at large. No person shall permit his livestock to run at large. Any livestock found running at large may be impounded by law enforcement authorities or animal wardenscontrel-aff+ce= until the owner has been ascertained and given an opportunity to take possession of such livestock. The costs to the city of impounding and keeping such livestock shall be paid by the owners thereof and shall be in addition to any other penalties imposed for a violation of this section. x x t Article II, Dogs Generally Division 1, Generally # # x Sec. 6 -22. - Definitions. Vicious dog. A canine or canine crossbreed that has (1) killed a person; (2) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious impairment of health, or serious impairment of a bodily function; or (3) continued to exhibit the behavior that resulted in a previous finding by a court, or on or before July 1, 2006, by an animal wardenseatrei -ofd,, in accordance with this article that the animal is a dangerous dog, provided that its owner has been given notice of that finding. xxx rp • • Sec. 6 -25. - Bitches in heat. It shall be unlawful for any owner to allow, cause or permit any bitch in heat to be off the premises of such owner or to remain on such premises to the annoyance of any other person or to the neighborhood. It shall be the duty of the animal .vardenseentrol _ to take into custody and confine in the city pound any such bitch found off the premises of its owner and, also, any such bitch kept on the premises of an owner who, after twenty -four (24) hours' notice from an animal waraenls )oirel , has failed to effectively confine such bitch in a manner not to cause further annoyance to any person or to the neighborhood. Sec. 6 -26. - Barking or howling dogs. The harboring or keeping of any dog, which by loud, frequent or habitual barking or howling or by other conduct likely to cause annoyance and disturb the peace and quiet of any person or neighborhood, which loud, frequent or habitual barking or howling or other conduct is heard or observed by any animal wardensenirul �ffu�, other officer or other person, shall be unlawful, and any such dog is hereby declared to be a public nuisance. Any such dog may, after reasonable notice has been given by an animal wardenconli ?l ra#ir -= - to the owner of such dog, if known, or upon complaint of any person, if such owner is unknown, be impounded and confined in the city dog pound by an animal vvaruenuuraue e€f+ser or any police officer. Article II, Dogs Generally Division 3, Dangerous and Vicious Dogs Sec. 6 -50. - Dangerous dog(s). Any animal wardencentreJ —� or law- enforcement officer who has reason to believe that a canine or canine crossbreed is a dangerous dog, as defined in this chapter, shall apply to a magistrate of the city for the issuance of a summons requiring the owner or custodian, if known, to appear before the general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. In the event that a law- enforcement officer successfully makes an application for the issuance of a summons, that law- enforcement officer shall contact the local animal warder;,_ and inform the animal wardenrOPtro! office of the location of the dog and the relevant facts pertaining to the law- enforcement officers belief that the dog is dangerous. The animal - vardencentrel e= • 71 wardencontrol- office determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the animal's owner shall comply with the provisions of this division, and the animal wardenc4 wfol (4cf=r or the owner if directed by the animal wardenaer*- ol- effieer, shall confine the dog until such time as (a) the owner complies with the conditions of this chapter or (b) the court determines that the dog is not a dangerous dog. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4, Chapter 15 of Title 19.2 of the Code of Virginia. The city shall be required to prove its case beyond a reasonable doubt. Sec. 6 -50.1. - Vicious dogs. Any animal wardencewa"ffic, or law- enforcement officer who has reason to believe that a canine or canine crossbreed is a vicious dog, as defined in this chapter, shall apply to a magistrate of the city for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. In the event that a law- enforcement officer successfully makes an application for the issuance of a summons, that law- enforcement officer shall contact the local animal wardensentre - E44iU-- and inform the animal wardenE��t :, of the location of the dog and the relevant facts pertaining to the law- enforcement officer's belief that the dog is vicious. The animal wardenceatrei- office+ shall confine the animal until such time as evidence shall be heard and a verdict rendered. if the animal wardee'. rai--eff+c -r determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Code of Virginia, § 3.1- 796.119. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4, Chapter 15 of Title 19.2 of the Cade of Virginia. The city shall be required to prove its case beyond a reasonable doubt. 390 Sec. 6 -51. - Registration of dangerous dog. (a) The owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding, obtain a dangerous dog registration certificate from the treasurer for a fee of fifty dollars ($50.00) in addition to other fees that may be authorized by law. The treasurer shall also provide the owner with a uniformly designed tag which identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. All certificates obtained pursuant to this paragraph shall be renewed annually for the same fee and in the same manner as the initial certificate was obtained. The animal vnrdene nt +rni i : shall provide a copy of the dangerous dog registration certificate and verification of compliance to the state veterinarian. Article III, Rabies Control Sec. 6 -62. - Vaccination of dogs and cats. (d) It shall be the duty of the treasurer to examine, under oath, all applicants for dog licenses who decline to exhibit the above - mentioned certificate or other evidence, for the purpose of determining if the applicant's dog has been vaccinated. If the treasurer is satisfied, from such interrogation, that such dog is kept in the city and has not been vaccinated, he shall promptly notify an animal 914 iser of such fact, supplying such animal ,ardent eif +eer with a brief description of the dog and the applicant's address. Article IV, Equine Animals Sec. 6 -82. - Fencing; roam'ng at large. All equine animals shall be kept within securely fenced, walled or otherwise enclosed areas. Any such animal found roaming at large may be impounded by law- enforcement authorities or animal wardens- C044" o#+cers until the owner has been ascertained and given an opportunity to take possession of the animal. The cost to the city of impounding and keeping such animal shall be paid by the owner and shall be in addition to any penalties imposed for a violat,on of this section. 391 Article VII, Cats Sec. 6 -117. - Vaccination of cats. No person shall own, keep or harbor any cat over four (4) months of age within the city, unless such cat has been vaccinated against rabies pursuant to section 6 -62 of this chapter. The owner of each cat shall keep in his possession the certificate of vaccination required by section 6 -62(b) of this chapter and shall display such certificate upon request of any animal wardenceatrol -oWk , police officer or official of the health department. A If# Sec. 6 -119. - Impoundment. Any cat or cats found in violation of any provision of this article of whose owner is in violation of any provision of this article or any cat or cats creating a "public nuisance" as defined by section 6 -115 may be seized by any animal . aravau,t r. {;, c;ii;ef : or police officer and impounded at the city pound. The officer seizing any cat and officials of the city pound shall follow the procedures established for impounded dogs by section 6 -28 of this chapter in keeping and disposing of any impounded cat. 2. Section 6- 27(b), Limitations on keeping, Division 1, Gener. -illy, Article II, Dogs Generally, Chapter 6, Animals and Fowl, Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Article II, Dogs Generally Division 1, Generally Sec. 6 -27. - Limitations on keeping. (b) This section shall have no application to: (1) Dogs under the age of ;ixfoor (6-) months; (2) Dogs kept on any parcel of real property zoned RA, Residential - Agricultural District, pursuant to Chapter 36.2 of this Code; (3) Dogs kept on any farm; or III 392 (4) Dogs kept at a veterinary hospital, or laboratory for the purpose of study, observation or medical research provided that any veterinary hospital, or any such laboratory shall comply with Chapters 19, License Tax Code, and 36.2, Zoning, of this Code. x w 3. This ordinance shall become effective on the passage of this ordinance. 4. 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 16th day of March, 2015. No. 40181-031615. A RESOLUTION authorizing the City Manager to execute a renewal of the Outstationed Eligibility Worker contract dated February 6, 2013 ( "Contract "), between the City of Roanoke on behalf of its Department of Social Services ( "City "), and Carillon Medical Center ( "Carilion "), for the placement by the City of an outstationed Medicaid eligibility workers) at Carilion, for two successive, additional, one year terms, and authorizing the City Manager to execute any necessary documents required to accept such contract. WHEREAS, the City and Carilion entered into the Contract for the placement by the City of a Medicaid eligibility workers) at Carilion to determine Carilion patients' Medicaid eligibility, and to enroll such eligible patients into Medicaid; and WHEREAS, the initial term of the Contract waE. for a two year term commencing February 6, 2013, and the Contract provided that the Contract could be renewed two additional, one year terms, upon the mutual agreement of the parties, and the parties desire to continue the Contract. NOW THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 393 1. The City Manager is authorized to execute an agreement between the City and Carilion extending the term of the Contract two successive, additional, one year terms, such renewal 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 March 16, 2015. 2. The City Manager is further directed to execute any additional documents that may be required in connection with the City's renewal of the Contract. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40182- 031615. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia and Carillon Medical Center for outstationed eligibility workers, amending and reordaining certain sections of the 2014 - 2015 Grant Fund Approprations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salary City Retirement FICA Medical Insurance Dental Insurance Disability Insurance Revenues Outstationed Worker FY15 - Federal Outstationed Worker FY15 - Carillon 35- 630 - 5194 - 1002 $122,376.00 35- 630 - 5194 -1105 25,260.00 35- 630 - 5194 -1120 9,360.00 35- 630 -5194 -1125 23,960.00 35- 630 - 5194 -1126 1,332.00 35- 630 - 5194 -1131 184.00 35- 630 - 5194 -5194 91,236.00 35- 630 - 5194 -5195 91,236.00 394 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �y� ,,, Stephanie M. Moon Reynol s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40183-031615. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Trevino Circle /Monterey Road Stream Restoration and Channel 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 such other real property interests as needed, as set forth in the City Council Agenda Report dated March 16, 2015, for the Project, in the general vicinity of Trevino Circle, N .E., Trevino Drive, N. E., Old Mountain Road, N. E., Jacklin Circle, N. E., and Monterey Road, N E., Roanoke, Virginia, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report dated March 16, 2015 and any other real property parcels needed for the Project for such consideration as the City Manager may deem appropriate, subject to an acceptable title and environmental report. All requisite documents shall be approved as to form by the City Attorney. 395 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 Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161h day of March, 2015. No. 40184- 031615. AN ORDINANCE authorizing the acquisition and demolifon of certain property located at 1906 Laura Road, N. W., which is subjective to repetitive flooding, under the Federal Emergency Management Agency's (FEMA) Hazard Mitigation Grant Program ( "Program ") in coordination with the Commonwealth of Virginia Department of Emergency Management, upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to execute the necessary documents, upon form approved by the City Attorney, to acquire the real property located at 1906 Laura Road, N. W., Roanoke, Virginia, bearing Offic al Tax Map No. 5030214, which is currently owned by the heirs of the late Clarence Hill and Hazel Hill, in whose names the property is currently assessed, for the purchase price of $81,000.00, such acquisition is subject to a satisfactory environmental site inspection and title report, under the FEMA Hazard Mitigation Grant Program in coordination with the 396 Commonwealth of Virginia Department of Emergency Management, and to demolish the structure located thereon after such acquisition, in accordance with the requirements of the Program, upon the terms and conditions contained in the City Manager's March 16, 2015, letter to City Council. Such documents shall be upon form approved by the City Attorney. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynold, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40185-031615. A RESOLUTION authorizing and directing the City Treasurer to refund an overpayment of an erroneous assessment of real estate taxes, including any penalties and interest, on real property located on Edmunds Avenue, N. E., Roanoke, Virginia, bearing Official Tax Map No. 3222217, owned by Wayne Eubank ( "Parcel 3222217 "), for the 2014, 2013, 2012, and 2011 tax years, together with interest at the annual rate of 10% , in accordance with the provisions of Section 58.1- 3981(A) of the Code of Virginia (1950) as amended; ratifying the recommendation of the Director of Real Estate Valuation to correct an erroneous assessment of real estate taxes on another parcel of real estate located on Edmunds Avenue, N. E., Roanoke, Virginia, bearing Official Tax Map No. 3222215, owned by Sandra Lee Overstreet ( "Parcel 3222215 "); authorizing the proper City officials to take such other actions as may be necessary to implement, administer, and enforce the correction of the assessments of Parcel 3222217 and Parcel 3222215; upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City's Commissioner of the Revenue has determined and certified, and the City Attorney consented, as further stated in the City Attorney's letter to this Council dated March 16, 2015, that, as a result of an erroneous assessment on Parcel 3222217, Wayne Eubank has overpaid the amount of real estate taxes due on such parcel by the amount of $2,378.06, for the 2014, 2013, 2012, and 2011 tax years, and is entitled to a refund of the same. 397 NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to Section 58.1 -3981 (A) of the Code of Virginia (1950) as amended, and the certification of the Commissioner of the Revenue, with the consent of the City Attorney, the City Treasurer is hereby authorized and directed to refund to Wayne Eubank the amount of $2,378.06 which amount reflects the overpayment of real estate taxes made on Parcel 3222217 as a result of an erroneous assessment for the 2014, 2013, 2012, and 2011 tax years, and includes penalties, together with interest, at the annual rate of 10% from the dates of such overpayments, and prior to making payment of the refund, the City Treasurer is authorized and directed to deduct the balance of the 2014 real estate taxes owed on such property in the amount of $797.75 and make a net payment by the City Treasurer to Wayne Eubank in the amount of $1,580.31, as further set forth in the City Attorney's March 16, 2015, letter to this Council. 2. City Council hereby concurs and ratifies the Director of Real Estate Valuation's recommendation that the City correct the assessment of Parcel 3222215 as of July 1, 2015, and refrain from collecting any additional taxes owed on such parcel for the prior tax years. 3. The proper City officials are authorized to take such other actions as may be necessary to implement, administer, and enforce the correction of the assessments of Parcel 3222217 and Parcel 3222215. APPROVED ATTEST: �erw Stephanie M. Moon Reynolds, MMC City Clerk 11� David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40186-031615. AN ORDINANCE to appropriate funding from the Federal government, the Commonwealth, local and private agency 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 Instructional Supplies 302 -110 - 0000 -1070 -134J -61100 -46614 -9 -09 $1,000.00 Professional 302 - 210 -3300 -0000 -362J -62140 -41129 -9 -01 1,967.00 Development Suppl. Teaching Staff 302 - 110 -0000 -1170 -313H -61100 - 41121 -3 -04 57,048.00 Retirement — VRS 302 - 110 -0000 -1170 -313H -61410 - 42202 -3 -04 28,524.00 Health Insurance 302 - 110 -0000 -1170 -313H -61100 - 42204 -3 -04 28,524.00 Miscellaneous 302- 203 -0000 -1000 -751 J -62130 -45586 -9 -00 2,000.00 Revenues Federal Grant 302 -000 -0000 -0000 -134J - 00000 -38010 -0 00 1,000.00 Receipts State Grant Receipts 302 -000 -0000 -0000 -362J -00000 - 32291 -0 -00 1,967.00 Local Contribution 302 -000 -0000 -1170 -313H -00000 - 33802 -0 -00 57,048.00 Other Finance 302 -000- LMAT- 1170 -313H -00000 - 72000 -0 -00 57,048.00 Sources Local Other Agency 302 -000 -0000 -0000 -751 J - 00000 -33808 -0 -00 2,000.00 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 �j <:�D O-Cw'�' Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40187- 031615. A RESOLUTION setting the allocation percentage for personal property tax relief in the City of Roanoke for the 2015 tax year. 399 WHEREAS, in accordance with the requirements set forth in Section 58.1 -3524 (C) (2) and Section 58.1 -3912 (E) of the Code of Virginia, as amended by Chapter 1 of the Acts of Assembly and as set forth in item 503.E (Personal Property Tax Relief Program or "PPTRA ") of Chapter 951 of the 2005 Acts of Assembly, qualifying vehicles with a taxable situs within the City commencing January 1, 2015, shall receive personal property tax relief: and, WHEREAS, this Resolution is adopted pursuant to Ordinance 37221 - 101705 adopted by City Council on October 17, 2005. NOW THEREFORE BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. That tax relief shall be allocated such as to provide 100% tax relief for qualifying personal use vehicles valued at $1,000.00 or less. 2. That qualifying personal use vehicles valued at $1,001.00 - $20,000.00 will be eligible for 49.00% tax relief. 3. That qualifying personal use vehicles valued at $20,001.00 or more shall only receive 49.00% tax relief on the first $20,000.00 of value. 4. That all other vehicles which do not meet the definition of "qualifying" (for example, including but not limited to, business use vehicles, farm use vehicles, motor homes, etc.) will not be eligible for any form of tax relief under this program. 5. That the percentages applied to the categories of qualifying personal use vehicles are estimated fully to use all available PPTRA funds allocated to the City of Roanoke by the Commonwealth of Virginia. ATTEST: Stephanie M. Moon Reynolds, M City Clerk m , •:e WB David A. Bowers Mayor Roof IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 161h day of March, 2015. No. 40188- 031615. AN ORDINANCE permanently vacating, discontinuing and closing a public right - of -way in the City of Roanoke located on the south side of Orange Avenue, N. E., between 11th Street, N. E., and 12th Street, N. E., as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Alvin Woods 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 March 16, 2015, 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: a 10 ft. wide and 35 ft. long alley located on the south side of Orange Avenue, N. E., between 11th Street, N. E., and 12th Street, N. E., adjoined by Official Tax Map Nos. 3050402, 3050403, 3050405, and 3050406, 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, 401 specifically, without limitation, providers to or for the public of cable television, electricity, natural gas or telephone service, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, and related facilities that may now be located in or across such public right -of -way, together with the right of ingress and egress for the maintenance or replacement of such lines, mains or utilities, such right to include the right to remove, without the payment of compensation or damages of any kind to the owner, any landscaping, fences, shrubbery, structure or any other encroachments on or over the easement which impede access for maintenance or replacement purposes at the time such work is undertaken; such easement or easements to terminate upon the later abandonment of use or permanent removal from the above - described public right -of -way of any such municipal installation or other utility or facility by the owner thereof. BE IF FURTHER ORDAINED that closure of the subject right -of -way shall be subject to the following conditions: 1. 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 C.ty 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. 2. Such plat shall not be approved until the applicant, or any person or entity associated with or on behalf of the applicant, has provided streetscape improvements consisting of curb, gutter and sidewalk, installed in compliance with all applicable City standards, adjoining the applicant's properties on 11t" Street, N. E., and 12th Street, N. E., or has posted security acceptable to the City for the installation of such improvements. 3. If the applicant does not provide such streetscape improvement€ or post such security, the plat will be approved upon the payment to the City of Roanoke $1,283.66. 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. r 1 M BE IT FURTHER ORDAINED that the applicant shall, upon a certified copy of this ordinance being recorded by the Clerk of the Circuit Court of the City of Roanoke, Virginia, where deeds are recorded in such Clerk's Office, file with the City Engineer for the City of Roanoke, Virginia, the Clerk's receipt, demonstrating that such recordation has occurred. BE IT FURTHER ORDAINED that if the above conditions have not been met within a period of one year from the date of the adoption of this ordinance, then such ordinance shall be null and void with no further action by City Council being necessary. BE IT FINALLY ORDAINED that pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reyndlds, MMC City Clerk David A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No 40189 - 031615. AN ORDINANCE to rezone certain property located at 1113 11th Street, N. E., three (3) unaddressed lots on 11th Street, N. E., and one (1) unaddressed lot on Orange Avenue, N. E., from CN, Commercial- Neighborhood District, to CG, Commercial - General District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Alvin and Bonita Woods have made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 1113 11`h Street, N. E., bearing Official Tax Map No. 3050407; three (3) unaddressed lots on 11"' Street, N. E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and one (1) unaddressed lot on Orange Avenue, N. E., bearing Official Tax Map No. 3050405, rezoned from CN, Commercial- Neighborhood District, to CG, Commercial - General District, subject to certain conditions; 403 I I 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 March 16, 2015, 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 the property located at 1113 11" Street, N. E., bearing Official Tax Map No. 3050407; three (3) unaddressed lots on 11t�' Street, N. E., bearing Official Tax Map Nos. 3050402, 3050403, and 3050406; and one (1) unaddressed lot Orange Avenue, N. E., bearing Official Tax Map No. 3050405, be, and are hereby rezoned from CN, Commercial- Neighborhood District, to CG, Commercial - General District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated February 16, 2015. 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 Reynol s, MMC City Clerk David A. Bowers Mayor M] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40190-031615. AN ORDINANCE to rezone certain property located at 4414 Pheasant Ridge Road, S. W., 4345 Griffin Road, S. W., four unaddressed lots on Griffin Road, S. W., and three unaddressed lots on Van Winkle Road, S. W., from MXPUD, Mixed Use Planned Unit Development, to INPUD, Institutional Planned Unit Development, subject to certain conditions; and dispensing with the second reading of this ordinance by title. WHEREAS, PR Homes, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to have the property located at 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map No. 5460124; 4345 Griffin Road, S. W., bearing Official Tax Map No. 5470302; four unaddressed lots on Griffin Road, S. W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, and 5470305; and three unaddressed lots on Van Winkle Road, S. W., bearing Official Tax Map Nos. 5470306, 5470307, and 5470308, rezoned from MXPUD, Mixed Use Planned Unit Development, to INPUD, Institutional Planned Unit Development; 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 March 16, 2015, 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: SIR 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 at 4414 Pheasant Ridge Road, S. W., bearing Official Tax Map No. 5460124; 4345 Griffin Road, S. W., bearing Official Tax Map No. 5470302; four unaddressed lots on Griffin Road, S.W., bearing Official Tax Map Nos. 5470301, 5470303, 5470304, and 5470305; and three unaddressed lots on Van Winkle Road, S.W., bearing Official Tax Map Nos. 5470306, 5470307, and 5470308, be and are hereby rezoned from MXPUD, Mixed Use Planned Unit Development, to INPUD, Institutional Planned Unit Development, as set forth in the Zoning Amendment Amended Application No. 2, dated February 19, 2015. 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 Reyndlds, MMvY� David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40191- 031615. AN ORDINANCE exempting from real estate property taxation certain property located at 2002 Highland Farm Road, N. W., Roanoke, Virginia, and depicted as Official Tax Map No. 6472303, owned by Countryside Sportsplex Inc., an organization devoted exclusively to chartable or benevolent purposes on a non - profit basis; providing for an effective date; and dispensing with the second reading of this ordinance by tale. WHEREAS, Countryside Sportsplex, Inc., (hereinafter "the Applicant "), has petitioned this Council to exempt certain real property of the Applicant from taxation pursuant to Article X Section 6(a)(6) of the Constitution of Virginia; WHEREAS, a public hearing at which all citizens and other interested persons had an opportunity to be heard with respect to the Applicant's petition was held by Council on March 16, 2015; 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; 5Kie 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. 6472303, commonly known as 2002 Highland Farm Road, N. W., Roanoke, Virginia, (the "Property "), and owned by the Applicant, and providing that the Property shall be used by the Applicant exclusively for charitable or benevolent purposes on a non - profit basis; and WHEREAS, in consideration of Council's adoption of this Ordinance, the Applicant has voluntarily agreed to pay each year a service charge in an amount equal to twenty percent (20 %) of the City of Roanoke's real estate tax levy, which would be applicable to the Property were the Property not exempt from such taxation, for so long as the Property is exempted from such taxation. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council classifies and designates Countryside Sportsplex, Inc., as a charitable or benevolent organization within the context of Section 6(a)(6) of Article X of the Constitution of Virginia, and hereby exempts from real estate taxation certain real estate, identified as Official Tax Map No. 6472303, commonly known as 2002 Highland Farm Road, N. 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. The tax exemption granted the Applicant pursuant to this ordinance shall be further conditioned upon the following: (a) Applicant acknowledges and agrees that it will immediately notify the City of Roanoke Commissioner of Revenue in writing when any portion of the Property that is being exempted from taxation pursuant to this ordinance is being leased to a third party and to provide the City a copy of such lease, and (b) Applicant agrees to include a provision in all leases of the Property to third parties that such third parties are responsible for paying the City applicable leasehold taxes assessed by the City. Applicant acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the Property. 4. This Ordinance shall be in full force and effect on July 1, 2015, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 407 5. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Clay L. Dawson, President, and the authorized agent of Countryside Sportsplex, Inc. 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 Countryside Sportsplex, Inc., this _ day of 2015. COUNTRYSIDE SPORTSPLEX, INC. Printed Name and Title APPROVED ATTEST: Stephanie M. Moon ReynoltJs, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 16th day of March, 2015. No. 40192-031615. AN ORDINANCE authorizing the proper City officials to execute an Agreement for Purchase and Sale of Real Property between the City of Roanoke, Virginia ( "City "), and Black Dog Properties, L.L.C. ( "Black Dog "), to sell to Black Dog certain real property located at 1231 Midvale Avenue, S. W., Roanoke, Virginia, consisting of approximately one -half of the parcel, not to exceed 1.25 acres, designated as Official Tax Map No. 1221301, 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. 1[813 WHEREAS, a public hearing was held on March 16, 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: 1. The City Manager is hereby authorized on behalf of the City to execute an Agreement for Purchase and Sale of Real Property ( "Sales Contract'), substantially similar to the Sales Contact attached to the City Council Agenda Report to this Council dated March 16, 2015, to sell to Black Dog a parcel of land consisting of approximately one -half of the parcel, not to exceed 1.25 acres, located at 1231 Midvale Avenue, S. W., Roanoke, Virginia, designated as Official Tax Map No. 1221301 ('Property ") for the purchase price of $8,750.00, upon such terms and conditions as more particularly set forth in the City Council Agenda Report dated March 16, 2015. 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 Black Dog pursuant to the Sales 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 Reynolds, MMC - City Clerk David A. Bowers Mayor EM IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The Wh day of April, 2015, No. 40193-040615. A RESOLUTION approving the Roanoke Regional Airport Commission's 2015 - 2016 proposed operating and capital budget upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that in accordance with the requirements of the Roanoke Regional Airport Commission Act, as amended, and the Roanoke Regional Airport Commission Contract dated January 28, 1987, as amended, the City of Roanoke hereby approves the Roanoke Regional Airport Commission's 2015 - 2016 proposed operating and capital budget, as well as a separate listing of certain proposed capital expenditures, as more particularly set forth in a report from the Roanoke Regional Airport Commission to this Council dated March 20, 2015. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of April, 2015. No. 40194-040615. A RESOLUTION authorizing the acceptance of a Summer Food Program Grant from the Virginia Department of Health, and authorizing execution of any required documents on behalf of the City, in connection with such grant, under certain conditions. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Health a Summer Food Program Grant in the amount of $100,000.00, such funding to be used to cover the expense of providing for the nutritional needs of children and youth during the summer months through the City's Summer Nutrition Program, all of which is more particularly described in the City Council Agenda Report dated April 6, 2015, to City Council. 410 2. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, any and all requisite documents pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney, and to furnish such additional information as may be required by the Virginia Department of Health in connection with the grant. 3. The City Manager is further authorized to take any further actions, and to execute any additional documents, approved as to form by the City Attorney, needed to implement and administer the Summer Food Program Grant. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC ✓ David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of April, 2015. No. 40195-040615. AN ORDINANCE to appropriate funding from the Federal Government, through the Virginia Department of Health, for the Summer Food Program, amending and reordaining certain sections of the 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 certain sections of the 2014 - 2015 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Youth Activities 35- 620 -5276 -2157 $ 100,000.00 Revenues Summer Food Program FY15 35- 620 -5276 -5276 100,000.00 411 Pursuant 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 61" day of April, 2015. No. 40196-040615. AN ORDINANCE to appropriate funding from the Parking Fund Retained Earnings to Parking Fund Contingency for various capital upgrade and repair projects, 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: Appropriations Appropriated from General Revenue Fund Balance Retained Earnings - Available 07- 540 - 8273 -9003 $ 401,300.00 07 -3348 (401,300.00) 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: DQ�W Stephanie M. Moon Reynolds, M David A. Bowers City Clerk Mayor 412 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6`h day of April, 2015. No. 40197-040615, AN ORDINANCE to appropriate funding for Parks and Recreation Programs and increase associated revenue 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 Fees for Professional Services 01- 620 - 7110 -2010 $ 23,000.00 Supplies - Outdoor Recreation 01- 620 - 7124 -2099 21,000.00 Supplies — Special Event 01- 620 - 7124 -2125 15,000.00 Revenues Outdoor Adventure 01- 110 - 1234 -1583 22,000.00 Outdoor Recreation Events 01- 110 - 1234 -1584 17,000.00 Facility Rentals 01- 110 -1234 -1380 4,000.00 Parks Miscellaneous 01- 110 - 1234 -1395 16,000.00 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: �^ l a� / ^�`�� 1 A"7 „^�.t� I IOVr1 0 ` \ , S\ X \ / Ste` Stephanie M. Moon Reynolds, MMC �/ David A. Bowers City Clerk Mayor 413 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6'h day of April, 2015. No. 40198-040615. A RESOLUTION authorizing acceptance of the FY2015 "Four for Life" Grant for Emergency Medical Services (EMS) made to the City of Roanoke by the Commonwealth of Virginia, Department of Health, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Commonwealth of Virginia, Department of Health, the FY2015 "Four for Life' Grant for Emergency Medical Services (EMS) in the amount of $77,912.00.00, with no local match, to be used for training, supplies, or other appropriate items used for EMS, as more particularly described in the City Council Agenda Report dated April 6, 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 by from the Commonwealth of Virginia, Department of Health, in connection with the 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 6" day of April, 2015. No. 40199-040615. AN ORDINANCE appropriating funding from the Virginia Department of Health for the purpose of purchasing emergency medical service (EMS) training and supplies, amending and reordaining certain sections of the 2014 - 2015 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 414 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 35- 520 - 3552 -2035 $ 15,000.00 Training and Development 35 -520- 3552 -2044 15,000.00 Vehicular Equipment 35 -520- 3552 -9010 25,000.00 Other Equipment 35- 520 - 3552 -9015 22,912.00 Revenues Four - For -Life Grant FY15 35- 520 - 3552 -3552 77,912.00 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, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61h day of April, 2015. No. 40200-040615. A RESOLUTION authorizing the proper city officials to execute a Support Agreement among the City of Roanoke, Virginia, the City of Salem, Virginia, the Roanoke Valley Broadband Authority, and the Virginia Resources Authority ( "VRA "), subject to certain terms and condition; and authorizing the City Manager to take certain other actions in connection with such Support Agreement. WHEREAS, the Roanoke Valley Broadband Authority ( "RVBA ") was created by the concurrent resolutions adopted by the City of Roanoke (September 3, 2013), the City of Salem (September 9, 2013), Botetourt County (September 24, 2013) and Roanoke County (August 27, 2013); 415 WHEREAS, the RVBA has determined to offer for sale to the Virginia Resources Authority ( "VRA ") its Broadband Infrastructure Revenue Bond (the "Local Bond "), Series 2015, in the principal amount of up to $6,270,000.00, being issued by the RVBA to finance the design, engineering and construction of an approximately 47 -mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Project "); WHEREAS, VRA will purchase the Local Bond with proceeds from the issuance and sale of VRA's bonds through its Virginia Pooled Financing Program pursuant to a Local Bond Sale and Financing Agreement to be dated as of April 10, 2015 (the "Financing Agreement "), between the RVBA and VRA, and the RVBA will issue and sell to VRA the Local Bond to evidence the RVBA's obligation to pay the debt service on the Local Bond; WHEREAS, on March 20, 2015, the governing body of the RVBA adopted a resolution agreeing to issue the Local Bond within certain parameters and to offer the Local Bond for sale to VRA; WHEREAS, VRA has indicated that a condition to VRA's purchase of the Local Bond to be issued by the RVBA is the approval, execution and delivery by the City of Roanoke and the City of Salem (the "Cities") of a Support Agreement (the "Support Agreement ") by which the Cities will undertake non - binding obligations to consider making appropriations of money from time to time to or on behalf of the RVBA in connection with payments due on the Local Bond and under the Financing Agreement; and WHEREAS, the Council of the City of Roanoke (the "City Council ") desires to approve the City's agreement to undertake such a non - binding obligation in a form that will be set forth in a Support Agreement substantially similar to the draft of the Support Agreement attached to the City Council Agenda Report dated April 6, 2015. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council has determined it is in the best interests of the City and its citizens for the City to enter into a Support Agreement among the City of Roanoke, the City of Salem, the RVBA, and the VRA to reflect that the non - binding obligations described in the above recitals will apply to the Local Bond and the Financing Agreement to reflect the issuance and sale of the Local Bond and the financing of the Project. 416 2. The Mayor or City Manager, either of whom may act, are each hereby authorized to execute and deliver to the RVBA and the VRA a Support Agreement substantially similar to the one attached to the above mentioned Council Agenda Report, and City Council further approves such Agreement, with such completions, omissions, insertions or changes, not inconsistent with this resolution, as may be approved by the Mayor or City Manager. The execution of the Support Agreement by the Mayor or City Manager will be evidence of his approval of such completions, omissions, insertions or changes. The form of any such Support Agreement shall be approved as to form by the City Attorney. 3. As provided in the Support Agreement, City Council authorizes the City Manager to make a request to City Council to appropriate to or on behalf of the RVBA such amounts as may be requested from time to time pursuant to the Support Agreement, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia and the Charter of the City of Roanoke. City Council, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 4. City Council acknowledges that VRA considers the Support Agreement as a "local obligation" pursuant to Section 62.1 -216.1 of the Code of Virginia. In the event of the failure of the City to make a payment under the Support Agreement, VRA has the right, and is obligated under the Indenture (as defined in the Financing Agreement) to institute the "state -aid intercept" process set forth in Section 62.1 -216.1 of the Code of Virginia under which the Governor could cause the Comptroller to withhold all further payment to the City of funds appropriated and payable by the Commonwealth to the City until the unpaid sum is obtained; provided, however, that in the event VRA determines to institute the "state -aid intercept" process, and so long as there are adequate amounts in the Local Debt Service Reserve Fund (as such term is defined in the Financing Agreement) to cover any Local Bond debt service then due and payable and payable in the following sixty (60) days, it will give the City of Roanoke sixty (60) days' written notice before instituting the "state -aid intercept' process. If the Local Debt Service Reserve Fund is not sufficient for such purpose, then VRA may institute the "state -aid intercept" process without such notice. The funds so withheld would be directed to VRA to cure the nonpayment. 5. Nothing herein contained is or shall be deemed to be a pledge or a lending of the credit of the City of Roanoke to RVBA, VRA or to any holder of the Local Bond or to any other person or entity, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the City of Roanoke, nor shall anything herein contained legally bind or obligate the City Council of Roanoke to appropriate funds for the purposes described or mentioned in the Support Agreement. 417 6. 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 enforce such Support Agreement, with any such documents to be approved as to form by the City Attorney. 7. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: Sold c . .� Stephanie M. Moon Reynolds, M David A. Bowers owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of April, 2015. No. 40201-040615. AN ORDINANCE to appropriate funding from the Series 2015 Bonds to various capital projects, amending and reordaining certain sections of the 2014 - 2015 Stormwater Utility, 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 Stormwater Utility, 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 Stormwater Utility Fund Appropriations Appropriated from 2015 Bond Funds 03- 530 - 3014 -9373 $ 1,120,000.00 Civic Facilities Fund Appropriations Civic Center Upgrades 05- 550 - 9507 -9340 1,000,000.00 Capital Projects Fund Appropriations Appropriated from 2015 Bond Funds 08- 310 - 9692 -9373 (2,000,000.00) Neighborhood Storm Drain Projects 08- 530 - 9536 -9337 1,120,000.00 Franklin Rd over NSRW — Bridge 08 -530- 9536 -9342 3,800,000.00 Replacement Parks & Rec Master Plan - Phase 11 08- 530 - 9536 -9344 1,000,000.00 d •. Parks 08- 530 - 9536 -9346 $ 4,000,000.00 Passenger Rail Infrastructure 08 -530- 9536 -9362 3,000,000.00 Broadband Infrastructure 08- 530 - 9536 -9365 (2,000,000.00) Curb, Gutter, Sidewalk FY15 08- 530 - 9536 -9370 1,000,000.00 Raleigh Court Library Renovations 08- 530 - 9536 -9371 2,413,000.00 Roanoke Police Academy Expansion 08- 530 - 9536 -9374 1,430,000.00 Appropriated from 2015 Bond Funds 08 -530- 9586 -9373 250,000.00 Appropriated from 2015 Bond Funds 08 -530- 9734 -9373 (1,120,000.00) Revenues General Obligation Bond Proceeds— Par 08- 110 - 1234 -1042 12,535,000.00 General Obligation Bond Proceeds— 08- 110 - 1234 -1046 358,000.00 Premium Department of Technology Fund Appropriations E911 Center 13- 430 - 9639 -9372 250,000.00 Appropriated from 2015 Bond Funds 13- 430 - 9646 -9373 (250,000.00) School Capital Projects Fund Appropriations Lighting Replacement — Phase II 31- 060 - 9537 -9355 3,858.00 Round Hill Exp— Phase 1 31- 060 - 9537 -9367 749,867.00 Westside Water Control 31- 065 - 9537 -9369 75,000.00 Round Hill Exp — Phase II 31- 060 - 9537 -9375 2,523,695.00 VA Heights HVAC 31- 060 - 9537 -9376 1,500,000.00 Garden City— Phase II 31- 060 - 9537 -9380 139,665.00 Patrick Henry High School 31- 060 - 9537 -9381 7,915.00 Revenues General Obligation Bond Proceeds— Par 31- 110 - 1234 -1042 4,885,000.00 General Obligation Bond Proceeds— 31- 110 - 1234 -1046 115,000.00 Premium Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ��Q� ' ///y��/ Stephanie M. Moon Reyn lds, MMC �J �DCavid�A'. Bowers City Clerk Mayor I. • IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20`h day of April, 2015, No. 40202-042015. A RESOLUTION memorializing the late Edward Cabell Brand, life -time resident and dedicated community leader of the Roanoke Valley. WHEREAS, the members of Council learned with sorrow of the passing of Mr. Brand on Tuesday, January 13, 2015; WHEREAS, Mr. Brand was born, lived, and died in Salem, Virginia; WHEREAS, Mr. Brand was a graduate of Andrew Lewis High School; WHEREAS, Mr. Brand was valedictorian of his 1944 graduating class at Virginia Military Institute (VMI), where he earned a degree in engineering, and went on to study at Harvard Business School and the University of Virginia; WHEREAS, while at VMI, Mr. Brand was called to serve in the 70th Infantry Division in World War II; WHEREAS, Mr. Brand became an economic analyst in the Intelligence Office of Berlin's Military Government and served with the United States Foreign Service in Europe, where he assisted in implementing the Marshall Plan to rebuild devastated Europe; and, at the completion of his military service, held the rank of Captain and was a recipient of the Bronze Star; WHEREAS, after his military service, Mr. Brand returned to VMI to complete his education; WHEREAS, after college, Mr. Brand went to work at the Ortho Vent Shoe Company in Salem, a company founded by his grandfather, and eventually became president and took the company public as The Stuart McGuire Company in 1970; WHEREAS, Mr. Brand merged The Stuart McGuire with The Home Shopping Network, where he remained as a consultant until 1995; WHEREAS, in 1965, Mr. Brand founded Total Action Against Poverty, currently known as Total Action for Progress (TAP), a community action agency that has brought more than $300 million to the Roanoke Valley; 420 WHEREAS, Mr. Brand served on a number of boards including First Virginia Bank, Armstrong Chemicals, Electrolux Corporation, and The Virginia State Board of Health, serving as its chairman for four years, becoming the first businessman to ever hold that position; WHEREAS, Mr. Brand was a trustee of the H. John Heinz III Center for Science, Economics and the Environment; chairman of Young Presidents Organization; a board member of The National Academy of Sciences and the Virginia Water Project; and was chairman of Child Health Investment Partnership (CHIP) until 1996; WHEREAS, in 1987, Mr. Brand founded The Cabell Brand Center for International Poverty and Research Studies, an educational center that afforded students with the opportunity to study and research issues of poverty, peace, and the environment; WHEREAS, Mr. Brand was the author of If Not Me Then Whop a review of his life experiences and the crucial role these experiences played in inspiring his passion for public service; WHEREAS, Mr. Brand was honored with numerous awards for his service and commitment to the public, including the VISTA Award that recognized Mr. Brand as the businessman in the United States who had done the most for low- income Americans; the Lyndon Baines Johnson Humanitarian Award; Virginia Governor Gold Medal Award for volunteering excellence; the first Jonathan Daniels Award from VMI; Noel Taylor Humanitarian Award; Salem Rotary Club's Outstanding Citizen Award; and Roanoke - Salem Chamber of Commerce Lifetime Achievement Award; WHEREAS, Mr. Brand received honorary degrees from Washington & Lee University, Roanoke College, Ferrum College, Virginia Western Community College, and Lynchburg College; WHEREAS, Mr. Brand was featured in Some Do Care to acknowledge his exemplary leadership in the United States, and in Who's Who in America. WHEREAS, throughout his life in the Roanoke Valley, Mr. Brand epitomized the dedicated public servant and his impact on all people in the Roanoke Valley is his bequest to his beloved community. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council adopts this resolution as a means of recording its deepest regret and sorrow at the passing of Edward Cabell Brand, extending to his family its sincerest condolences, and recognizing the indelible legacy he left to the Roanoke Valley and his fellow citizens. 421 2. The City Clerk is directed to forward an attested copy of this resolution to Mr. Brand's children, Sylvia Brand Knaup of Columbia, Tennessee, Miriam Brand Kline of Richmond, Virginia, Caroline Brand Mateja of Charlottesville, Virginia, and Liza Pence Urso of Dallas, Texas. APPROVED ATTEST: yyam�__ '}}'��y�lb., `� , Stephanie M. MovontReynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of April, 2015. No. 40203 - 042015. A RESOLUTION approving the recommendation of the Roanoke Valley Regional Cable Television Committee to approve the annual operating budget for Fiscal Year 2015 - 2016 for the operation of the regional government and educational access station, Roanoke Valley Television (RVTV, Channel 3), and for the City to provide partial funding. WHEREAS, the Roanoke Valley Regional Cable Television Committee (Committee) has reviewed and approved the annual operating budget for Fiscal Year 2015 -2016 for the operation of RVTV and has requested that the City of Roanoke approve that operating budget; WHEREAS, the Committee is comprised of representatives from the City of Roanoke, Roanoke County, and the Town of Vinton and these jurisdictions have agreed to provide funding for the purposes for which the Committee was created, including the support of the operation of a regional government and educational access station, RVTV; WHEREAS, such jurisdictions have agreed to provide funding as stated in the agreement creating the Committee and the Committee has recommended that the City of Roanoke provide partial funding to RVTV in the amount of $204,904, plus an additional $2,136.00; and WHEREAS, this Council desires to approve the recommendation of the Committee and provide partial funding as requested by the Committee. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The annual operating budget of $394,047.00, which is the amount being requested from the member localities, plus an additional amount of $2,136.00 from the City for the cost of providing closed captioning service for televising the monthly 9 a.m. City Council Briefings or Sessions, all as set forth in the RVTV letter dated April 20, 2015, to this Council, is hereby approved. 2. In accordance with the Committee's request to the City to fund a portion of the RVTV operating budget mentioned above, the total amount of $207,040.00 (which consists of $204,904.00 as the City's portion of the requested budget amount, plus the $2,136.00 for closed captioning) will be provided by the City of Roanoke as its prorata share for the annual operational budget for RVTV for the Fiscal Year 2015 - 2016 as requested in the above RVTV letter dated April 20, 2015, to this Council. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20x' day of April, 2015. No. 40204 - 042015. 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. BE IT RESOLVED by the Council of the City of Roanoke that: 423 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 $188,826.00, 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 April 20, 2015, for a one year period, beginning October 1, 2015, through September 30, 2016, 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: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201h day of April, 2015. No. 40205-042015. 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: 424 Appropriations Shelter Plus Care Revenues Shelter Plus Care FY16 35- 630 - 5307 -2159 $188,826.00 35- 630 - 5307 -5307 188,826.00 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 <�J David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of April, 2015. No. 40206-042015. AN ORDINANCE to appropriate funding from the Department of Environmental Quality, 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 Expendable Equipment Training and Development Vehicular Equipment Vehicular Equipment Revenues Stormwater Management Permits 01- 610 - 3410 -2035 $( 750.00) 01- 610 - 3410 -2044 (1,250.00) 01- 610 - 3410 -9010 21,366.00 01- 610 - 8110 -9010 38,731.00 01- 110 - 1234 -0346 58,097.00 n1 425 Pursuant 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, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of April, 2015. No. 40207- 042015. A RESOLUTION authorizing the City Manager to execute Amendment No. 5 to the City's Contract with John Thomas Divers, Jr., for weed and trash abatement. WHEREAS, the City entered into a contract with John Thomas Divers, Jr. ( "Contractor'), dated July 1, 2011, pursuant to which contract, the Contractor agreed to provide weed and trash abatement services; WHEREAS, the City and the Contractor have agreed to amend the Contract to extend the term of the Contract and increase the amount payable to Contractor for additional weed and trash abatement services; WHEREAS, the City and the Contractor desire to amend the Contract pursuant to Amendment No. 5, a copy of which amendment is attached to the City Council Agenda Report dated April 20, 2015; and WHEREAS, pursuant to City Charter and City Code, City Council authorization is required because the aggregate amount of all increases payable under the Contract, as amended, will exceed an amount of $50,000.00. 426 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 5 to the City's Contract with John Thomas Divers, Jr., for weed and trash abatement, such Amendment No. 5 to be approved as to form by the City Attorney, all of which is more fully set forth in the City Council Agenda Report dated April 20, 2015. APPROVED ATTEST: A49��rn - �� < Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201h day of April, 2015. No. 40208-042015. A RESOLUTION authorizing the City Manager to execute Amendment No. 5 to the City's Contract with Terri Nichols, d /b /a NLC Maintenance, LLC, for weed and trash abatement. WHEREAS, the City entered into a contract with Terri Nichols, d /b /a NLC Maintenance, LLC ( "Contractor"), dated July 1, 2011, pursuant to which contract, the Contractor agreed to provide weed and trash abatement services; WHEREAS, the City and the Contractor have agreed to amend the Contract to extend the term of the Contract and increase the amount payable to Contractor for additional weed and trash abatement services; WHEREAS, the City and the Contractor desire to amend the Contract pursuant to Amendment No. 5, a copy of which amendment is attached to the City Council Agenda Report dated April 20, 2015; and WHEREAS, pursuant to City Charter and City Code, City Council authorization is required because the aggregate amount of all increases payable under the Contract, as amended, will exceed an amount of $50,000.00. 427 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 5 to the City's Contract with Terri Nichols, d /b /a NLC Maintenance, LLC, for weed and trash abatement, such Amendment No. 5 to be approved as to form by the City Attorney, all of which is more fully set forth in the City Council Agenda Report dated April 20, 2015. APPROVED ATTEST: .Et.""'t� a ' 1. T� - _ Stephanie M. Moon Reyn Ids, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20� day of April, 2015. No. 40209-042015. A RESOLUTION authorizing the City Manager to execute Amendment No. 5 to the City's Contract with Keith Saunders Company, LLC, for weed and trash abatement. WHEREAS, the City entered into a contract with Keith Saunders Company, LLC, ( "Contractor'), dated July 1, 2011, pursuant to which contract, the Contractor agreed to provide weed and trash abatement services; WHEREAS, the City and the Contractor have agreed to amend the Contract to extend the term of the Contract and increase the amount payable to Contractor for additional weed and trash abatement services; WHEREAS, the City and the Contractor desire to amend the Contract pursuant to Amendment No. 5, a copy of which amendment is attached to the City Council Agenda Report dated April 20, 2015; and WHEREAS, pursuant to City Charter and City Code, City Council authorization is required because the aggregate amount of all increases payable under the Contract, as amended, will exceed an amount of $50,000.00. • NOW, THEREFORE BE IT RESOLVED by the Council of the City of Roanoke that the City Manager is hereby authorized, for and on behalf of the City, to execute Amendment No. 5 to the City's Contract with Keith Saunders Company, LLC, for weed and trash abatement, such Amendment No. 5 to be approved as to form by the City Attorney, all of which is more fully set forth in the City Council Agenda Report dated April 20, 2015. APPROVED ATTEST L: I� � Stephanie M. Moon Reynolds, MM C0 David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201h day of April, 2015. No. 40210-042015. AN ORDINANCE to appropriate funding from the Economic Development Authority (EDA) and the Capital Improvement Reserve to 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. 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 Appropriated from General Revenue Appropriated from Third Party Revenues EDA Contribution for RCIT Sidewalks 08- 530 - 9575 -9220 $(75,000.00) 08- 530 - 9677 -9003 75,000.00 08- 530 - 9677 -9004 75,000.00 08- 530 - 9677 -9677 75,000.00 429 Pursuant 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 ds, MMC David A. Bowers yno City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20'h day of April, 2015, No. 40211 - 042015. A RESOLUTION authorizing the proper city officials to execute a Support Agreement among the City of Roanoke, Virginia, the City of Salem, Virginia, the Roanoke Valley Broadband Authority, and the Virginia Resources Authority ( "VRA "), subject to certain terms and conditions; amending and readopting Resolution No. 40200 - 040615, adopted by the Council of the City of Roanoke on April 6, 2015; and authorizing the City Manager to take certain other actions in connection with such Support Agreement. WHEREAS, the Roanoke Valley Broadband Authority ( "RVBA ") was created by the concurrent resolutions adopted by the City of Roanoke (September 3, 2013), the City of Salem (September 9, 2013), Botetourt County (September 24, 2013) and Roanoke County (August 27, 2013); WHEREAS, the RVBA has determined to offer for sale to the Virginia Resources Authority ( "VRA ") its Broadband Infrastructure Revenue Bond (the "Local Bond "), Series 2015, in the principal amount of up to $6,270,000.00, being issued by the RVBA to finance the design, engineering and construction of an approximately 47 -mile metropolitan, suburban and rural fiber optic telecommunications network with single ring architecture in the Roanoke Valley area, including related landscaping, infrastructure and issuance costs (the "Project"); 430 WHEREAS, VRA will purchase the Local Bond with proceeds from the issuance and sale of VRA's bonds through its Virginia Pooled Financing Program pursuant to a Local Bond Sale and Financing Agreement to be dated as of April 10, 2015 (the "Financing Agreement "), between the RVBA and VRA, and the RVBA will issue and sell to VRA the Local Bond to evidence the RVBA's obligation to pay the debt service on the Local Bond; WHEREAS, on March 20, 2015, the governing body of the RVBA adopted a resolution agreeing to issue the Local Bond within certain parameters and to offer the Local Bond for sale to VRA; WHEREAS, VRA has indicated that a condition to VRA's purchase of the Local Bond to be issued by the RVBA is the approval, execution and delivery by the City of Roanoke and the City of Salem (the "Cities") of a Support Agreement (the "Support Agreement ") by which the Cities will undertake non - binding obligations to consider making appropriations of money from time to time to or on behalf of the RVBA in connection with payments due on the Local Bond and under the Financing Agreement; WHEREAS, the Council of the City of Roanoke (the "City Council ") desires to approve the City's agreement to undertake such a non - binding obligation in a form that will be set forth in a Support Agreement substantially similar to the draft of the Support Agreement attached to the City Attorney Report dated April 6, 2015; WHEREAS, the City Council approved on April 6, 2015, by Resolution No. 40200- 040615, the agreement of the City to undertake a non - binding support obligation in a form that was set forth in a Support Agreement substantially similar to the draft of the Support Agreement attached to the City Attorney Report dated April 6, 2015; and WHEREAS, VRA, subsequent to April 6, 2015, requested modifications to the Support Agreement to provide certain changes, which are now part of the Support Agreement that is attached to the City Attorney Report dated April 20, 2015. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council has determined it is in the best interests of the City and its citizens for the City to enter into a Support Agreement among the City of Roanoke, the City of Salem, the RVBA, and the VRA to reflect that the non - binding obligations described in the above recitals will apply to the Local Bond and the Financing Agreement to reflect the issuance and sale of the Local Bond and the financing of the Project. 431 2, The Mayor or City Manager, either of whom may act, are each hereby authorized to execute and deliver to the RVBA and the VRA a Support Agreement that is dated as of April 10, 2015, substantially similar to the one attached to the City Attorney Report dated April 20, 2015, and City Council further approves such Support Agreement, with such completions, omissions, insertions or changes, not inconsistent with this resolution, as may be approved by the Mayor or City Manager. The execution of the Support Agreement by the Mayor or City Manager will be evidence of his approval of such completions, omissions, insertions or changes. The form of any such Support Agreement shall be approved as to form by the City Attorney. 3. As provided in the Support Agreement, City Council authorizes the City Manager to make a request to City Council to appropriate to or on behalf of the RVBA such amounts as may be requested from time to time pursuant to the Support Agreement, to the fullest degree and in such manner as is consistent with the Constitution and laws of the Commonwealth of Virginia and the Charter of the City of Roanoke. City Council, while recognizing that it is not empowered to make any binding commitment to make such appropriations in future fiscal years, hereby states its intent to make such appropriations in future fiscal years, and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 4. City Council acknowledges that VRA considers the Support Agreement as a "local obligation" pursuant to Section 62.1 -216.1 of the Code of Virginia. In the event of the failure of the City to make a payment under the Support Agreement, VRA has the right, and is obligated under the Indenture (as defined in the Financing Agreement) to institute the "state -aid intercept" process set forth in Section 62.1 -216.1 of the Code of Virginia under which the Governor could cause the Comptroller to withhold all further payment to the City of funds appropriated and payable by the Commonwealth to the City until the unpaid sum is obtained; provided, however, that in the event VRA determines to institute the "state -aid intercept" process, and so long as there are adequate amounts in the Local Debt Service Reserve Fund (as such term is defined in the Financing Agreement) to cover any Local Bond debt service then due and payable and payable in the following sixty (60) days, it will give the City of Roanoke sixty (60) days' written notice before instituting the "state -aid intercept" process. If the Local Debt Service Reserve Fund is not sufficient for such purpose, then VRA may institute the "state -aid intercept" process without such notice. The funds so withheld would be directed to VRA to cure the nonpayment. 432 5. Nothing herein contained is or shall be deemed to be a pledge or a lending of the credit of the City of Roanoke to RVBA, VRA or to any holder of the Local Bond or to any other person or entity, and nothing herein contained is or shall be deemed to be a pledge of the faith and credit or the taxing power of the City of Roanoke, nor shall anything herein contained legally bind or obligate the City Council of Roanoke to appropriate funds for the purposes described or mentioned in the Support Agreement. 6. 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 enforce such Support Agreement, with any such documents to be approved as to form by the City Attorney. 7. Prior Resolution No. 40200 - 040615, adopted on April 6, 2015, is hereby amended, reaffirmed, and readopted to reflect City Council's authorization to execute a Support Agreement, substantially similar to the Support Agreement attached to the City Attorney Report dated April 20, 2015. 8. This resolution shall take effect immediately upon its adoption. APPROVED ATTEST: Stephanie M. Moon Rey s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of April, 2015. No. 40212-042015. AN ORDINANCE to appropriate funding from the Commonwealth 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. 433 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 Prof Other Prof Services Prof Purchased Services Travel Mileage Travel Subsistence & Lodging Material Educational Supplies Other Charges General Teachers Teachers Teachers Revenues State Grant Receipts Local Match Grant State Grant Receipts 302 -110 - 0000 -0000 -376J -61400 -43313 -3 -00 $ 11,368.00 55,015.00 302 -110 - 0000 -0000 -376J -61400 -43381 -3 -00 6,879.00 -00000 -72000-0-00 302 -110 - 0000 -0000 -376J -61400 -45551 -3 -00 202.00 302 -110 - 0000 -0000 -376J -61400 -45553 -3 -00 2,336.00 -00 302 -110 - 0000 -0000 -376J -61400 -46614 -3 -00 29,186.00 302 -110 - 0000 -0000 -376J- 61400 - 45550 -3 -00 5,745.00 302 - 110 - 1060 - 0050 -332J- 61100 - 41121 -0 -06 15,002.00 302 -110 - 1060 -0420 -332J -61100 -41121 -0 -06 15,000.00 302 -110- 1060 - 0350 -332J- 61100 - 41121 -0 -06 15,000.00 302 -000 -0000 -0000 -376J - 00000 -32400 -0 00 55,015.00 302 -000- LMAT-0000-376J -00000 -72000-0-00 701.00 302 -000 -0000 -0000 -332J -00000 - 32421 -0 -00 45,002.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: APPROVED Stephanie M. olds MM \��.✓ David A. Bowers City Clerk Mayor 434 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of April, 2015. No. 40213- 042015. AN ORDINANCE authorizing the proper City officials to execute a special warranty deed (Deed) to grant to the Commonwealth of Virginia (Commonwealth) and sell to the Commonwealth certain interests and rights in portions of City owned real properties situated at 0 Southside Rte. 581, N. W., Roanoke, Virginia, which real property is designated as Official Tax Map No. 2360102; 0 Court Street, N. W., Roanoke, Virginia, which property is designated as Official Tax Map No. 2240104; and 2020 Oakland Boulevard, N. W., Roanoke, Virginia, which real property is designated as Official Tax Map No. 2250102; (collectively, the Premises); authorizing the City Manager to execute the Deed to convey to the Commonwealth (i) a permanent drainage easement of approximately 6,953 square feet of land, more or less, on a portion of property designated as Official Tax Map No. 2360102; (ii) a fee interest in approximately 36,934 square feet of land, more or less, and being a portion of property designated as Official Tax Map No. 2240104; (iii) a permanent drainage easement of approximately 36,393 square feet of land, more or less, on a portion of property designated as Official Tax Map No. 2240104; (iv) a temporary construction easement of approximately 31,372 square feet of land, more or less, on portions of property designated as Official Tax Map No. 2240104; (v) a fee interest in approximately 8,467 square feet of land, more or less, and being a portion of property designated as Official Tax Map No. 2250102; (vi) a permanent drainage easement of approximately 19,051 square feet of land, more or less, on a portion of property designated as Official Tax Map No. 2250102; and (vii) a temporary construction easement of approximately 2,785 square feet of land, more or less, on portions of property designated as Official Tax Map No. 2250102 (collectively, the Rights, Interests, and Easements); authorizing the sale of the Rights, Interests, and Easements to the Commonwealth for the sum of $82,250.00; authorizing the City Manager to execute such further documents and take such further actions as may be necessary to accomplish the above matters; providing for an effective date; and dispensing with the second reading by title of this Ordinance. WHEREAS, the Commonwealth of Virginia Department of Transportation (VDOT) has commenced construction of highway improvements in connection with Interstate 581 /Valley View Boulevard Interchange within the City (Project); WHEREAS, the Commonwealth requires certain rights and interests in City owned properties identified as the Premises in connection with the Project being constructed by VDOT; 435 WHEREAS, the Commonwealth has proposed acquisition of the Rights, Interests, and Easements, from the City for the sum of $82,250.00; WHEREAS, the Council, after proper advertisement, held a public hearing on the above matter on April 20, 2015, pursuant to Sections 15.2 -1800 and 15.2 -1813, Code of Virginia (1950), as amended, at which public hearing all parties and interested entities were afforded the opportunity to be heard on the above matter; and WHEREAS, after closing the public hearing, Council believes that the sale of the Rights, Interests, and Easements will benefit the City and its citizens. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council approves the Deed as set forth in the City Council Agenda Report dated April 20, 2015, which deed conveys to the Commonwealth the Rights, Interests and Easements in portions of the Premises for the sum of $82,250.00. City Council further finds that the sale of the Rights, Interests and Easements as set forth in the City Council Agenda Report dated April 20, 2015, will be of economic benefit to the City and its citizens. 2. The City Manager is hereby authorized on behalf of the City to execute, deliver, and perform the Deed, and sell, convey and transfer the Rights, Interests, and Easements in portions of the Premises as described in the City Council Agenda Report dated April 20, 2015, to the Commonwealth. The Deed is to be substantially similar to the document attached to the City Council Agenda Report dated April 20, 2015, and approved as to form by the City Attorney. The purchase price to be paid to the City is $82,250.00, of which $38,500.00 shall be transferred to Roanoke City Public Schools with respect to the portion of the price attributable to the property designated as Official Tax Map No. 2250102 at which Round Hill School is constructed and is operated. 3. The City Manager is further authorized to negotiate, execute, deliver, and implement such further documents and agreements and take such further actions as may be necessary to implement, administer, and enforce the option, and negotiate, execute, deliver, and implement any other agreements or documents related to this matter. The form of all such other documents is to be approved as to form by the City Attorney. 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading by title of this Ordinance is hereby dispensed with. 436 5. This Ordinance is effective as of the date of its passage. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of April, 2015. No. 40214- 042015. AN ORDINANCE to appropriate funding from the sale of property rights to the Round Hill — Phase III project and to the Economic and Community Development Reserve, amending and reordaining certain sections of the 2014 - 2015 Capital Projects and School Capital 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 School Capital Projects Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Revenue Sale of Property Rights Appropriations Appropriated from General Revenue Revenue Sale of Property Rights 08- 110 - 1234 -1075 $ 43,750.00 31 -065- 6059 -9003 38,500.00 31- 110 - 1234 -1075 38,500.00 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 a Stephanie M. Moon Reynol s, MMC David A. Bowers City Clerk Mayor 437 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of April, 2015, No. 40215-042015. AN ORDINANCE authorizing the City Manager to execute a lease agreement with Magic Star Auto Sales, Inc., for the lease of an approximately 0.858 acre of City - owned property located at 2839 Peters Creek Road, N. W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6410104; and dispensing with the second reading of this ordinance by title. WHEREAS, a public hearing was held on April 20, 2015, 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. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized, to execute, in a form approved by the City Attorney, a lease agreement with Magic Star Auto Sales, Inc., to lease an approximately 0.858 acre of City -owned property located at the 2839 Peters Creek Road, N. W., Roanoke, Virginia, designated as Roanoke City Official Tax Map No. 6410104, to be used by Magic Star Auto Sales, Inc., to operate an automobile dealership business, for an initial term of one year, commencing May 1, 2015, at a monthly rental of $1,300.00, with the option for the term of the lease to be extended up to four additional one year renewal terms upon the mutual agreement of the parties, each renewal term being subject to an increase of the rent at the rate of three (3) percent over the previous term, upon certain terms and conditions, and as more particularly described in the City Council Agenda Report dated April 20, 2015. 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 Hold MMC -✓ David A. Bowers City Clerk Mayor B1001 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4'" day of May, 2015. No. 40216-050415. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Franklin Road over NSRW — Bridge Replacement 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, fee simple interests, and such other real property interests as needed, as set forth in the City Council Agenda Report dated May 4, 2015, for the Project, for the reconstruction of the Franklin Road Bridge. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report dated May 4, 2015, and any other real property parcels needed for the Project for such consideration as the City Manager may deem appropriate, subject to an acceptable title and environmental report. 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. 439 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 Moynolds, M� v David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 41" day of May, 2015. No. 40217-050415. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the West End Target Area 13" Street Improvement 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 permanent easements of variable length and width, and such other real property interests as needed to install a new signalized intersection at 13" Street, S. W. and Campbell Avenue, S. W., Roanoke, Virginia, as set forth in the City Council Agenda Report dated May 4, 2015, for the Project. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council Agenda Report dated May 4, 2015, and any other real property parcels needed for the Project for such consideration as the City Manager may deem appropriate, subject to an acceptable title and environmental report. 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 anyoffer 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, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4th day of May, 2015. No. 40218-050415. AN ORDINANCE allowing certain encroachments requested by Tazewell Development, LLC ( "Tazewell "), a Virginia limited liability company, the owner of a parcel of real estate located at 206 Williamson Road, S. E., Roanoke, Virginia, known as Official Tax Map No. 4013803 ( "Property "), for the placement of piles, concrete pile caps, and concrete grade beams, into and underneath portions of the public right of way located along Williamson Road, S. E. and adjacent to the Property, which portions, in the aggregate, encompass approximately 252 square feet of the public right of way, for portions of the foundation system of a building to be constructed on the Property in connection with the development of the Property, subject to revocation by the City and upon certain terms and conditions; and dispensing with the second reading of this ordinance by title. 441 BE IT ORDAINED by the Council of the City of Roanoke that- 1 . Authorization is hereby granted by the City of Roanoke ( "City ") to Tazewell to allow the placement and encroachment by Tazewell of piles, concrete pile caps, and concrete grade beams (the "Foundation Support Structures') into and underneath certain portions of the public right of way adjacent to the Property, along Williamson Road, S. E., the area of these encroachments is, in the aggregate, approximately 252 square feet within the public right of way, for portions of the Foundation Support Structures for the foundation system of a building to be constructed on the Property, as more particularly set forth and described in the City Council Agenda Report dated May 4, 2015. The encroachments are further identified and described as follows: a. An encroachment of the Foundation Support Structures within a rectangular area of 96 square feet (12' x 8'), located adjacent to the westerly side of the Property, and a distance not to exceed eight and one half feet (81/2') into, and approximately, sixteen feet (16') underneath, the public right of way adjacent to Williamson Road, S. E., as more particularly depicted, bounded, and described as Foundation Area A on the plat entitled "Williamson and Tazewell, 206 Williamson Road, S. E., Encroachment Exhibit," consisting of Sheet No. EX -A (dated April 24, 2015) and Sheet No. EX -B (dated April 27, 2015), prepared by Balzer and Associates, a copy of which is attached to the City Council Agenda Report dated May 4, 2015 (the "Plat "), which Plat is incorporated herein by reference. b. An encroachment of the Foundation Support Structures within a rectangular area of 90 square feet (12' x 7.5'), located adjacent to the westerly side of the Property, and a distance not to exceed seven and one half feet (7%) into, and approximately sixteen feet (16) underneath, the public right of way adjacent to Williamson Road, S. E., as more particularly, depicted, bounded, and described as Foundation Area B on the Plat. c. An encroachment of the Foundation Support Structures within a rectangular area of 66 square feet (11' x 6'), located adjacent to the westerly side of the Property, and a distance not to exceed six feet (6') into, and approximately sixteen feet (16') underneath, the public right of way adjacent to Williamson Road, S. E., as more particularly, depicted, bounded, and described as Foundation Area C on the Plat. Tazewell shall record a copy of the Plat in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, together with a fully executed copy of this Ordinance. I . A 2. Tazewell agrees that it shall construct, repair, maintain, and replace, or remove if necessary, the Foundation Support Structures in a good and workmanlike manner. Tazewell and its grantees, assignees, and successors in interest agree to indemnify and save harmless the City, 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, directly or indirectly, by reason of the above - described encroachments and the construction, repair, replacement, maintenance, or removal of the Foundation Support Structures. Tazewell agrees that the authorizations for such encroachments are revocable at any time by the City, in whole or in part, in the sole discretion of the City, and that such encroachments and Foundation Support Structures shall be removed from the public right of way at any time, upon written demand of the City, and that such placement and removal of the encroachments consisting of the Foundation Support Structures, in whole or in part, shall be at the sole cost and expense of Tazewell. Tazewell agrees that it shall repair, restore, and replace any damage to the public right of way, including, but not limited to, all pavement, sidewalks, and public improvements„ caused by the placement and removal of the encroachments, at Tazewell's sole cost and expense, including and not limited to, any damage to the sidewalk caused in any manner by the lack of structural support due to the foundation system underneath the public right of way. Tazewell shall be solely responsible for all costs and expenses related to the removal, relocation, maintenance, reconstruction, or repair of any buildings or improvements constructed on the Property that may be required or deemed necessary as a result of the revocation of the encroachments permitted herein, in whole ^* or in part. 3. Tazewell specifically acknowledges and agrees that the encroachments permitted herein are revocable, in whole or in part, at one time or at any time, by the City in its sole discretion, and the City's rights to revoke each, any, or all of the encroachments are independent and separate from any provision in the deed conveying the Property from the City to Tazewell, dated April 13, 2015, on record in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, as Instrument No. 150003245 ( "Deed "). No rights of Tazewell granted pursuant to the Deed, nor any limitations of the rights of the City reserved in the Deed, shall limit, impair, or otherwise affect, in any manner, the City's rights to revoke each, all, or any of the encroachments granted to Tazewell pursuant to this Ordinance. 4. Tazewell, its grantees, assignees 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. Tazewell shall immediately notify in writing the City of any changes, modifications, and /or termination of any insurance coverages and /or policies required by this permit. 443 5. The City Clerk shall transmit an attested copy of this Ordinance to Tazewell Development, LLC, at c/o Lucas Thornton, Manager, 631 Campbell Avenue, S.E. Suite 1, Roanoke, VA 24016. 6. This Ordinance shall be in full force and effect at such time as a copy of this Ordinance, together with the Plat described above, duly signed, sealed, and acknowledged by Tazewell, have been admitted to record, at the cost of Tazewell, in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, and shall remain in effect, unless otherwise revoked by the City, 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 for the City of Roanoke. In the event this Ordinance is not signed by Tazewell and recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, together with the Plat, on or before June 15, 2015, this Ordinance shall terminate and be of no further force and effect. 7. Tazewell shall not enter into Foundation Area A, Foundation Area B, or Foundation Area C, with persons, equipment, vehicles, or materials, or commence any construction activities within the areas of the encroachments, unless and until (i) a copy of this Ordinance, together with the Plat, are recorded in the Clerk's Office of the Circuit Court of the City of Roanoke, Virginia, in accordance with this Ordinance; and (ii) Tazewell satisfies the insurance requirements of this Ordinance. 8. Time is of the essence with respect to this Ordinance. 9. The terms, conditions, and obligations contained in this permit shall run with the land, and are made expressly binding on Tazewell's grantees, assignees, and successors in interest. 10. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. The undersigned, Tazewell Development, LLC, a Virginia limited liability company, acknowledges that it has read and understands the terms and conditions stated above and agrees to comply with those terms and conditions. TAZEWELL DEVELOPMENT, LLC, a Virginia limited liability company, By: Name:Lucas Thornton 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 May, 2015, by Lucas Thornton, as Manager of Tazewell Development, LLC, a Virginia limited liability company, for and on behalf of such company. My Commission Notary Public Registration APPROVED ATTEST: Stephanie M. Moon Reynolds, MM City Clerk Davi A. Bowers Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 4" day of May, 2015. No. 40219- 050415. A RESOLUTION amending the salaries of the City Clerk, Stephanie Moon Reynolds and the Municipal Auditor, Troy Andrew Harmon. WHEREAS, the City Council elected and appointed Stephanie Moon Reynolds to a two (2) year term as City Clerk on September 2, 2014, pursuant to the Roanoke Charter of 1952 (City Charter), which term commenced October 1, 2014; WHEREAS, the City Council elected and appointed Troy Andrew Harmon to a two (2) year term as Municipal Auditor on September 2, 2014, pursuant to the Roanoke Charter of 1952 (City Charter), which term commenced October 1, 2014; and 445 WHEREAS, the personnel committee has recommended that the City Council increase the salary of the City Clerk by $3,000.00 and increase the salary of the Municipal Auditor by $10,000.00. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby increases the salary of the City Clerk, Stephanie Moon Reynolds, by $3,000.00 to an annual salary of $90,967.30 ($3,498.74 biweekly) retroactive to July 1, 2014, to compensate Ms. Moon Reynolds for the cost of her disability insurance. 2. City Council hereby increases the salary of the Municipal Auditor, Troy Andrew Harmon, by $10,000.00 to an annual salary of $105,471.99 ($4,056.62 biweekly) retroactive to April 6, 2015, to compensate Mr. Harmon at a salary competitive with other municipal auditors in Virginia. 3. All other terms and conditions of the employment of the City Clerk and the Municipal Auditor not specifically amended by this resolution shall remain in full force and effect. APPROVED ATTEST: Stephanie M. Moon eynolds, MMC Da A. owers City Clerk Mayor DUE TO DUPLICATION OF RESOLUTION NO. 40219, WHICH WAS PREVIOUSLY ASSIGNED ON MAY 4, 2015, THE FOLLOWING RESOLUTION WAS ASSIGNED NO. 40249- 051115: M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11`" day of May, 2015. No. 40249-051115. A RESOLUTION providing for an amendment of the fees charged at the City owned and /or controlled parking facilities, namely: Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsbom Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot; authorizing the City Manager to modify, waive, or reduce such parking fees under certain conditions; providing for assessment of certain fees for late payment or nonpayment of such parking fees; establishing an effective date; authorizing the City Manager to issue guidelines to implement, administer, and enforce such fees, and directing amendment of the Fee Compendium. WHEREAS, the Williamson Lot was sold on April 13, 2015, to Tazewell Development, LLC, as authorized by Ordinance No. 40112 - 111714, adopted on November 17, 2014, and is no longer owned by the City of Roanoke. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The current parking fees for the Campbell Garage as set out below shall be amended in accordance with the following new fee schedule: Campbell Garage Fee Schedule CURRENT FEE NEW FEE Monthly unreserved $35 /mo $40 1mo Short term weekdays 8amto4pm Per .5 hr $1.00 $1.00 Daily Maximum $6.00 after 2.5 hours $8.00 (after 3.5 hours Short term weeknights $2.00 flat rate $3.00 4pmto9 pm Saturday FREE Sunday FREE Daily Early Bird Special for Enter before 9 am, as shown by the ticket for that day, and weekdays the parker pays the lesser of the regular parking fees or $3.00 for that day. Monthly Residential $8.75 /mo I $20.00 1mo 447 2. The current parking fees for the Center in the Square Garage shall be amended in accordance with the following new fee schedule: Center in the Square Garage Fee Schedule 3. The current parking fees for the Church Avenue Garage shall be amended in accordance with the following new fee schedule: Church Avenue Garage Fee Schedule CURRENT FEE NEW FEE Monthly reserved $90 /mo $105 /m0 Monthl unreserved $70 1mo $85/mo Short term weekdays 8amto4pm $1.00 $1.00 Per.5 hr $1.00 $1.00 Dail Maximum $6.00 after 2.5 hours $8.00 after 3.5 hours) Short term Monday — $3.00 flat rate $4.00 flat rate Thursday 4 pm to 9 pm $3.00 flat rate $4.00 flat rate Short term Friday 4 pm FREE FREE to 12 am (midnight) FREE FREE Saturday (except 4 pm FREE FREE to 12 am- midnight ) Short term Saturday $3.00 flat rate $4.00 flat rate 4pmto12am (midnight) Sunda FREE FREE Monthly Residential $17.50/mo $20.00 1mo 3. The current parking fees for the Church Avenue Garage shall be amended in accordance with the following new fee schedule: Church Avenue Garage Fee Schedule CURRENT FEE NEW FEE Monthl unreserved $65 /mo $70 1mo Short term weekdays 8 am to 4 pm $1.00 $1.00 Per .5 hr $6.00 (after 2.5 hours) $8.00 (after 3.5 hours) Dail Maximum Short term $2.00 flat rate $3.00 flat rate weeknights 4 pm to9 pm Saturday FREE FREE Sunday FREE FREE Monthly Residential $16.25/mo $20 1mo 4. The current parking fees for the Elmwood Park Garage shall be amended . . in accordance with the following new fee schedule: Elmwood Park Garage Fee Schedule 5. The current parking fees for the Gainsboro Garage shall be amended in accordance with the following new fee schedule: Gainsboro Garage Fee Schedule CURRENTFEE NEW FEE Monthly unreserved $65 /mo $70 1mo Short term weekdays _ _ _ 8amto5pm $22.50/mo $22.50/mo Per .5 hr $1.00 $1.00 Daily Maximum $6.00 after 2.5 hours $8.00 (after 3.5 hours Enter Monday- Friday FREE FREE after 5 pm $.50 $.50 Saturday FREE FREE Sunday FREE FREE Monthly Residential $2.00 flat rate $16.25/mo _ $20 1mo 5. The current parking fees for the Gainsboro Garage shall be amended in accordance with the following new fee schedule: Gainsboro Garage Fee Schedule CURRENTFEE NEW FEE Monthly $45 /mo $45 /mo unreserved Monthly student $22.50/mo $22.50/mo unreserved Short term weekdays 8 am to 4 pm $.50 $.50 Per .5 hr $5.00 (after 4.5 hours) $6.00 (after 5.5 hours) Daily Maximum Short term $2.00 flat rate $3.00 flat rate weeknights Note: A $1 discount off of the Note: A $1 discount off of 4 pm to 9 pm evening rate will be made the evening rate will be available for Roanoke Higher made available for Roanoke Education Center students with Higher Education Center appropriate student students with appropriate documentation when presented to student documentation when the attendant on duty. presented to the attendant on duty. Saturday FREE FREE Sunday FREE FREE Monthly $11.251mo $20 /mo Residential 449 6. The current parking fees for the Market Garage shall be amended in accordance with the following new fee schedule: Market Garage Fee Schedule 7. The current parking fees for the Tower Garage shall be amended in accordance with the following new fee schedule: Tower Garage Fee Schedule CURRENT FEE NEW FEE Monthly reserved $85 /mo $90/mo Monthly unreserved $65 /mo $70/mo _._ (effective January 1, 2016) Short term weekdays 8amto4pm $1.00 Per .5 hr $1.00 $1.00 Daily Maximum $6.00 after 2.5 hours) $8.00 (after 3.5 hours Short term $2.00 flat rate $3.00 flat rate weeknights ---49 m FREE FREE Saturday (except 4 FREE FREE pm to 9 pm) $2.00 flat rate $3.00 flat rate Short term Saturday $2.00 flat rate $3.00 flat rate 4 pm to9pm FREE FREE Sunday FREE FREE Monthly Residential $16.25/mo $201mo 7. The current parking fees for the Tower Garage shall be amended in accordance with the following new fee schedule: Tower Garage Fee Schedule FEE NEW FEE Monthly reserved $90 1mo Monthl unreserved $701mo Short term weekdays F 8amto4pm Per .5 hr $1.00 Dail Maximum hours) $8.00 (after 3.5 hours) Short term $2.00 flat rate $3.00 flat rate weeknights 4pmto9pm Saturday (except 4 FREE FREE pmto9pm Short term Saturday $2.00 flat rate $3.00 flat rate 4 pm to9 prn Sunda FREE FREE Monthly Residential $16.25/mo $201mo 450 8. The current parking fees for the Elmwood Lot shall be amended in accordance with the following new fee schedule: Elmwood Lot Fee Schedule 9. The current parking fees for the Higher Ed Center Lot shall be amended in accordance with the following new fee schedule: Higher Ed Center Lot Fee Schedule CURRENTFEE NEW FEE Monthly unreserved $50 /mo $55 /mo Short term weekdays _ $22.50/mo 8amto5pm Per .5 hr $1.00 $1.00 Daily Maximum $6.00 after 2.5 hours $8.00 after 3.5 hours Enter Monday- Friday FREE FREE After 5 pm $5.00 (after 4.5 hours ) $6.00 after 5.5 hours) Saturday FREE FREE Sunday FREE FREE Monthly Residential FREE $12.50/mo $20 1mo 9. The current parking fees for the Higher Ed Center Lot shall be amended in accordance with the following new fee schedule: Higher Ed Center Lot Fee Schedule 10. The current parking fees for the Market Lot shall be amended in accordance with the following new fee schedule: CURRENTFEE NEW FEE Monthly unreserved $45 /mo $45 /mo Monthly student $22.50/mo $22.50/mo unreserved Short term weekdays 8amto4pm Per .5 hr $.50 $.50 Daily Maximum $5.00 (after 4.5 hours ) $6.00 after 5.5 hours) Short term weeknights $2.00 flat rate $3.00 flat rate 4 mto9pm Saturda FREE FREE Sunda FREE FREE Monthly Residential $11.25/mo $201mo 10. The current parking fees for the Market Lot shall be amended in accordance with the following new fee schedule: 451 Market Lot Fee Schedule 11. The current parking fees for the Warehouse Row Lot shall be amended in accordance with the following new fee schedule: Warehouse Row Lot Fee Schedule CURRENT FEE NEW FEE Monthly unreserved $70 /m_o__ $751mo Short term weekdays _ _ 8amto4 pm Per .5 hr $1.00 $1.00 Daily Maximum $6.00 after 2.5 hours _ $8.00 after 3.5 hours) Short term weeknights $2.00 flat rate $3.00 flat rate 4 pm to9 pm _ Saturday (except 4 pm to 9 FREE FREE pm) FREE FREE Short term Saturday $2.00 flat rate $3.00 flat rate 4pmto9pm Sunday FREE FREE Monthly Residential $17.50/mo $20 /mo 11. The current parking fees for the Warehouse Row Lot shall be amended in accordance with the following new fee schedule: Warehouse Row Lot Fee Schedule 12. The parking fees set forth herein will not be applicable to parking agreements that provide for a specific parking fee or other method of payment for a specified period of time unless otherwise provided for in such agreements or until such agreements expire or are terminated. Nor will such parking fees be applicable to City parking programs except as set forth in such programs. CURRENTFEE NEW FEE Month] served $60 /mo $65 1mo ekdays pm r $1.00 $1.00 um $6.00 after 2.5 hours $8.00 (after 3.5 hours) - Friday FREE FREE aer pm Saturday FREE FREE Sunday FREE FREE Monthly Residential $15.00/mo $20 1mo 12. The parking fees set forth herein will not be applicable to parking agreements that provide for a specific parking fee or other method of payment for a specified period of time unless otherwise provided for in such agreements or until such agreements expire or are terminated. Nor will such parking fees be applicable to City parking programs except as set forth in such programs. 452 13. The above mentioned New Fee Schedules for the indicated parking facilities, charges, and related matters will be effective July 1, 2015, except for the monthly reserved /unreserved fee for Market Garage, which will be effective January 1, 2016. 14, The City Manager is hereby authorized to issue such guidelines as the City Manager deems appropriate in order to implement, administer, and enforce the fees and matters provided for in this Resolution, including the establishment of eligibility requirements for obtaining a monthly Residential Parking Permit. 15. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412 - 032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fees to be charged at Campbell Garage, Center in the Square Garage, Church Avenue Garage, Elmwood Park Garage, Gainsboro Garage, Market Garage, Tower Garage, Elmwood Lot, Higher Ed Center Lot, Market Lot, and Warehouse Row Lot APPROVED ATTEST: Stephanie Moon Reynolds, MIG1C 'S) Davvi ower6 s City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 P day of May, 2015. No. 40220 - 051115. A RESOLUTION amending certain fees as set out below to be charged for after hour use of the community rooms at certain branches of the Roanoke Public Libraries; providing for an effective date; and directing amendment of the Fee Compendium. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The fees for after hour use of the community rooms at the Jackson Park Branch, Gainsboro Branch, and Raleigh Court Branch of the Roanoke Public Libraries will be $50 per hour. Neighborhood organizations shall be exempt from this fee. 453 2. For purposes of this exemption, "neighborhood organizations" shall be defined as those nonprofit organizations that are organized and formed for the purpose of promoting the public awareness, interests and advancement of a specific geographic area located within the City of Roanoke, and are recognized by the City of Roanoke as constituting a neighborhood organization. 3. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, shall be amended to reflect the new fee to be charged by the Roanoke Public Libraries for the use of such community rooms, under the heading of Library. 4. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 5. The fees established by this Resolution shall remain in effect until amended by this Council. 6. This Resolution shall be in full force and effect on and after July 1, 2015. APPROVED ATTEST: ,1. i1 �UAn Stephanie M. Moon Reynolds, MIMIC DaA owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11`" day of May, 2015. No. 40221-051115. A RESOLUTION establishing certain fees for the Main Library Reading Porch; directing amendment of the Fee Compendium; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The fee compendium of the City of Roanoke, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, shall be amended to include the following new fees under the heading of Library. 454 The fee due to the City for use of the Main Library Reading Porch shall be as follows: 50.00 per hour 100.00 per hou Use in conjunction with Elmwood Park Daytime event $25u.00 flat tee 8:00 a.m. to 5:00 .m. Use in conjunction with Elmwood Park Evening event $250.00 flat fee (after 5:00 p.m. — end of event or 11:00 p.m.) Use in conjunction with Elmwood Park All Day event $400.00 flat fee (8:00 a.m. - 11:00 p.m.) 2. Resolution No. 32412- 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution 3. This Resolution shall be in full force and effect on and after July 1, 2015. APPROVED ATTEST: Stephanie M. Mooneynolds, MMC D—avid A. Bowes ers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11'" day of May, 2015. No. 40222-051115. A RESOLUTION establishing certain fees for sending and receiving facsimiles at the Roanoke Public Libraries; directing amendment of the Fee Compendium; and providing for an effective date. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The fee due to the City for sending and /or receiving faxes at the City's libraries shall be as follows: Sending a Fax - $3.00 for the 15` page; $1.00 per each additional page. Receiving a Fax - $1.00 per page; $1.00 per each additional page. 455 2. The Fee Compendium of the City of Roanoke, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, shall be amended to include the foregoing new fee under the heading of Library. 3. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 4. The fees established by this Resolution shall remain in effect until amended by this Council. 5. This Resolution shall be in full force and effect on and after July 1, 2015. APPROVED ATTEST, I'll o t j'Yjp l ��Jw'� Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 " day of May, 2015. No. 40223- 051115. A RESOLUTION updating and providing for adjustment of fees charged by the Roanoke Public Libraries for damaged or lost library materials, as set out below; directing amendment of the Fee Compendium; and establishing an effective date. WHEREAS, by Resolution No. 38800- 051010, adopted on May 10, 2010, City Council established certain charges to be charged at all City libraries and amended the Fee Compendium to reflect such revised fees, effective July 1, 2010; and WHEREAS, the types of media at the libraries have changed since the previous amendments were made to the Fee Compendium, some of the fees are now obsolete or products no longer exist. 456 BE IT RESOLVED by the Council of the City of Roanoke that: 1. The Fee Compendium of the City of Roanoke, maintained by the Director of Finance and authorized and approved by the City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, shall be amended to include the following fees under the heading of Library: Fines Books rint and audio) _ Maximum Hot Picks _ _ __ $1 .00 erda $5.00 _ _ Other Adult Books _ $0.20 per day $5.00 Juvenile Books $0.20 per day $1.00 Video (e.g. DVD $1.00 per da $5.00 Audio (e.g. CD $1.00 per day _ $5.00 _ Video games $1.00 per da $5.00 Periodicals _ Comic books $0.20 per day $1.00 Magazines $0.10 per day $1.00 Miscellaneous Charges Replace Libra Card $1.00 Lost or fully damaged item Cost of item + processing fee of $5.00 Lost or fully damaged paper back Cost of item + processing fee of $1.00 Damaged or Lost Audiobook Case $15.00 Damaged or Lost Disc- Audiobook $15.00 Damaged or Lost Case $5.00 2. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fees established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect on and after July 1, 2015. APPROVED ATTEST: AQQ}} 0-) Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor .y 457 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11" day of May, 2015, No. 40224-051115. AN ORDINANCE amending Section 20 -28, Tax imposed, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic, of the Code of the City of Roanoke (1979), as amended, to increase the vehicle license tax rate on certain motor vehicles, trailers, and semitrailers operating within the City of Roanoke, as authorized pursuant to Section 46.2 -752 of the Code of Virginia (1950) as amended, consistent with the rates and limits authorized by the laws of the Commonwealth of Virginia; 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 -28, Tax imposed, of Article II, Vehicle Licenses, of Chapter 20, Motor Vehicles and Traffic,of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Section. 20 -28. - Tax imposed. An annual license tax is hereby imposed on the motor vehicles, trailers and semitrailers listed below and operating within the city as follows: �(a) Twenty eight dollars ($28.0020,09) for each passenger vehicle and truck under ten thousand (10,000) pounds gross vehicle weight rating, taxicabs and @the vehicles kept IEGF ...�,�.^.; L��.` .. .....1...V with chauffeur for the - t(anspprtatieR of- pas^epgei.�wm'vh operate , or-should - epere£epure p&rn t --^- h, he ,tale eguked -may -law, and including motor homes, provided such passenger vehicle or motor home is not kept or used for rent or for hire, or is not operated under a lease without a chauffeur. (b) Thirty dollars ($30.00) for each a- private -- passenger vehicle or motor- homevehisle;- ,tr^'' ^r or semitra ;lcr oF ^^hams, pub! G ar prvrate, that has a gross vehicle weight rating of evef ten thousand (10,000) Pounds pounds or over gfe ° ° ^�: =.^ _' ^�! r�!: ^„ if such passenger vehicle or motor home ^hc'h GIP is not used for the transportation of passengers for compensation and is not kept or used for rent or for hire or is not operated under a lease without chauffeur. T#is-SabseGti0 -does not apply to vehicles , iqpd as semmen- carriers . • (c) Twenty ($20.00) dollars for taxicabs and other vehicles kept for rent or hire operated with a chauffeur for the transportation of passengers, which operate, or should operate pursuant to permits issued by the state corporation commission as required by law, if such vehicle weighs under 10,000 pounds gross vehicle weight rating. In the event such vehicle weighs 10,000 pounds gross vehicle weight rating or above, the tax will be twenty eight dollars ($28.00). This subsection does not apply to vehicles used as common carriers. (dc) Twenty dollars ($20.00) for each trailer or semitrailer designed for use as living quarters for human beings, which trailers shall include, but not be limited to, camping trailers. (ed) Fifteen dollars ($15.00) for a motorcycle, with or without a- swesara sidecar. (fe) Twenty dollars ($20.00) for a bus used exclusively for transportation to and from Sunday school or church, for the purpose of divine worship regardless of gross vehicle weight rating. (g) Twenty dollars ($20.00) for all school buses, regardless of gross vehicle weight rating. (hf) Thirty dollars ($30.00) for other passenger- carrying vehicles, trailers and semitrailers. This subsection does not apply to vehicles used as common carriers. (ig) The gross vehicle weight rating shall be used for computing all taxes required by this article to be based upon the weight of the vehicle. For purposes of this article, the term "gross vehicle weight rating" shall mean the manufacturer's maximum rated capacity of a vehicle, including the weight of the base vehicle, all added equipment, driver and passengers, and cargo. (jh) The applicant for a license bears the burden of proof that the vehicle for which the license is sought is entitled by weight, design and use to be licensed at the tax tendered by the applicant. (ki) The license taxes required by this Code to be paid for the operation of motor vehicles used for rent or hire shall not be required for the operation of any motor vehicle with a normal seating capacity of not more than twelve (12) adult persons including the driver (i) while used not for profit in transporting persons who, as a common ^ undertaking, bear or agree to bear all or a part of the actual costs of 459 such operation, or (ii) while used by a lessee renting or hiring such vehicle for a period of twelve (12) months or longer under a written lease or agreement; andter- the-purpose of this- sectien- agreement. Every other motor vehicle leased under a lease or agreement of 12 months or more every such motor vehicle- shall be treated as a private motor vehicle for which the annual license tax shall be as set forth in Section 20 -28(a) or (b) of this chapter as applicable. twentydollars_ 'ADO) (Ij) The license taxes to be paid by the owners of all motor vehicles not designed and used for the transportation of passengers shall be determined by reference to the gross vehicle weight rating of the vehicle or combination of vehicles of which it is a part, and according to the provisions of this article. The tax for a pickup or panel truck shall be twenty - dellarseight dollars ($280.00)) -if the gross vehicle weight rating is under -ten thousand (10,000) peuads pounds and thirty dollars ($30.00) if such vehicle is ten thousand pounds or moreer- -less. In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle constituting a part of such combination shall be taxed as a separate vehicle, but, for the purpose of determining the gross vehicle weight rating group into which any such vehicle falls, the combination of vehicles of which such vehicle constitutes a part shall be considered a unit, and the aggregate gross vehicle weight rating of the entire combination shall determine such gross vehicle weight group. The -Aax f^�r gem trailer �Anstit_tiRg a part of s-Gh comb nation shall be twenty dolars- even, 'f t,o, ^,'�• ^� ^� ,mss a gross vehicle we ght Fat Rg,..of-te^ Q-,OW PeURdS such fee shalF-be- thirty dollars ($30.08). (mk) The license tax to be paid by the owner of a one -wheel or two - wheel trailer of a cradle, flatbed or open pickup type which has a body width not greater than the width of the motor vehicle to which it is attached at any time of operation, which is pulled or towed by a passenger car or station wagon, or a pickup or panel truck having an actual gross vehicle weight rating not exceeding five thousand (5,000) pounds, and which is used for carrying property not exceeding one thousand five hundred (1,500) pounds at any one (1) time, and for all trailers designed exclusively to transport boats shall be six dollars and fifty cents ($6.50). In the event such trailer has an actual gross vehicle weight rating more than one thousand five hundred and one (1,5001) pounds and less than ten thousand (10,000) pounds, the license tax shall be twenty dollars ($20.00). Holt,t, The license tax shall be thirty dollars ($30.00) if the trailer has an actual gross vehicle weight rating of ten thousand (10,000) pounds and above. Nothing herein shall be construed as applying to the fees for trailers or semitrailers designed for use as living quarters for human beings, or to those trailers or semitrailers operated under lease or rental agreement, or operated for compensation. (nl) Notwithstanding the provisions above, upon receipt of an application on a form prescribed by the commissioner of revenue and receipt of written evidence from one (1) of the armed forces that an applicant for the annual motor vehicle license was a prisoner of war and was honorably discharged, if not currently a member of the armed forces, the annual motor vehicle license shall be issued with no tax being assessed. Issuance of such free license shall be limited to passenger vehicles and pickup or panel trucks as defined in § 46.2 -100, Code of Virginia. No individual shall be issued a free license under this subsection for more than one (1) vehicle. Any person who is not a person described in this subsection and who willfully and falsely represents himself or herself as having the qualifications to obtain the free annual license shall be guilty of a traffic infraction punishable by a fine of not more than one hundred dollars ($100.00). (om) Notwithstanding the provisions above, the motor vehicle license tax for an antique motor vehicle, as defined in and licensed pursuant to Title 46.2, Code of Virginia shall be a one -time tax of five dollars ($5.00). In order to qualify for such rate, owners of such vehicles must file an application therefor with the commissioner of revenue upon such forms as prescribed by the commissioner. Such license shall remain in effect for such period of time as the antique motor vehicle is titled in the name of the applicant. (pn) Notwithstanding the provisions above, there shall be no license tax for mopeds, autocycles, and vehicles with a gross weight exceeding ten thousand (10,000) pounds owned by museums officially designated by the Commonwealth. (q) No provisions under this section shall be construed as imposing a license tax or fee on any motor vehicle, trailer or semitrailer in excess of the amounts authorized by the laws of the Commonwealth of Virginia. B:T 2. Pursuant to §12 of the Roanoke City Charter the second reading of this ordinance by title is hereby dispensed with. 3. This ordinance shall be in full force and effect on and after January 1, 2016. APPROVED ATTEST: rn / 1 Stephanie M. Moon Reynolds, MINC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 111" day of May, 2015. No. 40225 - 051115. AN ORDINANCE amending Section 32 -284, Levy of tax: amount, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, to increase the tax rate on the tax on prepared food and beverage from the rate of five percent (5 %) to the rate of five and 1/2 percent (5.50 %) on the purchase of all food and beverages sold in the city in or from a restaurant, whether prepared in such restaurant or not, and whether consumed on the premises or not, as authorized by Section 58.1 -3840 of the Code of Virginia(1950), 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 32 -284, Levy of tax; amount, of Article XIV, Tax on Prepared Food and Beverage, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Section. 32 -284. - Levy of tax: amount. In addition to all other taxes and fees of any kind now or hereafter imposed by law, a tax is hereby levied and imposed on the purchaser of all food sold in the city in or from a restaurant, whether prepared in such restaurant or not and whether consumed on the premises or not, or by a caterer regardless of place of delivery or consumption. The rate of this tax 462 shall be five and 112 percent (5.50 %5) percent of the amount paid for such _ food. provided he eveF -that the - rate -- shall- ba- sevenr47)- percent ) the amount - {paid-- for-such- feod -for - the- peried -of - July - -I, 2010 antVdune -30, 2912 -at- which - -time the {ate will return to- five - -(5}- percent. In the computation of this tax, any fraction of one -half cent ($0.005) or more shall be treated as one cent ($0.01). 2. Pursuant to §12 of the Roanoke City Charter the second reading of this ordinance by title is hereby dispensed with. 3. This ordinance shall be in full force and effect on July 1, 2015. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 " day of May, 2015. No. 40226-051115. AN ORDINANCE amending Section 32 -16, Levied: Rate, of Division I, Generally, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, to increase the tax rate levied on real property and improvements from the rate of one dollar and nineteen cents ($1.19) on every one hundred dollars ($100.00) of the fair market value of such property, to a rate of one dollar and twenty two cents ($1.22) on every one hundred dollars ($100.00) of the fair market value of such property, and to increase the tax rate levied on buildings that qualify for the special rate for certain energy- efficient buildings pursuant to Division 9, Tax Rate for Certain Energy- Efficient Buildings, of Chapter 32, Taxation, of the Code of the City of Roanoke (1979) as amended, from the rate of one dollar and seven cents ($1.07) on every one hundred dollars ($100.00) of the fair market value of such buildings, to the rate of one dollar and ten cents ($1.10) on every one hundred dollars ($100.00) of the fair market value on such buildings; 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: I 463 1. Section 32 -16, Levied; Rate, of Division I, Generally, of Article II, Real Estate Taxes Generally, of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Section. 32 -16. - Levied: rate. Pursuant to section 2, subsection (1), Roanoke Charter of 1952, as amended, and pursuant to the provisions of the general law of the state, and in order to provide revenue for the operation and administration of the city government, the payment of principal and interest upon the city debt, the operation of the public schools, and for other municipal expenses and purposes, there is hereby imposed and levied, and there shall be collected, for the tax year commencing July 1, 2015, and for each tax year thereafter, a tax upon all real estate and improvements thereon not expressly exempt from taxation and not the property of a public service corporation, at the rate of one dollar and twenty two cents ($1.22 ) on every one hundred dollars ($100.00) of the fair market value of such property, and at the rate of one dollar and ten cents ($1.10) on every one hundred dollars ($100.00) of the fair market value of buildings that qualify for the special rate for certain energy- efficient buildings pursuant to Division 9, Tax Rate for Certain Energy - Efficient Buildings, of Chapter 32, Taxation, of this Code. 2. Pursuant to §12 of the Roanoke City Charter the second reading of this ordinance by title is hereby dispensed with. 3. This ordinance shall be in full force and effect on July 1, 2015. APPROVED ATTEST: yy� 'y� /J r %] �. ,•, - Stephanie M. Moon Reynlolds, C �J David A. Bowers City Clerk Mayor M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 11'h day of May 2015. No. 40227-051115. AN ORDINANCE adopting the annual General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics, Grant Funds, and State Asset Sharing Program Appropriations of the City of Roanoke for the fiscal year beginning July 1, 2015, and ending June 30, 2016; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. That all money that shall be paid into the City Treasury for the General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics and Grant Funds, and State Asset Sharing Program in the fiscal year beginning July 1, 2015, and ending June 30, 2016, shall constitute General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics, Grant Funds, and State Asset Sharing Program, and that as much of the same as may be necessary be, and the same is hereby appropriated to the following uses and purposes, to -wit: Revenues General Property Taxes $109,827,000.00 Other Local Taxes 78,120,000.00 Permits, Fees and Licenses 1,195,000.00 Fines and Forfeitures 1,284,000.00 Revenue from Use of Money and Property 206,000.00 Intergovernmental Revenue - State & Federal 69,791,000.00 Charges for Current Services 10,976,000.00 Miscellaneous 652,000.00 Total Revenues $272,051,000.00 Appropriations Treasurer Clerk of Circuit Court Juvenile and Domestic Relations Court Services Juvenile and Domestic Relations Court Clerk Magistrate General District Court Circuit Court Commissioner of the Revenue Sheriff Jail Commonwealth's Attorney Cost Collections Unit City Council Mayor Bowers Vice -Mayor Trinkle Council Member Lea Council Member Bestpitch Council Member Price Council Member Rosen Council Member Ferris City Attorney City Clerk Municipal Auditing Department of Finance Real Estate Valuation Board of Equalization $3,208,814.00 15,329,260.00 $1,808,872.00 91,088.00 $255,757.00 14,004.00 2,760.00 3,292.00 1,500.00 4,465.00 1,860.00 1,500.00 $2,717,182.00 1,207,219.00 11, 501.00 Residual Fringe Benefits Miscellaneous Transfers to School Fund Transfers to Greater Roanoke Transit Company Transfers to Debt Service Fund Transfer to Other Funds Funding for Reserves Electoral Board 465 $1,376,585.00 1,658,774.00 1,030,933.00 31,489.00 6,510.00 27,860.00 574,082.00 1,212,608.00 18,538,074.00 285,138.00 1,132,079.00 498,268.00 733,126.00 3,935,902.00 3,331,042.00 50,000.00 77,794,000.00 1,812,105.00 13,116,023.00 4,565,487.00 1,000,000.00 374,180.00 M Office of Communications 390,689.00 City Manager 904,160.00 Roanoke Arts Commission 269,220.00 Economic Development 1,612,307.00 Memberships and Affiliations 3,230,838.00 Personnel Lapse (2,258,633.00 Contingency 1,463,008.00 Department of Management and Budget 590,599.00 Human Resources $1,282,070.00 Employee Health Services 715,000.00 1,997,070.00 E911 Center $2,539,544.00 E911 Wireless 575,000.00 3,114,544.00 Director of General Services and Sustainability $237,359.00 Purchasing 501,368.00 738,727.00 Building Maintenance $4,970,989.00 Custodial Services 716,032.00 5,687,021.00 Fire Administration $729,804.00 Fire Support 1,172,702.00 Fire Operations 19,048,544.00 Emergency Management 125,633.00 21,076,683.00 Director of Public Works $174,558.00 Solid Waste Management 6,734,726.00 Transportation - Streets and Traffic 4,199,042.00 Transportation - Paving 3,658,679.00 Transportation - Snow Removal 218,033.00 Transportation - Street Lighting 1,133,989.00 Transportation - Engineering & Operations 2,018,893.00 Environmental Management 268,612.00 Engineering 1,419,340.00 19,825,872.00 Planning and Development $1,429,737.00 Building Inspections 971,620.00 Neighborhood Support 120,657.00 Neighborhood Services 1,382,760.00 3,904,774.00 :AMe A Parks $3,064,823.00 „ Parks & Recreation Administration 1,391,045.00 Recreation 1,744,243.00 Community Recreation 9,285.00 Park Programming 3,000.00 Outdoor Education 81,572.00 Sponsorships and Development 38,500.00 Athletics 72,680.00 6,405,148.00 Social Services 25,999,891.00 Youth Haven $640,195.00 Outreach Detention 281,814.00 922,009.00 Health Department 1,475,000.00 Mental Health 448,890.00 Human Services Committee 409,052.00 Comprehensive Services Act (CSA) 10,764,000.00 Police Administration $2,360,135.00 Police Investigation 2,930,603.00 - Police Patrol 14,038,330.00 Police Services 2,814,440.00 Police Training 631,717.00 Police Animal Control 1,334,205.00 24,109,430.00 Libraries $3,786,238.00 Law Library 127,971.00 Virginia Cooperative Extension 72,267.00 3,986,476.00 Total Appropriations $272,051,000.00 Stormwater Utility Fund Revenues Operating $3,741,985.00 Non - Operating $806,588.00 Total Revenues $4,548,573.00 M•: Appropriations Operating $4,548,573.00 Total Appropriations $4,548,573.00 Civic Facilities Fund Revenues Non - Operating $2,138,890.00 Total Revenues $2,138,890.00 Appropriations Operating Expenses $547,065.00 Debt Service 1,591,825.00 Total Appropriations $2,138,890.00 Parking Fund Revenues Operating $3,495,000.00 Total Revenues $3,495,000.00 Appropriations Campbell Garage $167,234.00 Market Garage 281,093.00 Elmwood Park Garage 179,213.00 Center in the Square Garage 225,815.00 Church Avenue Garage 291,956.00 Tower Garage 276,184.00 Gainsboro Garage 208,45.00 Market Lot 15,499.00 Elmwood Lot 22,468.00 Warehouse Row Lot 20,615.00 Higher Ed Center Lot 37,565.00 Operating 378,347.00 . We Debt Service 1,390,555.00 Total Appropriations $3,495,000.00 Department of Technology Fund Revenues Operating $6,777,425.00 Total Revenues $6,777,425.00 Appropriations Technology - Operating $4,700,483.00 Technology - Capital Outlay 950,000.00 Radio Technology - Operating 691,002.00 Radio Technology - Capital Outlay 435,940.00 Total Appropriations $6,777,425.00 Fleet Management Fund Revenues Operating $6,619,158.00 Non - Operating 100,000.00 Total Revenues $6,719,158.00 Appropriations Operating Expenses $3,948,021.00 Capital Outlay 2,771,137.00 Total Appropriations $6,719,158.00 Risk Management Fund Revenues Operating $15,756,089.00 Total Revenues $159756,089.00 470 Appropriations Risk Management Administration $1,163,185.00 Risk Management - Other Expenses 14,592,904.00 Total Appropriations $15,756,089.00 School General Fund Revenues $162,575,203.00 Appropriations $162,575,203.00 School Food Services Fund Revenues $7,152,836.00 Appropriations $7,152,836.00 School Athletics Fund Revenues $1,800,000.00 Appropriations $1,800,000.00 Grant Fund Revenues Total Revenues $266,776.00 Appropriations Regional Drug Prosecutor $55,375.00 Victim Witness 38,701.00 Virginia Juvenile Community Crime Control Act 127,380.00 Homeless Assistance Team 45,320.00 Total Appropriations $266,776.00 471 State Asset Sharing Program Revenues State Asset Forfeiture $45,000.00 Total Revenues $45,000.00 Appropriations Law Enforcement Expenditures $45,000.00 Total Appropriations $45,000.00 2. That all salaries and wages covered by the Pay Plan, paid from the appropriations herein, shall be paid in accordance with the provisions thereof; 3. That the Director of Finance be, and she is hereby authorized and directed to transfer between accounts such appropriations and wages for the labor force as may be necessary to cover cost of labor performed by one department for another. 4. That funding for all outstanding encumbrances, at June 30, 2015, are re- appropriated to the 2015 -16 fiscal year to the same department and account for which they are encumbered in the 2014 -15 fiscal year. 5. That this ordinance shall be known and cited as the 2015 -16 General, Stormwater Utility, Civic Facilities, Parking, Department of Technology, Fleet Management, Risk Management, School General, School Food Services, School Athletics, Grant Funds, and State Asset Sharing Program Appropriation Ordinance; and 6. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �� RaynIolds, IM�C+ Stephanie M. Moon � �DaviB o wers City Clerk Mayor 472 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 1" day of May 2015. No. 40228-051115. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by letter dated May 11, 2015. WHEREAS, by letter dated May 11, 2015, the City Manager has presented an update to the City's Five -Year Capital Improvement Program for Fiscal Years 2015 -2019 in the recommended amount totaling $156,130,568.00; WHEREAS, the Capital Improvement Program and the funding recommendation for projects is affordable and consistent with previous discussions by City Council and actions taken by City Council; and WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program; THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that this Council endorses and concurs in the recommendations of the City Manager for a certain update to the Five -year Capital Improvement Program for the City of Roanoke for Fiscal Years 2015 - 2019, and the related funding recommendations, as set out in the letter of the City Manager dated May 11, 2015. APPROVED ATTEST: Y)lvw�r� Stephanie M. Moon Rey olds, M � Davi ower�� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 "day of May, 2015. No. 40229-051115. AN ORDINANCE to appropriate funding for the FY 2016 -2020 Update to the Capital Improvement Program, amending and reordaining certain sections of the 2015 -2016 General, Capital Projects, and Risk Management Funds Appropriations, and dispensing with the second reading by title of this ordinance. 473 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 General, Capital Projects, and Risk Management Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: General Fund Appropriations Other Equipment 01- 260 - 1310 -9015 $ 430,571.00 Miscellaneous 01- 300 - 9410 -2170 190,425.00 Capital Projects Fund Appropriations Appropriated from General Revenue 08 -530- 9552 -9003 500,000.00 Contingency 08 -530- 9575 -9220 10,037.00 Appropriated from General Revenue 08- 300 - 9612 -9003 100,000.00 Appropriated from General Revenue 08- 300 - 9613 -9003 100,000.00 Appropriated from General Revenue 08- 610 - 9647 -9003 125,000.00 Appropriated from General Revenue 08 -530- 9802 -9003 165,000.00 Appropriated from General Revenue 08- 610 - 9929 -9003 32,200.00 Appropriated from General Revenue 08- 620 - 9757 -9003 100,000.00 Revenues Transfer from General Fund 08- 110 - 1234 -1037 1,132,237.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: On Stephanie M. M� R�Ids, MM rt^"''uf� Dwer City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 m day of May, 2015. No. 40230 - 051115. AN ORDINANCE to appropriate funding from the Economic and Community Development Reserve for the Enterprise Zone Projects, amending and reordaining certain sections of the 2015 - 2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 474 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08- 310 - 9736 -9003 $ 100,000.00 Fund Balance Economic and Community Development 08 -3365 (100,000.00) Reserve - Unappropriated Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynol s, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11 `h day of May, 2015, No. 40231-051115, A RESOLUTION approving the 2015 - 2019 Consolidated Plan and authorizing the City Manager, or the City Manager's designee, to submit the approved Consolidated Plan, and to execute and submit any necessary documents pertaining thereto, to the United States Department of Housing and Urban Development (HUD) for final review and approval; and authorizing the execution of all necessary documents pertaining to such Consolidated Plan. WHEREAS, in order to receive Community Development Block Grant (CDBG), HOME Investment Partnership (HOME), and Emergency Solutions Grant (ESG) funding, HUD requires that entitlement localities such as the City of Roanoke submit a 5 -year Consolidated Plan and Annual Updates; WHEREAS, the current 5 -Year Consolidated Plan for the City of Roanoke will expire on June 30, 2015; 475 WHEREAS, opportunities for community input regarding the 2015 - 2019 Consolidated Plan and the 2015 - 2016 Annual Plan were provided at public meetings held November 19, 2014, and April 20, 2015, and at a City Council public hearing on April 23, 2015, by a 30 -day public review and comment period beginning April 5, 2015, and ending May 4, 2015, by dissemination of information to the Roanoke Redevelopment and Housing Authority main offices, the City Clerk's office and HUD Community Resources Division for public inspection, by letters to a mailing list of interested individuals and organizations, including the Roanoke Neighborhood Advocates, and by publishing information in local print media and on the City's website; and WHEREAS, the 2015 - 2019 Consolidated Plan and the 2015 - 2016 Annual Plan must be approved by this Council and received by HUD on or about May 15, 2015, to ensure timely receipt of new entitlement funds. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 2015 - 2019 Consolidated Plan to HUD for review and approval, and to execute all necessary documents pertaining to such Consolidated Plan, such documents to be approved as to form by the City Attorney. 2. The City Manager, or the City Manager's designee, is hereby authorized, for and on behalf of the City, to submit the approved 2015 - 2016 Annual Plan to HUD for final review and approval, and to execute all necessary documents pertaining to such Annual Update, such documents to be approved as to form by the City Attorney. 3. The City Manager is authorized to execute such subgrant agreements and amendments as may be required pursuant to the Annual Plan, and as may otherwise exceed the City Manager's authority under Section 2 -124 of the Code of the City of Roanoke, as amended, such subgrant agreements or amendments to be within the limits of funds provided for in the Consolidated Plan and the Annual Plan and to be approved as to form and as to execution by the City Attorney, all as more particularly set forth in the City Manager's letter dated May 11, 2015, to this Council. APPROVED AµTTE�ST:�� Stephanie M. Moon Reynolds, MMCU City Clerk David A. Bowers Mayor 476 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA y The 111h day of May, 2015. No. 40232-051115. AN ORDINANCE to adopt and establish a Pay Plan for officers, employees and Constitutional Officers of the City effective July 1, 2015; providing for certain salary adjustments; authorizing various annual salary supplements for certain officers and employees; 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. Pursuant to §2 -69, Code of the City of Roanoke (1979), as amended, there is hereby adopted by the Council and made applicable to all classified officers and employees of the City on July 1, 2015, the Pay Plan hereinafter set out in its entirety, which shall read and provide as follows: Pay Grade Pursuan Minimum Salary Maximum Salary 4 $19,714.24 $31,542.94 5 $20,700.42 $33,120.36 6 $22,251.84 $35,603.36 7 $23,970.70 $38,353.12 8 $26,483.86 $42,374.28 9 $29,264.04 $46,822.88 10 032,339.32 $51,742.60 11 $34,617.18 $55,387.54 12 $38,597.78 $61,756.50 13 $43,037.54 $68,859.96 14 $47,985.60 $76,777.22 _ 15 $53,504.36 $85,607.08 16 $60,437.26 $96,699.98 17 $67,387.06 $107,819.66 18 $75,136.36 $120,218.80 19 $84,817.72 $135,708.04 20 $94,571.36 $151.314.02 2. Pursuant to §2 -68, Code of the City of Roanoke (1979), as amended, effective July 1, 2015, the City Manager shall promulgate and cause to be distributed among the officers and employees of the City a Classification Plan, consisting of a plan of classification assigning a pay grade and pay range in accordance with this Ordinance .� and class code to each position in the classified service of this City. 477 3. Performance increases of three percent (3 %) of the employees' current base salary may be awarded officers and employees according to their performance scores. Effective July 1, 2015, for officers and employees appointed or hired after July 1, 2014, performance increases shall be prorated based on the number of pay periods served pursuant to policies and procedures promulgated by the City Manager. If the three percent (3 %) increase to an employee's base salary provided in this paragraph would cause an officer or employee to exceed the maximum annual pay range applicable for such officer's or employee's position, such officer or employee shall receive a salary increase only in such amount as will not exceed the maximum pay range for such officer's or employee's position. The performance salary increase provided in this paragraph shall be computed to an officer's or employee's current base salary prior to the six percent (6 %) increase set forth in Paragraph No. 5 of this Ordinance. 4. If, after any applicable salary increases provided for in this Ordinance, any officer's or employee's salary is below the applicable minimum for his or her pay range, such officer's or employee's annual base salary shall be adjusted to the applicable minimum. 5. Employees hired before July 1, 2014 and who participate in the City's Retirement System under Chapter 22.3 of the City Code will receive a six percent (6 %) increase to their current base salary. This increase does not apply to participants of the Virginia Retirement System (VRS). Every officer or employee shall receive the full six percent (6 %) increase to an employee's base salary provided in this paragraph even if such salary increase causes such officer or employee to exceed the maximum pay range for that officer's or employee's position. 6. Participants of the City's Retirement System will be required to make a five percent (5 %) contribution from their base salary to the City's Retirement Plan. 7. Annual salary supplements payable on a bi- weekly basis are provided for the hereinafter set out job classifications which require the incumbent to privately own or lease a motor vehicle routinely used in the course of conducting City business as follows: POSITION TITLE ANNUAL SALARY SUPPLEMENT Appraiser 1 $ 2,000.00 Appraiser 11 $ 2,000.00 Assistant City Managers $ 2,000.00 (unless City Manager has assigned a City vehicle to the individual Assistant) City Attorney $ 2,500.00 City Clerk $ 2,500.00 City Manager $ 6,000.00 �1 Deputy Director of Real Estate Valuation $ 2,000.00 Director of Economic Development $ 2,000.00 Director of Finance $ 2,500.00 Director of Planning, Building and Development $ 2,000.00 Director of Real Estate Valuation $ 2,000.00 Municipal Auditor $ 2,500.00 Supervising Appraiser $ 2,000.00 Business License Inspector Auditor $ 1,250.00 If the requirement that any of the foregoing officers or employees own or lease a motor vehicle for routine use in the conduct of City business should be eliminated, then the salary supplement established by this Ordinance shall be terminated as of the date of elimination of such requirement. The City Manager is authorized, within the limits of funds appropriated therefore, to provide for similar salary supplements for other officers or employees. 8. In order to equitably compensate sworn police officers assigned duties in a non - uniform capacity and in lieu of provision by the Police Department of uniforms and accessories, each such officer shall be accorded an annual salary supplement of •-. $600, payable on a bi- weekly basis as a uniform allowance. 9. Each employee of the Fire - Emergency Medical Services Department hired by the City as a Firefighter prior to April 18, 1991, who has received Emergency Medical Technician certification and actively participates in the City's First Responder Program shall be accorded an annual salary supplement of $1,200, payable on a bi- weekly basis. 10. Each employee of the Fire - Emergency Medical Services Department who has been certified to either the Specialist or Technician level for the handling of hazardous materials and who is a member of the Regional Hazardous Materials Response Team shall be accorded an annual salary supplement of $1,200, payable on a bi- weekly basis. 11. Each employee of the Fire - Emergency Medical Services Department who has been certified and performs Fire Inspector duties as part of the Fire Prevention Program assigned by the Fire -EMS Chief shall be accorded an annual salary supplement of $1,500, payable on a bi- weekly basis. . • 12. Each employee of the Fire -EMS Department who has been certified and performs inspection and repair duties to the Department's "turn out" gear, Self - Contained Breathing Apparatus ( "SCBA ") and safety sensitive equipment as part of the Fire Maintenance Safety Program by the Fire -EMS Chief shall be accorded an annual salary supplement of $1,500, payable on a bi- weekly basis. 13. Each employee of the Fire -EMS Department who has been certified and is qualified for the Heavy and Tactical /Swiftwater Team and performs this assignment shall be accorded an annual salary supplement of $1,200, payable on a bi- weekly basis. 14. The City Manager is authorized to continue a police career enhancement program to provide pay incentives to police officers below the supervisory level. Such program may include consideration for training, formal education, experience, and specialized assignments. The annual pay supplement shall range from $1,125 to $5,018, payable on a bi- weekly basis. 15. The City Manager is authorized to continue a Community Policing Specialist program to provide pay incentives to police officers. Such program may include consideration for training and community participation. The annual pay supplement is two percent (2 %) of base salary, payable on a bi- weekly basis. 16. The City Manager is authorized to continue a merit pay program for Firefighter /Emergency Medical Technicians who attain an EMT -I or Paramedic certificate. The base salary increase shall be in the amount of $4,000, payable on a bi- weekly basis. If a qualified employee is receiving an EMT pay supplement, pursuant to the provisions of Paragraph No. 9 above, then the employee shall, in addition to the EMT supplement, receive the difference between such supplement and the pay supplement authorized by this paragraph. 17. A pay stipend of $100 per month, or $1,200 annually, paid monthly, if the member actually attends a regularly scheduled meeting during that month, shall continue to be awarded to members of the City Planning Commission and the Board of Zoning Appeals upon attainment of certification through the Virginia Certified Planning Commissioner Program and the Virginia Certified Board of Zoning Appeals Program, respectively. New appointees will be required to attain certification within one year of the date of appointment. 18. A pay stipend of $100 per month, or $1,200 annually, paid monthly, if the member actually attends a regularly scheduled meeting during that month, shall be awarded to members of the Architectural Review Board. The requirement for certification of members by the Virginia Certified Architectural Review Program, adopted by Council effective July 1, 2004, is suspended until the Program has been fully developed and made operational by the Virginia Department of Historic Resources (VHDR). M:1 19. Any pay supplement provided in this Ordinance shall be combined with an employee's base salary when computing overtime. However, if a pay supplement provided in this Ordinance should cause an officer or employee to exceed the maximum annual pay range for such officer's or employee's position, such officer or employee shall still receive the full amount of such pay supplement provided in this Ordinance. 20. Regular full -time, permanent, City employees who donate to the 2016 United Way Campaign will earn paid leave as follows: Donation Per Pay Period Total Paid Leave Allotted $5.00 per pay period/ 4.0 hours of leave $130.00 per year $10.00 per pay period/ 8.0 hours of leave $260.00 per year Permanent part-time employees who donate to the 2016 United Way Campaign will earn prorated paid leave. City employees who are engaged in performing emergency services or other necessary and essential services for the City whose normal work schedule is 24 hours, who donate to the 2016 United Way Campaign will earn paid leave as follows: Donation Per Pay Period Total Paid Leave Allotted $5.00 per pay period/ 6.0 hours of leave $130.00 per year $10.00 per pay period/ 12.0 hours of leave $260.00 per year All time earned through donations to the 2016 United Way Campaign must be used by July 4, 2016. 21. Each employee of the Sheriffs office who meets qualifications for Master Deputy Sheriff and has been appointed such by the Sheriff shall receive a five percent (5 %) increase to base annual salary. This increase shall be capped at no more than five percent (5 %) above the pay range maximum for a Deputy Sheriff. Any Master Deputy Sheriff who fails to meet required qualifications and is removed from appointment by the Sheriff shall have the base annual salary reduced by five percent (5 %). 22. The City Manager is authorized to continue a pay a supplement to eligible employees who use personal cell phones and personal data assistants for City business. The monthly pay supplement payable on a bi- weekly basis shall be $30.00 for voice and $50.00 for voice /data. M I e 23. The City Manager is authorized to continue the Special Military Pay Supplement to any City employee who is a military reservist /national guard and who, between July 1, 2015 and June 30, 2016, is called to and serves on active duty related to our country's war on terrorism or natural disasters. The pay supplement is equal to the difference between that employee's regular City salary and military base pay plus any other compensation received for military service. 24. Pursuant to Ordinance No. 39702- 071513, adopted on July 15, 2013, in accordance with Virginia Code §15.2- 1414.6, and Ordinance No. 39931 - 051214, adopted on May 12, 2014, Council established the annual salaries of the Mayor, Vice - Mayor and Council members for the fiscal year beginning July 1, 2015, and ending June 30, 2016, and for succeeding fiscal years unless modified by action of Council, accordingly the annual salaries of the Mayor, Vice -Mayor and Council members shall be as follows: Mayor $22,000.00 Vice -Mayor $18,216.00 Council Members $17,116.00 25. The provisions of this ordinance shall be in full force and effect on and after July 1, 2015, 26. Pursuant to §12 of the Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: ua, h n Stephanie M. Moon ey', nc6, M Q A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 11U day of May, 2015. No. 40233-051115. AN ORDINANCE establishing compensation for the City Manager, City Attorney, Municipal Auditor, and City Clerk, for the fiscal year beginning July 1, 2015; establishing and confirming certain compensation benefits for the Director of Finance; and dispensing with the second reading of this ordinance by title. BOOM BE IT ORDAINED by the Council of the City of Roanoke as follows- 1 . For the fiscal year beginning July 1, 2015, and ending June 30, 2016, and for succeeding fiscal years unless modified by ordinance duly adopted by this Council, the annual salaries of the Council appointed officers identified above and the Director of Finance shall be the annual salary established for such Council appointed officer or the Director of Finance during the fiscal year beginning July 1, 2014 and ending June 30, 2015, increased by three percent (3%). 2. Each Council appointed officer who was hired before July 1, 2014 and who participates in the City's Retirement System under Chapter 22.3 of the City Code will receive a six percent (6 %) increase to their current base salary for the fiscal year beginning July 1, 2015, and ending. June 30, 2016. 3. Each Council appointed officer who participates in the City's Retirement System will be required to make a five percent (5 %) contribution from their base salary. 4. Any increase in compensation due to any officer or employee under this Ordinance shall be first paid with the first paycheck in July of 2015. 5. Although the Director of Finance is no longer a Council appointed officer, she shall continue to receive as deferred compensation, the sum of $2,000.00 each —� quarter paid to the City's deferred compensation plan for Ms. Dameron's participation in said deferred compensation plan and the City will continue to put into place on Ms. Dameron's behalf a disability insurance policy consistent with that available to Council appointed officers; as well as such other benefits as set forth in Resolution No. 40140- 121514, adopted by City Council on December 15, 2014. 6. The Director of Finance shall continue to pay on an installment basis the sum of $8,000.00 per calendar year to the deferred compensation plan established pursuant to Internal Revenue Code Section 457, on behalf of the City Attorney, City Clerk, and Municipal Auditor. The sum shall be paid in equal quarterly installments on the first pay day of each calendar quarter. Each installment is paid to the seated Council- appointed officer as of the first day of that quarter. 7. The Director of Finance shall continue to pay on an installment basis the sum of $15,000.00 per calendar year to the deferred compensation plan established pursuant to Internal Revenue Code Section 401(a), an employer contribution on behalf of the City Manager. The sum shall be paid in equal quarterly installments on the first pay day of each calendar quarter. Each installment is paid to the seated City Manager as of the first day of that quarter. 483 8. In no calendar year shall amounts of deferred compensation contributed by the City on behalf of the Council appointed officers or the Director of Finance exceed the maximum amount permitted by the Internal Revenue Code and IRS regulations to be deferred on a tax -free basis annually. 9. The Director of Finance shall be authorized, for and on behalf of the City, to execute any documents required by the City's third party administrator for deferred compensation to implement this ordinance. 10. This ordinance shall remain in effect until amended or repealed by ordinance duly adopted by City Council. 11. Pursuant 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" Stephanie M. Moon %Rey , MMC David A. Rowers City Clerk Mayor M �;2 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of May, 2015. No. 40234-051815. A RESOLUTION approving the annual budget of the Roanoke Valley Resource Authority for Fiscal Year 2015 - 2016, upon certain terms and conditions. BE IT RESOLVED by the Council of the City of Roanoke that the annual budget for the Roanoke Valley Resource Authority for Fiscal Year 2015 - 2016, in the amount of $8,525,174.00 is hereby approved, all as more particularly set forth in a letter, and attachments thereto, to the City Manager dated March 27, 2015, from Peggy Bishop, Board Secretary of the Roanoke Valley Resource Authority, copies of which have been provided to Council. APPROVED AT T: CeCe' al. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of May, 2015. No. 40235- 051815. A RESOLUTION authorizing the acceptance of an Employment Advancement for Temporary Assistance to Needy Families (TANF) Participants grant from the Virginia Department of Social Services (VDSS); authorizing the City of Roanoke to serve as the primary fiscal agent for the distribution of such funds to the provider agencies for services provided to the local departments of social services (DSS) in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County; and authorizing execution of any and all necessary documents to comply with the terms and conditions of the grant. BE IT RESOLVED by the Council of the City of Roanoke that: EM 1. The Employment Advancement for TANF Participants grant from the VDSS, in the amount of $312,887.00, for the period commencing July 1, 2015, through June 30, 2016, for the purpose of maintaining and improving existing services to eligible TANF recipients by the provider agencies which comprise the Southwest Virginia Regional Employment Coalition, for services provided to the local departments of social services in Roanoke City, Roanoke County, Franklin County, Botetourt County, and Craig County, by Total Action Against Poverty, Blue Ridge Behavioral Healthcare, and Goodwill Industries of the Valleys, as further set forth in the City Council Agenda Report dated May 18, 2015, is hereby ACCEPTED. 2. The City of Roanoke is authorized to be the primary fiscal agent for this grant, and shall be responsible for distributing the grant proceeds to the provider agencies for services provided to the local DSS agencies. 3. The City Manager is hereby authorized to execute any and all requisite documents pertaining to the City's acceptance of these funds, and to furnish such additional information as may be required in connection with the City's acceptance of the grant funds. All such documents shall be approved as to form by the City Attorney. APPROVED ATT T: Cecelia T. Webb, CMC �..., � David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of May, 2015. No. 40236-051815. AN ORDINANCE to appropriate funding from the Federal Government through the Commonwealth of Virginia Department of Social Services for the Southwest Virginia Regional Employment Coalition Grant, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: E:• Appropriations Fees for Professional Services Revenues SWVA Regional Employment Coalition FY16 35- 630 - 8867 -2010 $312,887.00 35- 630 - 8867 -8867 312,887.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: G�oe a TIf Webb, CMC �—D D ow Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18' day of May, 2015. No. 40237-051815. AN ORDINANCE to appropriate funding from the Department of Justice Federal Asset Sharing Program and the Department of Treasury Federal Asset Sharing Program for enhancing law enforcement operations, amending and reordaining certain sections of the 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 DoJ Expendable Equipment 35- 640 - 3304 -2035 $( 85,616.00) DoT Expendable Equipment 35- 640 - 3304 -2035 147,45100 Revenues DoJ Federal Asset Forfeiture 35 -640- 3304 -3305 ( 86,184.00) DoJ Federal Asset Forfeiture - Interest 35- 640- 3304 -3306 568.00 DoT Federal Asset Forfeiture 35- 640 - 3307 -3307 147,287.00 DoT Federal Asset Forfeiture - Interest 35- 640 - 3307 -3308 166.00 EM Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTE eceliaT. Webb, CMC David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18t" day of May, 2015. No. 40238-051815. AN ORDINANCE to appropriate funding from the State Asset Sharing Program for enhancing law enforcement operations, 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 Revenues State Asset Forfeiture - Interest State Asset Forfeiture 35- 640 - 3302 -2035 $ 72,756.00 35- 640 - 3302 -3299 268.00 35- 640 - 3302 -3300 72,488.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED AT �lC(/ ten-- -► Cecelia T. Webb, CMC Davi A. Bowers Assistant Deputy City Clerk Mayor H .. ., IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of May, 2015. No. 40239-051815. AN ORDINANCE to appropriate funding from the Fleet Management Fund Retained Earnings to Capital Improvements for the installation of propane autogas fuel infrastructure, amending and reordaining certain sections of the 2014 - 2015 Fleet Management Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 Fleet Management Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue Appropriated from General Revenue Fund Balance Retained Earnings - Available 17- 440 - 9591 -9003 $ 34,000.00 17- 440 - 9592 -9003 35,000.00 17 -3348 (69,000.00) 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: elia T. Webb, CMC `David A Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of May, 2015, No. 40240-051815. AN ORDINANCE amending and reordaining Section 22.3 -27, Contributions and member's contribution account Article IV, Contributions of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3 -42, ESRS definitions, Division 1, ESRS, Article VII, Determination of Benefits, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3 -43, Normal service retirement Division 1, ESRS, Article VII, Determination of Benefits, of Chapter 22.3, Pensions and Retire of the City of Roanoke (1979), as amended; Section 22.3 -44, Early service retirement allowance, Division 1, ESRS, Article VII, Determination of Benefits, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3 -45, Vested allowance Division 1, ESRS, Article VII, Determination of Benefits, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; Section 22.3 -76, Member Elections Article XIII, Member Elections and Hybrid Program, of Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended; providing for effective dates; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 22.3, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Sec. 22.3-27. Contributions and members contribution account (a) Beginning July 1, 2015, each member, including a police officer or firefighter but excluding a hybrid member, shall contribute five percent (5 %) of his earnable compensation each pay period. Except as described in the preceding sentience, no contributions were deducted after May 31, 1973 from the compensation of members. The participating employers shall deduct the contribution payable by the member and every employee accepting or continuing employment shall be deemed to consent and agree to any deductions from his earnable compensation required by this section. Notwithstanding the foregoing, the member contributions, although designated as employee contributions hereunder, will be paid by the participating employers and shall be treated as employer contributions pursuant to Section 414(h) of the Internal Revenue Code of 1986, as amended, and shall not be included as gross income of the employee until such time as they are distributed or made available to the employee. The city shall "pick -up" the employee contributions by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis. Any Me] other participating employer shall "pick -up" the employee contributions either in lieu of future salary increases or by reducing the amount payable to each employee by the amount of his required employee contribution on a salary reduction basis, as indicated by such participating employer in the authorization passed by its governing body. 2. Chapter 22.3, Pensions and Retirement, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Sec. 22.3 -42. ESRS definitions. Normal retirement age means: (a) For firefighters and deputized police officers the earlier of (i) attainment of age sixty -five (65) and five (5) years of creditable service, or (ii) the attainment of age forty -five (45) and any combination of age and years of creditable service that equals not less than the sum of seventy (70) or, in the case of a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, and who is a firefighter or deputized police officer, the ^� earlier of (i) attainment of age sixty -five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty (50) and any combination of age and years of creditable service that equals not less than the sum of seventy -five (75). Only service as a firefighter or deputized police officer shall be credited to determine eligibility; provided, however, should any firefighter or deputized police officer become disabled for his regular duties as a firefighter or deputized police officer as a result of an accident occurring in the line of duty or as a result of an occupational disease and such firefighter or deputized police officer is transferred to another position in the city service, then such member shall continue to accrue creditable service as a firefighter or deputized police officer and shall remain subject to the normal retirement age established by this subsection as if he had remained a firefighter or deputized police officer. Any member employed on December 1, 1997, as a firefighter who was employed by the city in an emergency medical services capacity prior to October 30, 1995, shall receive credit under this subpart for service from the later of (i) July 1, 1989, or (ii) the date on which the employee became a member working in an emergency medical services capacity. 491 (b) For all other members not described in (1) above the earlier of (i) the attainment of age sixty -five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty (50) and any combination of age and years of creditable service that equals not less than the sum of eighty (80) or, in the case of a person who becomes a member after June 30, 2014, or who elects to be treated like a person who becomes a member after June 30, 2014, not described in (1) above, the earlier of (i) attainment of age sixty -five (65) and five (5) years of creditable service, or (ii) the attainment of age fifty -five (55) and any combination of age and years of creditable service that equals not less than the sum of eighty -five (85). Sec. 22.3 -43. Normal service retirement. (b) Amount of normal retirement benefit on or after normal retirement age. (1) In the case of a member other than a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, the retirement allowance shall be two and one -tenth percent (2.1 %) of the members average final compensation for each year of creditable service subject to a maximum of sixty -three (63) percent of average final compensation. (2) In the case of a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014 (other than a hybrid member), the retirement allowance shall be two percent (2.0 %) of the member's average final compensation for each year of creditable service subject to a maximum of sixty -three (63) percent of average final compensation. Sec. 22.3 -44. Early service retirement allowance. (a) Eligibility. A member shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment if he meets the following criteria: ^1 (1) In the case of a member other than a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, a member who has had five (5) or more years of creditable service and has attained the age of fifty -five (55) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment. (2) In the case of a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, (other than a firefighter or a deputized police officer), a member who has had fifteen (15) or more years of creditable service and has attained the age of fifty -five (55) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment. (3) In the case of a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, and who is a firefighter or deputized police officer, a member who has had fifteen (15) or more years of creditable service and has attained the age of fifty (50) shall be eligible to receive an early retirement benefit commencing on the first day of the month next following or coincident with the date of termination of employment. (b) Amount of early retirement benefit. (1) In the case of a member other than a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, the retirement allowance shall be two and one -tenth percent (2.1 %) of the member's average final compensation for each year of creditable service subject to a maximum of sixty -three (63) percent of average final compensation. (2) In the case of a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, (other than a hybrid member), the retirement allowance shall be two percent (2.0 %) of the member's average final compensation for each year of creditable service subject to a maximum of sixty -three (63) percent of average final compensation. 493 (c) This retirement allowance may be deferred and become payable without further adjustment: (1) In the case of a member other than a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, until the date when such member first actually attains the earlier of (1) age sixty - five (65), or, (2) age fifty -five (55) and thirty (30) years of creditable service. (2) In the case of a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, (including hybrid members), until the date when such member first actually attains normal retirement age. Sec. 22.3 -45. Vested allowance. (c) Payment of the vested allowance. The vested allowance may commence to be paid at any time after the member has reached, in the case of a member other than a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, the age required for early retirement subject to any applicable reductions for early payment as set out in section 22.3 -44(d) or in the case of a person who becomes a member after June 30, 2014 or who elects to be treated like a person who becomes a member after June 30, 2014, (including hybrid members), age sixty (60) subject to any applicable reductions for early payment as set out in section 22.3- 44(d). Sec. 22.3 -76. Member Elections. (a) A person who becomes a member after June 30, 2014, may make an irrevocable election to participate in the hybrid program maintained pursuant to section 22.3 -77. Such election shall be exercised no later than 60 days from the time of the employee's entry upon the performance of his duties. If an election is not made within such 60 days, such employee shall be deemed to have elected to participate only in the otherwise applicable defined benefit retirement plan established by this chapter and administered by the board and will not be considered a hybrid member. .•. (b) An ERS member or an ESRS member who is employed as of _ May 18, 2015, may, during the 30 day period of May 18, 2015 through and including June 17, 2015, elect to be treated like a person who becomes a member after June 30, 2014 or may elect to be a hybrid member. Such election shall be irrevocable and shall not affect the retirement allowance based on creditable servicer prior to July 1, 2015, 3. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. 4. Section 1 of this Ordinance shall be in full force and effect on and after July 1, 2015. The remaining sections of this ordinance shall be in full force and effect upon its passage. APPROVED ATTES Cecelia T. Webb, CMC Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18'" day of May, 2015. No. 40241-051815. A RESOLUTION authorizing the City Managers issuance and execution of an additional Amendment to the City's Contract with ThyssenKrupp Elevator Corporation ('ThyssenKrupp ") for additional professional services for repairs to the Elmwood Park Parking Garage elevator; and authorizing the City Manager to take certain other actions in connection with such Amendment. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to issue and execute an additional Amendment as may be necessary to the City's Contract with ThyssenKrupp, in an amount not to exceed an additional $61,633.00 for additional professional services to replace obsolete parts in the Elmwood Park Parking Garage elevator in order to modernize this unit, all as more fully set forth in the City Council Agenda Report dated May 18, 2015. 495 2. The form of such Amendment shall be approved by the City Attorney. 3. Such Amendment shall provide authorization for additions to the work, with an increase in the amount of the Contract, and provide that the total amount of such Amendment will not exceed an additional $61,633.00, all as set forth in the above mentioned City Council Agenda Report. 4. The City Manager is authorized to take such actions and to execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract with ThyssenKrupp, as well as the Contract itself. APPROVED ATTE Cecelia T. Webb, CMC Davi . owerws �_ Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18" day of May, 2015. No. 40242-051815. A RESOLUTION endorsing the update to the Capital Improvement Program submitted by the City Manager by City Council Agenda Report dated May 11, 2015. WHEREAS, by letter dated May 11, 2015, the City Manager has presented an update to the City's Five -Year Capital Improvement Program for Fiscal Years 2016 - 2020 in the recommended amount totaling $156,130,568.00; WHEREAS, the Capital Improvement Program and the funding recommendation for projects is affordable and consistent with previous discussions by City Council and actions taken by City Council; WHEREAS, City Council adopted Resolution No. 40228 - 051115, dated May 11, 2015, endorsing the recommended update to the Capital Improvement Program and Resolution No. 40228 - 051115 contained a clerical error that indicated the Five Year Capital Improvement Program update was for Fiscal Years 2015 - 2019, rather than Fiscal Years 2016 - 2020, as correctly set forth in the City Council Agenda Report dated May 11, 2015; M WHEREAS, City Council desires to correct error and reaffirm its endorsement of �+ the update to the City's Five Year Capital Improvement Program for Fiscal Year 2016 - 2020, retroactive to May 11, 2015; and ' WHEREAS, this Council is desirous of endorsing the recommended update to the Capital Improvement Program. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. This Council endorses and concurs in the recommendations of the City Manager for a certain update to the Five -Year Capital Improvement Program for the City of Roanoke for Fiscal Years 2016 - 2020, and the related funding recommendations, as set out in the letter of the City Manager dated May 11, 2015. 2. This Council corrects the clerical error contained in Resolution No. 40228- 051115 by correcting the date of update to Five -Year Capital Improvement Program for Fiscal Year 2016 - 2020. This Council reaffirms Resolution No. 40228- 051115, as corrected herein and its endorsement and concurrence in the recommendations of the City Manager for a certain update to the Five -Year Capital Improvement Program for the City of Roanoke for the Fiscal Years 2016 - 2020, and the related funding recommendations, as set forth in the letter of the City Manager dated May 11, 2015. 3. This Resolution shall take effect retroactively to May 11, 2015. APPROVED ATT T: QQ�L� ece a . WeW MC David A. Bowers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18`" day of May, 2015. No. 40243 - 051815. A RESOLUTION appointing Mark K. Cathey, Laura Day Rottenborn, and Richard M. "Dick' Willis, Jr., as School Board Trustees of the Roanoke City School Board for terms commencing July 1, 2015, and ending June 30, 2018. WHEREAS, pursuant to Section 9 -24, Code of the City of Roanoke (1979), as amended, a public hearing was held on April 20, 2015, relating to the appointment of School Board Trustees; and 497 WHEREAS, this Council is desirous of appointing Mark K. Cathey, Laura Day Rottenborn, and Richard M. 'Dick" Willis, Jr., to fill the vacancies on the Roanoke City School Board. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Mark K. Cathey, Laura Day Rottenborn, and Richard M. 'Dick" Willis, Jr., are hereby appointed as School Board Trustees of the Roanoke City School Board for terms commencing July 1, 2015, and ending June 30, 2018. 2. The City Clerk is directed to transmit an attested copy of this resolution to the Clerk of Roanoke City School Board, and to Mark K. Cathey, Laura Day Rottenborn, and Richard M. "Dick" Willis, Jr. APPROVED A T' w�n- Cecelia T. Webb, CIVIC David . Bow.ers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of May, 2015. No. 40244 - 051815. AN ORDINANCE to rezone certain property located at 1909 Valley View Boulevard, N. W., from CG, Commercial - General District, to CLS, Commercial -Large Site District, subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Shaker's Restaurant Corporation has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 1909 Valley View Boulevard, N. W, bearing Official Tax Map No. 2380110, rezoned from CG, Commercial - General District, to CLS, Commercial -Large Site 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; M • ; WHEREAS, a public hearing was held by City Council on such application at its meeting on May 18, 2015, 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. 2380110 located at 1909 Valley View Boulevard, N. W., be, and is hereby rezoned from CG, Commercial - General District, to CLS, Commercial -Large Site District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Amended Application No. 1 dated April 16, 2015. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATT Cecelia-T. Webb, CIVIC Q David A. BoweFs- Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of May, 2015. No. 40245-051815. 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 located at 2012 Jefferson Street, S. E.; and dispensing with the second reading of this ordinance by title. M WHEREAS, Carilion Clinic Properties, LLC, and the Western Virginia Water Authority have made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have a 2.0379 acre portion of the property bearing Official Tax Map No. 4060502, located on 2012 Jefferson Street, S. E., rezoned from ROS, Recreation and Open Space District, to INPUD, Institutional Planned Unit Development District, in accordance with a Planned Unit Development Plan, such Planned Unit Development Plan allowing only certain uses in the INPUD, Institutional Planned Unit Development District, and regulating, among other things, parking, access, building design, dumpster location, signage, utilities and stormwater improvements in accordance with the Plan; to have a 0.2518 acre portion of the property bearing Official Tax Map No. 4060502, located on 2012 Jefferson Street, S. E., rezoned from ROS, Recreation and Open Space District, to IN, Institutional District, and to have a 0.4453 acre portion of the property bearing Official Tax Map No. 4060502, located on 2012 Jefferson Street, S. E., rezoned from ROS, Recreation and Open Space District, to 1 -2, Heavy Industrial 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 May 18, 2015, 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 have a 2.0379 acre portion of the property bearing Official Tax Map No. 4060502, located on 2012 Jefferson Street, S. E., be and is hereby rezoned from ROS, Recreation and Open Space District, to INPUD, Institutional Planned Unit Development District, in accordance with a Planned Unit Development Plan; that a 0.2518 acre portion of the property bearing Official Tax Map No. 4060502, located on 2012 Jefferson Street, S. E., be and is hereby rezoned from ROS, Recreation and Open Space District, to IN, Institutional District; and that a 0.4453 acre 910 portion of the property bearing Official Tax Map No. 4060502, located on 2012 Jefferson .-. Street, S. E., be and is hereby rezoned from ROS, Recreation and Open Space District, to 1 -2, Heavy Industrial District, as set forth in the Zoning Amendment Amended Application No. 3 dated April 3, 2015. 2. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATT T: ecelia T. We ODavi . owers Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of May, 2015. No. 40246 - 051815. AN ORDINANCE vacating Crystal Spring Park as a public park for recreational and open space uses and releasing the public's right to use Crystal Spring Park; authorizing the City Manager to execute documents and to take any and all actions necessary to effect City Council's intent as evidenced by the adoption of this Ordinance; and dispensing with the second reading of this Ordinance by title. WHEREAS, Crystal Spring Park is an open air park consisting of six (6) tennis courts, a shelter, two (2) picnic tables, restrooms, and related amenities, located at 2012 Jefferson Street, S. E., bearing Official Tax Map No. 4060502, between Weller Lane, Jefferson Street, S. E., and Yellow Mountain Road, S. E., Roanoke, Virginia; WHEREAS, Crystal Spring Park is shown in Vision 2020, the City's Comprehension Plan, as a public park; WHEREAS, by deed dated October 30, 2004, and recorded in the Clerk's Office of the Circuit Court for the City of Roanoke, Virginia, as Instrument No. 040019281, ownership of Crystal Spring Park was transferred from the City of Roanoke ( "City') to the Western Virginia Water Authority( "WVWA "); 501 WHEREAS, pursuant to subsection (g) of Section 3.7, Title to Real Propert y, of Article III, REPRESENTATIONS AND WARRANTIES OF THE LOCALITIES, of the Operating Agreement Among the WVWA, and City of Roanoke, Virginia, and County of Roanoke, Virginia, dated June 30, 2004, the City agreed to maintain Crystal Spring Park, notwithstanding the transfer of ownership by deed dated October 30, 2004, referenced above; WHEREAS, it is the intent of the WVWA to transfer a portion of Official Tax Map No. 4060502, which portion includes Crystal Spring Park, to Carillon Services, Inc. ( "Carillon "), for the construction of certain improvements and uses consistent with the operation of a medical facility; WHEREAS, construction and installation of the improvements will preclude the use of Crystal Springs Park as a public park; WHEREAS, Carillon has agreed to pay to the City the sum of $250,000.00 upon vacation of the Park, said amount to be paid in cash to the City or as a credit as a part of the consideration due from the City to Carillon in the event that the City exercises its option to acquire certain real property owned by Carillon, situated at 709 Jefferson Street, S. E., Roanoke, Virginia, and bearing Official Tax Map No. 1020510, in accordance with the terms of an Option Agreement between the City and Carillon dated October 21, 2014, and authorized by Ordinance No. 40086- 102014, adopted by City Council on October 20, 2014; WHEREAS, the City Administration has filed an application pursuant to Section 15.2 -2232 of the Code of Virginia (1950), as amended, requesting that Crystal Spring Park be vacated and that the public's right to use Crystal Spring Park be released; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 15.2 -2204 of the Code of Virginia (1950), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on May 18, 2015, after due and timely notice thereof as required by Section 15.2 -2204 of the Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were given an opportunity to be heard, both for and against the application; and 502 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 and general welfare, require the vacation of Crystal Spring Park and the release of the public's right to use Crystal Spring Park, and for those reasons, is of the opinion that the hereinafter described application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Crystal Spring Park is vacated as a public park for recreational and open space uses. 2. The public's right to use Crystal Spring Park is released. 3. The City Manager is authorized to execute any and all documents, the form of all of such documents to be approved by the City Attorney, and to take any other actions consistent with the intent of City Council to vacate the Park and release the rights of the public to use the Park as evidenced by the adoption of this Ordinance. 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 aeWeb 11C Dav d7a. Eio vim Assistant Deputy City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 181" day of May, 2015. No. 40247- 051815. A RESOLUTION approving the reorganization and expansion of the Western Virginia Water Authority ( "Authority') by providing that Botetourt County, Virginia, join the Authority; approving and authorizing the execution of a Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority to accomplish such joinder; and authorizing the appropriate public officials to take any actions and execute any documents necessary to accomplish such matters, all in accordance with Virginia Code Section 15.2 -5112. MID IN WHEREAS, the Board of Supervisors of Franklin County, Virginia, ( "Franklin County "), the Board of Supervisors of Roanoke County, Virginia, ( "Roanoke County'), and the Board of Supervisors of Botetourt County, Virginia, ( "Botetourt County ") have or will determine that it is in the best interest of their citizens that Botetourt County, Virginia, join and become a member of the Western Virginia Water Authority pursuant to the provisions of the Virginia Water and Waste Authorities Act, Chapter 51, Title 15.2 of the 1950 Code of Virginia, as amended (the "Act "); and WHEREAS, the Council of the City of Roanoke, Virginia, ( "Council ") desires to approve of Botetourt County, Virginia, becoming a member of the Authority by the adoption of this resolution concurrently (or in concert) with resolutions adopted or to be adopted by Franklin County, Roanoke County, and Botetourt County; and WHEREAS, after proper advertisement, a public hearing has been held by this Council in accordance with the requirements of Section 15.2 -5104 of the Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke, Virginia, as follows: 1. Council hereby determines that it is in the best interest of the citizens of the City of Roanoke, Virginia, that Botetourt County, Virginia, join and become a member of the Western Virginia Water Authority and approves the terms of the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority as contained in Section 6 of this resolution. 2. Council hereby authorizes the Mayor and the City Clerk to execute and attest or witness, respectively, such Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority in a form substantially similar to those set forth in Section 6 below, with such minor revisions and adjustments as the Mayor or the City Manager shall approve. 3. Council hereby agrees that the Authority shall be reorganized and expanded in accordance with the terms of the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority mentioned above upon the issuance of a Certificate of Joinder and /or Restatement issued by the Virginia State Corporation Commission. 4. Council does hereby FIND as a matter of fact that inclusion in the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority of preliminary estimates of capital costs, proposals for any specific projects to be undertaken by the Authority, and preliminary estimates of initial rates for services of such projects as certified by responsible engineers is impractical. 504 5. As provided for in the Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority, the Council hereby appoints the following three (3) persons to be the City of Roanoke representatives and that such persons' initial terms will start on the date of issuance by the Virginia State Corporation Commission of a Certificate of Joinder and /or Restatement and expire on the dates indicated next to their names. RnnnnkP (.if,, Gnnninf..c NAME ADDRESS EXPIRATION OF INITIAL TERM John P. Bradshaw, Jr. 3132 Burnleigh Road, S .W. June 30, 2017 Roanoke, VA 24014 Harvey D. Brookins Freedom First June 30, 2016 5240 Valleypark Drive Roanoke, VA 24019 Wayne F. Bowers 3618 Colonial Green Circle, S .W _ June 30, 2019 Roanoke, VA 24018 Upon expiration of the initial term of office, and any future term of office, the Council shall appoint a person (who can be the same person whose term expired) to be a member of the Board of the Authority for four (4) years from the date of the initial ^� expiring term and any future expiring term of office. The total number of members that the City of Roanoke, Virginia, will have on the Board of the Authority will be three (3) members. 6. The Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority are set forth below. They shall be deemed amended, restated, and effective upon the date of issuance of a Certificate of Joinder and /or Restatement by the Virginia State Corporation Commission as provided for in Virginia Code Section 15.2 -5112. SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WESTERN VIRGINIA WATER AUTHORITY The Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Board of Supervisors of Franklin County, Virginia, and the Board of Supervisors of Botetourt County, Virginia, as well as the Board of Directors of the Western Virginia Water Authority, have by concurrent resolutions adopted the following Second Amended and Restated Articles of Incorporation of the Western Virginia Water Authority, pursuant to the Virginia Water and Waste Authorities Act (Chapter 51, Title 15.2 of the 1950 Code of Virginia as amended) (the "Act'). 505 ARTICLE I The name of the Authority shall be the Western Virginia Water Authority (the "Authority ") and the address of its principal office is 601 South Jefferson Street, Roanoke, Virginia 24011. ARTICLE 11 The names of the political subdivisions participating in the Authority are Roanoke County, Virginia, the City of Roanoke, Virginia, Franklin County, Virginia, and Botetourt County, Virginia, (collectively the "Localities "), each of which hereby acknowledges, covenants, and agrees that these Second Amended and Restated Articles of Incorporation shall not be further amended or changed without the express agreement of each of the governing bodies of each of the Localities. None of the following actions shall be taken or permitted to occur by the Board of the Authority without the affirmative vote of a majority of the members from the City of Roanoke and Roanoke County. (1) The inclusion of additional political subdivisions in the Authority; and (2) Additional agreement with other political subdivisions, entities, or persons, for the bulk sale of surplus water or for the acceptance and treatment of waste water. ARTICLE III The Board of the Authority shall consist of eight (8) members. The names, addresses, and terms of office of the initial members of the reconstituted Board of the Western Virginia Water Authority are as follows: The initial term of each member shall start on the date of issuance by the Virginia State Corporation Commission of a certificate of joinder or restatement and expire on the date indicated below. Name John P. Bradshaw, Jr Donald L. Davis Marc Fink Address 3132 Burnleigh Road, S.W. Roanoke, Virginia 24014 (Roanoke City Appointee) 1031 Halliahurst Avenue Vinton, Virginia 24179 (Roanoke County Appointee) Finks Jewelers 3545 Electric Rd Roanoke Virginia 24018 (Roanoke City Appointee) Expiration of Term of Office June 30, 2017 June 30, 2018 June 30, 2015' 611101 R. Gray Goldsmith Valley Bank June 30, 2015* 36 Church Avenue Roanoke, Virginia 24001 (Roanoke County Appointee Shirley B. Holland 161 Lila Lane June 30, 2018 Boones Mill, Virginia 24065 (Franklin County Appointee) Harvey Brookins Freedom First June 30, 2016 5240 Valley Park Drive Roanoke, Virginia 24019 (Roanoke City Appointee) H. Odell Minnix 3314 Kenwick Trail June 30, 2016 Roanoke, Virginia 24018 (Roanoke County Appointee) TBA* June 30, 2017 *The appointments for the member positions of Mr. Goldsmith by Roanoke County and of Mr. Fink by the City of Roanoke and the appointment of Botetourt County's member have not been determined as of the date of advertisement of the public hearing on this resolution and these Articles will be conformed to the appointments made prior to the filing of these Articles with the State Corporation Commission in June, 2015. All terms will end on June 30 in the last year of the appointed terms. This note will be removed from these Articles when they are filed with the State Corporation Commission. Upon expiration of the foregoing terms of office, the governing body of the participating political subdivision that appointed the person whose term expired shall appoint, for the times set forth below, a person to be such participating political subdivision's appointee, which can be the same person whose term expired, and the total number of members for each participating political subdivision will be the number of members set forth opposite its name below: Roanoke County — Three, for terms of four years each City of Roanoke — Three, for terms of four years each Franklin County — One, for a term of four years Botetourt County — One, for a term four years The governing body of each of the Localities shall be empowered to remove at any time, without cause, any member appointed by it and to appoint a successor member to fill the unexpired portion of the removed member's term, and shall be empowered to appoint a successor member to fill the unexpired term of a member such Locality appointed who may resign or no longer be able to serve. 507 Each Board member shall be reimbursed by the Authority for the amount of actual expenses incurred in the performance of Authority duties. Upon expiration of the term of a member, such member will continue to serve until the governing body of the Locality appointing such member appoints a successor member, removes such member, or reappoints such member. ARTICLE IV The purposes for which the Authority is being reorganized are to exercise all the powers granted to the Authority to acquire, finance, construct, operate, manage and maintain water, waste water, sewage disposal, and stormwater control systems and related facilities pursuant to the Act. The Authority shall have all of the rights, powers, and duties of an authority under the Act. It is not practicable to set forth herein information regarding preliminary estimates of capital costs, proposals for specific projects to be undertaken, or initial rates for services of the proposed projects. ARTICLE V The Authority shall serve Roanoke County, the City of Roanoke, Franklin County, and Botetourt County, Virginia, and, to the extent permitted by the Act and the terms of these Articles, such other public or private entities as the Authority may determine upon the terms and conditions established pursuant to appropriate contracts, either within or without Roanoke County, Virginia, the City of Roanoke, Virginia, Franklin County, Virginia, or Botetourt County, Virginia. ARTICLE VI The Authority shall cause an annual audit of its books and records to be made by an independent certified public accountant at the end of each fiscal year and a certified copy thereof to be filed promptly with the governing body of each of the incorporating political subdivisions. IN WITNESS WHEREOF the Board of Supervisors of Roanoke County, Virginia, the Council of the City of Roanoke, Virginia, the Board of Supervisors of Franklin County, Virginia, and the Board of Supervisors of Botetourt County, Virginia and the Board of Directors of the Western Virginia Water Authority have caused these Second Amended and Restated Articles of Incorporation to be executed in their respective names, and their respective seals have been affixed hereto and attested by the respective secretaries and /or clerks of each. Moo] [SIGNATURE PAGE TO FOLLOW] SIGNATURE PAGE TO SECOND AMENDED AND RESTATED ARTICLES OF INCORPORATION OF THE WEST WESTERN VIRGINIA WATER CITY OF ROANOKE, VIRGINIA AUTHORITY By: By: Shirley B. Holland, Chair David A. Bowers, Mayor Attest: (SEAL) Gayle Shrewsbury, Secretary ROANOKE COUNTY, VIRGINIA Attest: (SEAL) Stephanie M. Moon Reynolds, City Clerk FRANKLIN COUNTY, VIRGINIA LN P. Jason Peters, Chairman, Board of Supervisors ;Attest: (SEAL) Deborah C. Jacks, Deputy Clerk to the Board BOTETOURT COUNTY. VIRGINIA By: Dr. Donald M. Scothorn, Chairman, Board of Supervisors Attest: (SEAL) Clerk to the Board M Cline Brubaker, Chairman, Board of Supervisors Attest: (SEAL) Sharon K. Tudor, Clerk to the Board [End of Form of Articles] 7. The Council further authorizes the Mayor and /or the City Manager to take any action and execute any documents, including the Application for Joinder, necessary to accomplish the matters set forth in this resolution and to cause the Second Amended 509 and Restated Articles of Incorporation of the Western Virginia Water Authority to become effective so that Botetourt County, Virginia, becomes a member of the Authority. 8. This resolution shall take effect immediately upon its adoption. ATTEST: Stephanie M. Moon Reynolds, MMC City Clerk. APPROVED A E Cu6elia T. Webb, CMC Assistant Deputy City Clerk X a yB ti Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 18`" day of May, 2015. No. 40248- 051815. AN ORDINANCE exempting from real estate property taxation certain property located at 1215 3rd Street, S. W., Roanoke, Virginia, and depicted as Official Tax Map No. 1023008, owned by Child Health Investment Partnership (commonly known as CHIP) (hereinafter "the Applicant "), 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, 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 May 18, 2015; 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; 510 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. 1023008, known as 1215 3rd Street, S. W., Roanoke, Virginia, (the "Property "), which Property is owned by the Applicant, and a portion of the Property is subject to a lease between the Applicant and Kuumba Community Health & Wellness Center, Inc., d /b /a New Horizons Healthcare, a Virginia non -stock charitable corporation ( "Tenant ") for a term of two (2) years commencing as of March 1, 2015, with an option to renew the Lease for one additional term of three (3) years (the "Lease'), and that the entirety of the Property shall be used by the Applicant and /or the Tenant exclusively for charitable or benevolent purposes on a non - profit basis; WHEREAS, the Commissioner of the Revenue has determined, based upon a report from the City Attorney to the Commissioner of the Revenue attached to the City Council Agenda Report dated May 18, 2015, that the Lease does not provide Applicant with a substantial net profit on the portion of the Property subject to the Lease, and that the rent paid by Tenant is not in excess of the fair market value rent for medical office space within the City; 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 Applicant, the Child Health Investment Partnership, 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. 1023008, known as 1215 3rd Street, S. W., Roanoke, Virginia, and owned by the Applicant, a portion of which Property is leased to the Tenant pursuant to the Lease, and is used by the Applicant and /or the Tenant 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 by Applicant and /or the Tenant in accordance with the purposes designated in this Ordinance, as further stated in the City Council Agenda Report dated May 18, 2015. 2. In consideration of Council's adoption of this Ordinance, the Applicant agrees to pay to the City of Roanoke, on or before October 5 of each year, a service charge in an amount equal to twenty (20 %) percent of the City of Roanoke's real estate tax levy. 511 3. The tax exemption granted the Applicant pursuant to this ordinance shall be further conditioned upon the following: (a) Applicant acknowledges and agrees that it will immediately notify the City of Roanoke Commissioner of the Revenue in writing when any portion of the Property that is being exempted from taxation pursuant to this ordinance is leased to a third party, and that Applicant will provide the City a copy of such lease, (b) Applicant acknowledges and agrees that it will immediately notify the City of Roanoke Commissioner of Revenue in writing when any portion of the Property ceases to be used by the Applicant and /or the Tenant exclusively for charitable or benevolent purposes on a non - profit basis, and (c) Applicant agrees to include a provision in all leases of the Property to third parties that such third parties are responsible for paying the City applicable leasehold taxes assessed by the City. Applicant acknowledges that if the foregoing conditions are not met, the City reserves the right to terminate the tax exempt status of the Property in whole or in part at the City's discretion at any time. 4. This Ordinance shall be in full force and effect on July 1, 2015, if by such time a copy, duly executed by an authorized officer of the Applicant, has been filed with the City Clerk. 5. The City Clerk is directed to forward an attested copy of this Ordinance, after it is properly executed by the Applicant, to the Commissioner of the Revenue, and the City Treasurer for purposes of assessment and collection, respectively, of the service charge established by this Ordinance, and to Robin Haldiman, CEO, and the authorized agent of Child Health Investment Partnership, 6. 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 , 2015. Child Health Investment Partnership By Printed Name APPROVED ATT T: Ze T. Webb, CMC Assistant Deputy City Clerk David A. Bowers Mayor 512 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of June, 2015. No. 40250- 060115. A RESOLUTION authorizing acceptance of certain entitlement funding for the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME) Grant, and the Emergency Solutions Grant (ESG), from the U. S. Department of Housing and Urban Development; upon certain terms and conditions, and authorizing the execution of the necessary grant documents required to accept such funding. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts entitlement grant funding for the 2015 - 2016 fiscal year from the U. S. Department of Housing and Urban Development in the following amounts: (1) CDBG entitlement funding in the amount of $1,536,172.00, (2) HOME entitlement funding in the amount of $415,552.00 (with a 25% local cash and in -kind match by the City), and (3) ESG entitlement funding in the amount of $138,444.00, such funding to be used for the purposes of providing a variety of activities ranging from housing, community and economic development, and supportive programs for homelessness prevention and rapid rehousing, as more particularly described in the City Council Agenda Report dated June 1, 2015, and the attachments to that report. 2. The City Manager is hereby authorized to execute any and all requisite documents, in a form approved by the City Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of such grants. APPROVED AStephanietM. Moon y s, MMC Davi . Bowe_ City Clerk Mayor 513 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 "day of June, 2015- No. 40251- 060115. 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 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations HOME — Reserve Rehabilitation Project Funds HOME — City Retirement HOME — Fees for Professional Services HOME — Advertising HOME — DoT Billings HOME — Administrative Supplies HOME — Dues and Memberships HOME — Training and Development HOME — Records Management HOME — Postage HOME — West End New Home Ownership Habitat HOME — Mortgage Assistance Program HOME — West End New Home Ownership Habitat HOME — West End Single Family Rehab HOME — Regular Employee Salaries HOME — City Retirement HOME - 401 H Health Savings HOME - FICA HOME — Medical Insurance HOME — Dental Insurance HOME — Life Insurance HOME — Disability Insurance HOME — Fees for Professional Services HOME — Administrative Supplies 35- 090- 5390 -5632 ( 225,000.00) 35- 090 - 5394 -1002 $( 2,340.00) 35- 090 - 5370 -5527 3,195.00 35- 090 - 5387 -1105 856.00 35- 090 -5387 -2010 ( 12,290.00) 35- 090 - 5387 -2015 ( 300.00) 35- 090 -5387 -7005 ( 1,000.00) 35- 090- 5387 -2030 ( 203.00) 35- 090 - 5387 -2042 ( 500.00) 35- 090 -5387 -2044 ( 2,120.00) 35- 090 -5387 -2082 ( 157.00) 35- 090 - 5387 -2160 ( 200.00) ( 16,421.00) 35- 090 - 5387 -5607 35- 090- 5388 -5399 ( 122,290.00) 231,965.00 35- 090- 5390 -5607 35- 090- 5390 -5632 ( 225,000.00) 35- 090 - 5394 -1002 20,480.00 35- 090 -5394 -1105 3,195.00 35- 090 - 5394 -1117 120.00 35- 090 - 5394 -1120 1,567.00 35- 090 - 5394 -1125 2,117.00 35- 090 - 5394 -1126 132.00 35- 090 -5394 -1130 244.00 35- 090 - 5394 -1131 5.00 35- 090 - 5394 -2010 4,880.00 35- 090 -5394 -2030 300.00 514 HOME — Training and Development 35- 090 - 5394 -2044 5,000.00 HOME — Postage 35- 090 -5394 -2160 166.00 HOME — DoT Billings 35- 090 -5394 -7005 1,000.00 HOME — West End New Home Ownership 526,346.00 Habitat 35- 090 - 5394 -5607 ESG — Regular Employee Salaries 35 -E16 -5286 -1002 2,562.00 ESG — City Retirement 35 -E16- 5286 -1105 400.00 ESG — 401 H Health Savings 35 -1116 -5286 -1117 25.00 ESG — FICA 35 -E16 -5286 -1120 196.00 ESG — Medical Insurance 35 -E16- 5286 -1125 265.00 ESG — Dental Insurance 35 -E16 -5286 -1126 17.00 ESG — Life Insurance 35 -E16 -5286 -1130 30.00 ESG — Disability Insurance 35 -E16 -5286 -1131 1.00 ESG — Fees for Professional Services 35 -E16 -5286 -2010 2,677.00 ESG — Program Activities 35 -E16- 5286 -2066 3,200.00 ESG — Trust House 35 -E16 -5286 -5251 35,000.00 ESG — Council of Community Services 35 -E16- 5286 -5618 67,571.00 ESG — Family Promise 35 -E16 -5286 -5644 26,500.00 CDBG — Neighborhood Development 35 -G12- 1244 -5028 ( 16.00) CDBG — West End Owner Occupied Rehab- ( 89.00) RTR 35 -G13- 1319 -5610 CDBG — Historic Review Services 35 -G13- 1321 -5403 ( 131.00) CDBG — Historic Sites /Structures Survey 35 -G13- 1321 -5544 ( 920.00) CDBG — Environmental Review Services 35 -G13- 1321 -5565 ( 6,411.00) CDBG — RRHA Property and Loan Portfolio ( 6,010.00) Mgmt 35 -G13- 1321 -5584 CDBG — Medical Insurance 35 -G13- 1323 -1125 814.00 CDBG — Regular Employee Salaries 35 -G13- 1324 -1002 ( 4,403.00) CDBG — City Retirement 35 -G13- 1324 -1105 ( 612.00) CDBG — FICA 35 -G13- 1324 -1120 ( 541.00) CDBG — Fees for Professional Services 35 -G13- 1324 -2010 ( 19,620.00) CDBG — Reserve Rehabilitation Project ( 62,447.00) Funds 35 -G13- 1324 -5527 CDBG — Mt View Neighborhood CFL 35 -G13- 1344 -5596 ( 83.00) Distribution CDBG — West End Owner Occupied Rehab- 35 -G14- 1419 -5610 ( 75.00) RTR CDBG — West End New Home Ownership 35 -1314- 1419 -5614 49,130.00 Habitat CDBG — Residential Fagade Pilot Project 35 -G14- 1419 -5619 ( 141,294.00) CDBG — West End Rental Rehab - Project 35 -G14- 1419 -5628 ( 66,000.00) CDBG — West End Rental Rehab - Delivery 35 -G14- 1419 -5629 ( 11,300.00) 515 CDBG — West End Energy Efficiency Rehab 35 -G14- 1419 -5630 ( 58,000.00) - Project CDBG — West End Energy Efficiency Rehab 35- G14- 1419 -5631 ( 14,500.00) - Delivery CDBG — Regular Employee Salaries 35 -G14- 1422 -1002 ( 113,272.00) CDBG — FICA 35 -G14- 1422 -1120 ( 10,394.00) CDBG — Fees for Professional Services 35 -G14- 1422 -2010 ( 41,040.00) CDBG — Expendable Equipment 35- G14- 1422 -2035 ( 3,597.00) ( >$5000.00) CDBG — Training and Development 35 -G14- 1422 -2044 ( 1,860.00) CDBG — Neighborhood Planning Activities 35 -G14- 1422 -5634 ( 17,550.00) CDBG — Regular Employee Salaries 35 -G14- 1423 -1002 653.00 CDBG — BISSWVA - Case Management 35 -G14- 1438 -5508 ( 4,885.00) CDBG — TAP African American Male 35 -G14- 1438 -5554 ( 4,000.00) Students CDBG — Medical Insurance 35 -G14- 1443 -1125 ( 1,467.00) CDBG — Roanoke Community Garden 35 -G14- 1444 -5546 ( 8,859.00) Association CDBG — Belmont Neighborhood Association 35 -G14- 1444 -5636 ( 231.00) CDBG — Old Southwest - Bike Racks 35 -G14- 1444 -5638 ( 407.00) CDBG — Mortgage Assistance Program 35 -G15 -1519 -5399 ( 45,583.00) CDBG — TAP African American Male 35 -G15- 1539 -5554 ( 5,000.00) Students CDBG — Empowering Individuals with 35 -G16- 1619 -5057 100,000.00 Disabilities CDBG — Demolition 35 -G16- 1619 -5108 50,000.00 CDBG — Mortgage Assistance Program 35 -G16- 1619 -5399 35,000.00 CDBG — Emergency Home Repair TAP 35 -G16- 1619 -5470 60,000.00 CDBG — World Changers 35 -G16- 1619 -5486 70,000.00 CDBG — West End New Home Ownership 35 -G16- 1620 -5607 59,172.00 Habitat CDBG — West End Owner Occupied Rehab- 35 -G16- 1620 -5610 85,000.00 RTR CDBG — West End Infrastructure 35 -G16- 1620 -5641 1,000,000.00 Improvements CDBG — Regular Employee Salaries 35 -G16- 1622 -1002 168,960.00 CDBG — City Retirement 35 -G16- 1622 -1105 26,358.00 CDBG — 401H Health Savings 35 -G16- 1622 -1117 1,200.00 CDBG - FICA 35 -G16- 1622 -1120 12,925.00 CDBG — Medical Insurance 35 -G16- 1622 -1125 18,787.00 CDBG — Dental Insurance 35 -G16- 1622 -1126 1,175.00 CDBG — Life Insurance 35 -G16- 1622 -1130 2,011.00 CDBG — Disability Insurance 35 -G16- 1622 -1131 44.00 CDBG — Fees for Professional Services 35- G16- 1622 -2010 19,168.00 516 CDBG — Advertising 35 -G16- 1622 -2015 4,000.00 CDBG — Telephone 35 -G16- 1622 -2020 1,500.00 CDBG — Administrative Supplies 35 -G16- 1622 -2030 3,000.00 CDBG — Expendable Equipment 35- 090 -5394 -5394 2,500.00 ( >$5000.00) 35 -G16- 1622 -2035 CDBG — Dues and Membership 35 -G16- 1622 -2042 2,000.00 CDBG — Training and Development 35 -G16- 1622 -2044 10,000.00 CDBG — Local Mileage 35- G16- 1622 -2046 150.00 CDBG — Printing 35 -G16- 1622 -2075 3,000.00 CDBG — Postage 35 -G16- 1622 -2160 1,000.00 CDBG — DoT Billings 35 -G16- 1622 -7005 3,341.00 CDBG — Risk Management 35 -G16- 1622 -7017 500.00 CDBG — Regular Employee Salaries 35 -G16- 1623 -1002 113,971.00 CDBG — City Retirement 35 -G16- 1623 -1105 17,779.00 CDBG — 401 H Health Savings 35 -G16- 1623 -1117 1,140.00 CDBG - FICA 35 -G16- 1623 -1120 8,704.00 CDBG — Medical Insurance 35 -G16- 1623 -1125 6,000.00 CDBG — Dentallnsurance 35 -G16- 1623 -1126 1,000.00 CDBG — Life Insurance 35 -G16- 1623 -1130 1,356.00 CDBG — Disability Insurance 35 -G16- 1623 -1131 50.00 CDBG — Regular Employee Salaries 35 -G16- 1639 -1002 64,202.00 CDBG — City Retirement 35 -G16- 1639 -1105 16,148.00 CDBG — FICA 35 -G16- 1639 -1120 5,857.00 CDBG — Medical Insurance 35 -G16- 1639 -1125 11,980.00 CDBG — Dentallnsurance 35 -G16- 1639 -1126 698.00 CDBG — Life Insurance 35 -G16- 1639 -1130 911.00 CDBG — Disability Insurance 35 -G16- 1639 -1131 214.00 CDBG — Local Mileage 35 -G16- 1639 -2046 1,1900.00 CDBG — Rent 35 -G16- 1639 -3075 3,600.00 CDBG — Apple Ridge Farm 35 -G16- 1639 -5084 32,473.00 CDBG — TAP African American Male 10,000.00 Students 35 -G16- 1639 -5554 CDBG — Children's Trust 35 -G16- 1639 -5569 27,608.00 CDBG — Home Stabilization for Families in 44,000.00 Need 35 -G16- 1639 -5604 CDBG — Training and Development 35 -G16- 1644 -2044 2,500.00 CDBG — Neighborhood Development 35 -G16- 1644 -5642 24,000.00 Revenues HOME Entitlement FY10 35- 090 -5370 -5370 ( 2,340.00) HOME Entitlement FY14 35- 090 - 5387 -5387 ( 154,625.00) HOME Entitlement FYI 35- 090 - 5390 -5390 6,965.00 HOME Entitlement FYI 35- 090 -5394 -5394 565,552.00 ESG Entitlement FY16 CDBG Entitlement FY13 CDBG Entitlement FY13 CDBG Entitlement FY14 CDBG Entitlement FY15 CDBG Entitlement FY16 35 -E16- 5286 -5286 35 -G12- 1200 -3201 35 -G13- 1300 -3301 35 -G14- 1400 -3401 35 -G15- 1500 -3501 35 -G16- 1600 -3601 517 138,444.00 16.00) 100,453.00) 448,948.00) 50,583.00) 2,136,172.00 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 Reynold , MMC S) David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of June, 2015. No. 40252-060115. 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 2015 - 2016, 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 2015 - 2016 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 $610,289.00 were received by the Board from thirty (30) 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 2015 - 2016; 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 2015 - 2016 as more particularly set forth in the City Council Agenda Report dated June 1, 2015, and the attachment to that report. 2. The City Manager or his designee is authorized to execute a contract with the Council of Community Services to perform the necessary performance audits to evaluate the effectiveness and efficiency of all funded programs by such agencies; all such contracts to be approved as to form by the City Attorney. APPROVED ATTEST: G, Stephanie M. Moon Reyn lds, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1 s' day of June, 2015. No. 40253 - 060115. AN ORDINANCE to transfer funding to specific Human Services Committee agencies, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 General Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows, in part: 519 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 House — Family Housing Program 01- 630 -5220 -3740 5,000.00 West End Center— After School Program 01- 630 -5220 -3745 25,000.00 Carilion Medical Center — School Based 01- 630 -5220 -3767 17,544.00 Adolescent Health Clinics Greenvale School — Early Education 01- 630 - 5220 -3780 16,000.00 Achievement Blue Ridge Independent Living Center 01- 630 -5220 -3781 5,000.00 Mental Health America of Roanoke Valley 01- 630 - 5220 -3784 5,250.00 ommunity Youth Program at St. John's 01- 630 - 5220 -3797 16,000.00 Presbyterian Community Center 01- 630 - 5220 -3801 15,000.00 Legal Aid Society of Roanoke Valley — Free 01- 630 - 5220 -3822 5,000.00 Legal Services for Low Income Children's Trust— Children First Child 01- 630 - 5220 -3915 11,500.00 Abuse Prevention Brain Injury Services of SW VA — Case 01- 630 -5220 -3916 5,000.00 Management Apple Ridge Farm — Academic Summer 01- 630 - 5220 -3917 17,544.00 Camp Children's Trust - Children's Advocacy 01- 630- 5220 -3918 12,000.00 Center Family Service of Roanoke Valley — Taking 01- 630- 5220 -3919 20,300.00 ACTION Together Family Service — Family & Individual 01- 630 - 5220 -3921 6,000.00 Counseling Family Service - Adults Plus 01- 630 -5220 -3922 12,000.00 Blue Ridge Legal Services 01- 630 - 5220 -3923 21,414.00 Big Brothers /Big Sisters — Community and 01- 630 -5220 -3925 5,000.00 Site Based Mentoring Family Promise— Case Management: 01- 630 - 5220 -3927 7,500.00 Homeless Families Boys and Girls Club of Southwest VA — 01- 630 - 5220 -3928 5,000.00 Smart Moves 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 — 01- 630 -5220 -3940 12,000.00 Monitoring Services Bradley Free Clinic - Dental 01- 630 -5220 -3958 15,000.00 Smart Beginnings Greater Roanoke — 01- 630 - 5220 -3972 19,000.00 520 School Readiness Collaboration Council of Community Services — Blue Ridge Community Assistance Network U.M. Community Outreach Program New Horizons Healthcare — Dental Care 01-630-5220-3991 5,000.00 01- 630 -5220 -5054 5,000.00 01- 630 -5220 -5455 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: b�I Ooh-. Stephanie M. Moon Rey, noIds, MMCv David A. Bowers� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1"day of June, 2015. No. 40254- 060115. 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 2015 - 2016. WHEREAS, the Fiscal Year 2015 - 2016 budget approved by City Council for the Roanoke Arts Commission provides for funding in the amount of $269,220.00 including $2,000.00, which was set aside for the Arts Commission funding; WHEREAS, in order for nonprofit agencies to obtain an allocation for such funds, it was necessary for such agencies to file applications with the Arts Commission Agency Funding Advisory Committee; WHEREAS, requests for City funding in the total amount of $353,000.00 were received by the Committee from sixteen (16) 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 2015 - 2016, subject to City Council approval. 521 THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that Council 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 2015 - 2016 and the Arts Commission, as more particularly set forth in the City Council Agenda Report dated June 1, 2015, to Council, and the attachment to that report. APPROVED ATTEST: ( kl.�u.' Stephanie M. Moon Reyn Ids, MM �Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1" day of June, 2015. No. 40255-060115. AN ORDINANCE to transfer funding to specific Art Commission agencies, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 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 Center in the Square 01- 310 -5221 -3706 5,000.00 Virginia Museum of Transportation 01- 310 - 5221 -3714 25,000.00 Roanoke Symphony Orchestra 01- 310 - 5221 -3736 33,000.00 Mill Mountain Theatre 01- 310 - 5221 -3749 20,000.00 Opera Roanoke 01- 310 -5221 -3762 20,000.00 Science Museum of Western Virginia 01- 310 - 5221 -3774 22,000.00 Roanoke Ballet Theatre 01- 310 - 5221 -3779 8,500.00 Southwest Virginia Ballet 01- 310 -5221 -3794 10,000.00 Young Audiences of Virginia 01- 310 - 5221 -3802 5,000.00 Taubman Museum of Art 01- 310 - 5221 -3910 26,120.00 Harrison Museum /African- American Culture 01- 310- 5221 -3913 23,000.00 522 Jefferson Center Foundation LTD 01- 310 -5221 -3944 30,000.00 Roanoke Arts Commission 01- 310 -5221 -3961 2,000.00 Eleanor D. Wilson Museum 01- 310 -5221 -3975 9,000.00 Roanoke Children's Theatre 01- 310 -5221 -3984 7,600.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTES�T: / Stephanie M. Moon Reynoihs, MMW Ddv-id A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I" day of June, 2015. No. 40256-060115, A RESOLUTION designating the area of the City of Roanoke, Virginia situated at 425 Church, S. W., Roanoke, Virginia, 0 Church Avenue, S. W., Roanoke, Virginia, 407 Church Avenue, S. W., Roanoke, Virginia, and 420 Campbell Avenue, S. W., Roanoke, Virginia, as a revitalization area in accordance with Section 36- 55.30:2.A, Code of Virginia (1950), as amended; and authorizing the City Manager to execute the necessary documents, provide any additional information, and to take any necessary actions to advise the Virginia Housing Development Authority (VHDA) of such designation. WHEREAS, Fifth & Church LLC, a Virginia limited liability company is the owner of certain real property, all situated within the City of Roanoke, Virginia, more particularly described as 425 Church Avenue, S. W., being Official Tax Map No. 1011206; 0 Church Avenue, S. W., bearing Official Tax Map No. 1011209; 407 Church Avenue, S. W., Roanoke, Virginia, bearing Official Tax Map No. 1011210; and 420 Campbell Avenue, S. W., bearing Official Tax Map No. 1011202 (collectively, the Area Properties); WHEREAS, Fifth & Church LLC are redeveloping the buildings and improvements within the Area Properties by creating 56 new apartment dwellings with tenant amenities and approximately 5,500 square feet of nonresidential commercial space, to be known as The Locker Room and more particularly set forth in the City Council Agenda Report dated June 1, 2015 (Project); 523 WHEREAS, Fifth & Church LLC is seeking permanent financing from VHDA for this Project and pursuant to Section 36- 55.30:2.A, Code of Virginia (1950), as amended, the City may designate the Area Properties as a revitalization area; and WHEREAS, the City desires to designate the Area Properties as a revitalization area. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby finds and determines as follows: (a) the industrial, commercial and other economic development of the Area Properties will benefit the City of Roanoke but the Area Properties lack the housing needed to induce manufacturing, industrial, commercial, governmental, educational, entertainment, community development, healthcare or nonprofit enterprises or undertakings to locate or remain in the Area Properties; and (b) private enterprise and investment are not reasonably expected, without assistance, to produce the construction or rehabilitation of decent, safe and sanitary housing and supporting facilities that will meet the needs of low and moderate income persons and families in such Area Properties and will induce other persons and families to live within the Area Properties and thereby create a desirable economic mix of residents in the Area Properties. 2. Pursuant to Section 36- 55.30:2.A, Code of Virginia (1950), as amended, and based on the findings and determinations set forth in this Resolution, City Council hereby designates the Area Properties as a revitalization area. 3. City Council further finds and determines that the nonhousing portions of the Project, consisting of approximately 5,500 square feet of nonresidential commercial space and as more particularly described in the City Council Agenda Report dated June 1, 2015, are necessary and appropriate for the revitalization of the Area Properties and the industrial, commercial, or other economic development of the Area Properties. 524 4. The City Manager is authorized to execute any necessary documents, provide any additional information and take any necessary actions to advise VHDA of City Council's determinations set forth this Resolution and designation of the Area Properties as a revitalization area pursuant to Section 36- 55.30:2.A, Code of Virginia (1950), as amended. APPROVED ATTEST: Stephanie M. Moon Reynolds, MC N David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The I" day of June, 2015. No. 40257-060115. AN ORDINANCE authorizing the City Manager to enter into and execute an Intergovernmental Agreement for a Joint Public Radio System ( "Agreement ") with Roanoke County and Franklin County pursuant to Section 15.2 -1300 of the Code of Virginia (1950) as amended, for the establishment, maintenance, and operation of the Roanoke Valley Radio System; terminating the existing intergovernmental agreement between the City and Roanoke County for the operation of such system, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke ( "City ") entered into an agreement with Roanoke County on December 17, 1997, as such agreement was subsequently amended (1997 IGA "), for the joint establishment, installation, and maintenance of the Roanoke Valley Radio System, which consisted of a regional 800 MHz trunking public safety radio, and related equipment ( "System'), which System served to assist and facilitate radio communications between the City and Roanoke County's first responders and provide better emergency radio coverage of the Roanoke Valley; WHEREAS, in January 2012, the 1997 IGA was terminated, and the City and Roanoke County entered into a new intergovernmental agreement for the maintenance and operation of the System ( "2012 IGA "), in connection with the upgrade of the System from an analog standard to a digital standard; 525 WHEREAS, Franklin County has now requested permission from the City and Roanoke County to join and become a partner in the System; and WHEREAS, the City and Roanoke County have determined that it is in the localities' best interests for Franklin County to become a partner in the System, and desire to terminate the 2012 IGA, and enter into the Agreement with Franklin County for the operation and maintenance of the System. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is authorized to enter into and execute on behalf of the City of Roanoke, in a form approved by the City Attorney, pursuant to Section 15.2 -1300 of the Code of Virginia (1950) as amended, the Agreement among Roanoke County, Franklin County, and the City of Roanoke, that governs the terms, conditions, and obligations of each of the three localities with respect to the establishment, maintenance, and operation, of the System, including but not limited to, how the costs for commonly owned equipment shall be shared among the three localities. The Agreement shall be upon such terms and conditions as are more particularly described in the City Council Agenda Report dated June 1, 2015, and substantially similar to the Agreement attached to that report. 2. The City Manager is further authorized to terminate the 2012 IGA between the City and the County of Roanoke upon commencement of the Agreement. 3. The City Manager is authorized to execute such other documents, in a form approved by the City Attorney, and take such other actions that are necessary to perform, administer, and enforce the Agreement and terminate the 2012 IGA. 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 Reynol s, MMC David A. Bowers City Clerk Mayor 526 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1"day of June, 2015. No. 40258-060115. A RESOLUTION authorizing the waiver of the City of Roanoke's ( "City') sovereign immunity in connection with a service agreement between the City and Comcast Cable Communications Management, LLC, d /b /a Comcast Business, and its operating affiliates ( "Comcast "), for the provision of internet services to City of Salem Fire /EMS Station No. 2, located at 415 Electric Road, Salem, Virginia, for use in mutual aid response via the City's fire dispatching system; and authorizing execution of the service agreement between the City and Comcast in connection with the provision of such services. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. This Council hereby waives its sovereign immunity with regard to the service agreement for the provision of internet services to City of Salem Fire /EMS Station No. 2, located at 415 Electric Road, Salem, Virginia, for use in mutual aid response via the City's fire dispatching system, as set forth in the Report of the City ^� Attorney dated June 1, 2015. 2. The City Manager is hereby authorized to execute, for and on behalf of the City, in a form approved by the City Attorney, a service agreement with Comcast for the provision of such internet services City of Salem Fire /EMS Station No. 2, a copy of which is attached to the aforementioned Report of the City Attorney dated June 1, 2015. APPROVED ATTEST: o � ^ Stephanie M.M on y olds, mpr �David ers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 1"day of June, 2015. No. 40259-060115. A RESOLUTION endorsing the City's participation in the 1 -73 Coalition. 527 WHEREAS, expansion of the interstate highway infrastructure throughout the Roanoke Valley is a critical tool in the economic development and vitality of the region; WHEREAS, a component of the City's legislative agenda is the expansion of Interstate 73; WHEREAS, the City, together with its regional partners, including Franklin County, Henry County, Roanoke County, and the City of Martinsville, have discussed the development and implementation of a coordinated strategy to promote the expansion of Interstate 73; and WHEREAS, the City Manager proposes joining into an agreement with its regional partners to retain an entity created for the purpose of advocating for the expansion of Interstate 73 at the federal and state level. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. The form of a contract among the City, Franklin County, Henry County, Roanoke County, the City of Martinsville, and The Interstate 73 Coalition, LLC, a Virginia limited liability company, attached to a report of the chair of the Council's Legislative Committee dated June 1, 2015, is approved, endorsed, and ratified, and the City Manager, or his designee, is authorized to execute the contract, in a form approved by the City Attorney. 2. The City Manager, or his designee, is authorized to execute such other documents, in a form approved by the City Attorney, and take such other actions as the City Manager or his designee deems necessary to promote the expansion of Interstate 73 through the Roanoke Valley. 3. City Council reaffirms its support for the expansion of Interstate 73 through the Roanoke Valley and encourages its federal and state delegations to take all steps necessary to join the coalition with the shared goal to make construction of Interstate 73 through the Roanoke Valley a reality. APPROVED ATTEST: Stephanie M. Moon Reynold , MMC `.J` / David A. Bowers City Clerk Mayor 528 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151" of June, 2015. No. 40260-061515. A RESOLUTION accepting a grant from Recycling Partnership, Inc., to the City for the City's Single Stream Recycling program, and authorizing execution of any required documents on behalf of the City in connection with such grant, under certain conditions. 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 Recycling Partnership, Inc., a grant in the amount of $40,000.00.00, with a $30,000.00 local match from the City, for the City's Single Stream Recycling program, such funding to be used as support for the planning and promotion of single stream recycling, including the development of a comprehensive outreach program to educate the community, all of which is more particularly described in the City Council Agenda Report dated June 15, 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 pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney. 3. The City Manager is hereby authorized to take such further actions and execute all documents as may be necessary to implement and administer such grant, consistent with the terms of this resolution, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reynolds/, MMC \� David A. Bowers City Clerk Mayor 529 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of June, 2015. No. 40261-061515. AN ORDINANCE appropriating funding from Recycling Partnership Incorporated for single stream recycling, 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 Revenues Recycling Partnership FY15 - RPI Recycling Partnership FY15 - Local 35- 530 - 8312 -2010 $ 70,000.00 35- 530 - 8312 -8312 40,000.00 35- 530 - 8312 -8313 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: Q� aiA(.�/ Stephanie M. Moon eynol� Qav werw snn.. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151h day of June, 2015. No. 40262- 061515. AN ORDINANCE amending and reordaining Section 32 -93, Generally; termination of exemption program, Division 5. Exemption Of Certain Rehabilitated Real Propert y, Article II, Real Estate Taxes Generallv, Chapter 32, Taxation, of the Code of the City of Roanoke, (1979), as amended; Section 32- 101.20, Generallv termination of exemption program, Division 5C. Partial Tax Exemption In Redevelopment and Conservation Areas. and Rehabilitation Districts Article II, Real Estate Taxes General v, 530 of Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended; Section 32- 101.26, Eligibilitv, Division 5C. Partial Tax Exemption In Redevelopment and n- "- "'': -- " - -" ,._ nw:,.i,, a M-1 v.+«+, r-- �,...,.... u., ...� of Chapter 32, Taxation; of the Code of the City of Roanoke (1979) as amended, which provide for certain real estate tax exemptions for rehabilitating property in the City; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. Chapter 32, Taxation, Article II, Real Estate Taxes Generallv, Division 5. Exemption Of Certain Rehabilitated Real Propert y, Section 32 -93, Generally, termination of exemption program, Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: Sec. 32 -93. - Generally; termination of exemption program. (a) The director of real estate valuation shall, upon application made and within the limits as hereinafter provided, order exemption of real property tax on real property substantially rehabilitated for residential use and on real property substantially rehabilitated for commercial or industrial use. (b) This division shall terminate and no new applications for exemption shall be accepted on and after July 1, 20 -1520, unless reenacted. This provision shall not affect applications filed before that date, or the continued eligibility for exemption of properties approved before that date. (c) As used in this Division, the term "substantial rehabilitation' shall include the substantial rehabilitation, renovation, or replacement of real property. 2. Chapter 32, Taxation Article II, Real Estate Taxes Generallv, Division 5C. Partial Tax Exemption In Redevelopment and Conservation Areas and Rehabilitation Districts, Section 32- 101.20, Generally; termination of exemption program, and Section 32- 101.26, Eligibilitv, Code of the City of Roanoke (1979), as amended, are amended to read and provide as follows: 531 Sec. 32- 101.20. - Generally; termination of exemption program. (a) The director of real estate valuation shall, upon application made and within the limits as hereinafter provided, order the partial exemption from real property tax of real property upon which new structures or other improvements have been constructed within a redevelopment or conservation area, or a rehabilitation district established in the city. (b) This division shall terminate and no new applications for exemption shall be accepted on and after July 1, 204520, unless reenacted. This provision shall not affect applications filed before that date, or the continued eligibility for exemption of properties approved before that date. Sec. 32- 101.26. — Eligibility (a) In order for the exemption for a property to continue in effect, such property shall be maintained in compliance with the city's building code, including the Virginia Maintenance Code, and as amended, and, if applicable, the requirements of the city's rental certificate of compliance program, Section 7 -34 et seq., of this Code. If, after receiving notice of a violation of this section, the owner of the property fails or refuses to complete the necessary corrections within the time required for such action, or refuses city inspectors access to such property for the purpose of determining continued eligibility under this section, then such eligibility shall terminate. (b) The improvements must be completed within two (2) years after the date of the filing of the application for exemption. (c) In order for the exemption for a property to continue in effect, or for an owner to apply for such exemption, the owner thereof shall not be delinquent in any real estate tax owed the city, and such exemption shall be void and of no effect if such delinquency occurs. (d) If a property which has qualified for exemption is damaged by fire or act of God such that the remaining value of the property is less than its original assessment before being rehabilitated, then the exemption shall cease. 532 3. This ordinance shall be in full force and effect on and after July 1, 2015. �+ 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED ATTEST: Stephanie M eynM�h David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of June, 2015. No. 40263-061515. AN ORDINANCE amending and reordaining Section 30 -14, Procedure for altering or vacating city streets or alleVS7 fees therefor; Article I, In General, Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, to establish a flat fee for legal advertising and to delete the need for applicants to provide certain information at the time of application; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 30, Streets and Sidewalks, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained to read and provide as follows: Sec. 30 -14. Procedure for altering or vacating city streets or alleys; fees therefor. Streets and alleys in the city may be altered or vacated on motion of the city council or on application of any person, in accordance with section 15.2 -2006, Code of Virginia (1950), as amended, as follows: (2) A fee, in an amount prescribed by city council, shall be charged by the city for processing of all applications for the alteration or vacation of any street or alley, which fee shall be in addition to all other expenses or costs, including advertising costs and the cost of notifying affected property owners. Fees for such application and advertising costs shall be as set forth in the City of Roanoke's Fee ' 533 Compendium as adopted by city council. The fee shall be payable to the city clerk. The city clerk shall not accept any application unless such fee is paid. No fee shall be charged upon city council's own motion for the alteration or vacation of a street or alley, or upon the application of any state, federal or local governmental authority for the same. (3) Upon the filing of an application for the alteration or vacation of a street or alley, the city clerk shall immediately refer the same to the city planning commission without further action of council. No viewers shall be appointed Every - app! iGat ion- shall- inolude -a- list -efi the4)amesan -addre° , f- known, of the owner- er- owners etal✓-ef the - property -- affected 4 y" proposed— alterat on or- vaoatien —ef- -a street ofalley.- 2. This ordinance shall be effective as of the date of its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Af � .az 0 Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151" day of June, 2015. No. 40264-061515. A RESOLUTION amending the Fee Compendium to establish a flat fee for legal advertisement of an application to alter or vacate a street or alley; and establishing an effective date. BE IT RESOLVED by the Council of the City of Roanoke that: 534 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412 - 032795, adopted March 27, 1995, effective as of that date, as since amended, shall be amended to reflect the addition of a new fee of $250.00 for legal advertisement of an application to alter or vacate a street or alley. 2. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Resolution. 3. The fee established by this Resolution shall remain in effect until amended by this Council. 4. This Resolution shall be in full force and effect on July 1, 2015. APPROVED ATTEST, i'Odvt aw.ti..� Stephanie M. Moon Reynolds, MMC Davi rs City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15� day of June, 2015. No. 40265 - 061515. AN ORDINANCE authorizing the adoption of Amendment No. 1 to the Workforce Investment Area III Chief Local Elected Officials Charter Agreement to amend and confirm the Workforce Investment Area III Chief Local Officials Charter Agreement (Charter Agreement), as amended; authorizing the Mayor to execute such Amendment No. 1 to the Charter; authorizing such city officials to execute such other documents and take such other actions to effectuate such Amendment No. 1 to the Charter Agreement; and dispensing with the second reading of this ordinance by title. WHEREAS, the Cities of Covington, Roanoke, and Salem, and the Counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke agreed to create a consortium to work together in accordance with the provisions of the federal Workforce Investment Act within the Western Virginia Workforce Development Area III; 535 WHEREAS, City Council authorized the Mayor of the City of Roanoke to execute the Workforce Investment Area III Chief Local Elected Officials Charter Agreement dated July 21, 2003 (Charter Agreement), by Resolution No. 36435 - 072103, adopted July 21, 2003; WHEREAS, the Mayors of the Cities of Covington, Roanoke and Salem, and the Chairmen of the Board of Supervisors of the Counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke (collectively, the Member Jurisdictions) executed the Charter Agreement; WHEREAS, the Member Jurisdictions desire to amend the Charter Agreement to improve the operations and implementation of the Workforce Development Plan, acknowledge, confirm, and agree that the Charter Agreement is an exercise of joint powers as permitted by Section 15.2 -1300, at sec., Code of Virginia (1950), as amended, and address changes that may be required as the result of the Workforce Innovation and Opportunity Act of 2014 (29 U.S.C. §§ 3011, et sec.), all as more specifically set forth in the City Council Agenda Report dated June 15, 2015; and WHEREAS, Section 13 of the Charter Agreement allows for amendments to the Charter Agreement with the concurrence of the governing bodies of the Member Jurisdictions. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows 1. City Council concurs with amending the Charter Agreement by adoption of Amendment No. 1. The form of Amendment No. 1 to the Charter Agreement, a copy of which Amendment No. 1 is attached to the City Council Agenda Report dated June 15, 2015, is approved, and the Mayor of the City of Roanoke is hereby authorized to execute Amendment No. 1 to the Charter Agreement, in a form substantially similar to Amendment No. 1 attached to such City Council Agenda Report, the form to be approved by the City Attorney. 2. The Mayor and the City Manager are hereby severally authorized to execute any other requisite documents related to Amendment No. 1 to the Charter Agreement, upon form approved by the City Attorney, as more particularly set forth in the City Council Agenda Report dated June 15, 2015. 3. The Charter Agreement, as authorized and approved by Resolution No. 36435 - 072103, and as amended by Amendment No. 1, is ratified, reaffirmed, confirmed, and approved. 536 4. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. ATTEST: 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 June, 2015. No. 40266-061515. A RESOLUTION authorizing the City Manager to execute the Workforce Innovation and Opportunity Act (WIOA) Title 1 Grant Award Agreement, by and between the Virginia Community College System and the City of Roanoke, and authorizing execution of any required documentation on behalf of the City. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized to execute the Workforce Innovation and Opportunity Act (WIOA) Title 1 Grant Award Agreement, by and between the Virginia Community College System and the City of Roanoke, which governs the role and responsibility of the City as the grant recipient of WOIA funding to Area III localities, and provides the framework for the acceptance and disposition of funds during the Agreement term, beginning July 1, 2015, and ending on June 30, 2016, as more fully described in the City Council Agenda Report dated June 15, 2015. 2. Further, the City Manager is hereby authorized to execute and file, on behalf of the City, any documents in a form approved by the City Attorney. APPROVED ATTEST: Step�Moon ReynodJvs� , M+M City Clerk avid A. Bowers Mayor �a 537 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'" day of June, 2015. No. 40267-061515. AN ORDINANCE authorizing the City Manager to execute Amendment No. 2 to an Agreement dated April 21, 2015, between the City and Tennis Courts, Inc., in an amount not to exceed $61,273.00, to rehabilitate the sports courts at Huff Lane Park, upon certain terms and conditions; authorizing the City Manager to take such further actions and execute all documents as may be necessary to implement and administer such Amendment No. 2; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager and the City Clerk are hereby authorized to execute and attest, respectively, for and on behalf of the City, in form approved by the City Attorney, Amendment No. 2 to an Agreement dated April 21, 2015, between the City and Tennis Courts, Inc., to rehabilitate the sports courts at Huff Lane Park, such Amendment No. 2 to be upon such terms and conditions as are more particularly described in the City Council Agenda Report dated June 15, 2015. 2. The City Manager is hereby authorized to take such further actions and execute all documents as may be necessary to implement and administer such Amendment No. 2 consistent with the terms of this ordinance, with any such documents being approved as to form by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor �• 91 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'" day of June, 2015. No. 40268-061515. A RESOLUTION authorizing execution of an Agreement with Carilion Property Management in connection with the use of the Crystal Spring Garage, the Rivenvalk Garage and parking spaces on Evans Mill Road during the 2015 annual fireworks show. 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 the Crystal Spring Garage, the Riverwalk Garage and parking spaces on Evans Mill Road from 3:00 p.m. until 11:00 p.m. on Saturday, July 4, 2015, in connection with the 2015 annual fireworks show, 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 15, 2015. APPROVED ATTEST: 'n, - %�10UM(� Stephanie M. Moon Reyn lds, MMC \David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15`" day of June, 2015. No. 40269-061515. A RESOLUTION endorsing an additional donation to Roanoke Cultural Endowment; establishing the conditions under which such additional donation will be made; and reaffirming the support of the City of Roanoke of Roanoke Cultural Endowment and the City of Roanoke's recognition of the importance of arts and cultural organizations to the fabric of the economy of the City of Roanoke. 539 WHEREAS, City Council adopted Resolution No. 39867- 021814, dated February 18, 2014, endorsing the creation of a private arts foundation that would develop and implement a strategy for generating funds for arts and cultural organizations within the City of Roanoke and the Roanoke Valley; WHEREAS, individuals within the City of Roanoke and the Roanoke Valley have formed Roanoke Cultural Endowment, a Virginia non -stock corporation, qualified as a tax exempt organization under section 501(c)(3) of the Internal Revenue Code; WHEREAS, pursuant to its organizational documents, Roanoke Cultural Endowment is qualified to accept charitable donations from individuals, businesses and, pursuant to Article IV, §16 of the Constitution of Virginia, and Section 15.2 -953 of the Code of Virginia (1950), as amended, accept appropriations from the City of Roanoke; WHEREAS, the City has appropriated the sum of $125,000.00 to Roanoke Cultural Endowment during fiscal year 2015; WHEREAS, Roanoke Cultural Endowment requests that the City appropriate an additional sum of $125,000.00 in fiscal year 2015, subject to conditions established by City Council; and WHEREAS, City Council is willing to appropriate an additional $125,000.00 to Roanoke Cultural Endowment upon satisfaction of certain conditions regarding fundraising from the private sector. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. City Council endorses funding an additional $125,000.00 donation to Roanoke Cultural Endowment during fiscal year 2015. Such additional funding shall be distributed to Roanoke Cultural Endowment upon presentation of written certification that A. Roanoke Cultural Endowment has raised, in cash, the sum of at least $125,000.00 from sources other than the funds provided to Roanoke Cultural Endowment by the City of Roanoke; and B. Roanoke Cultural Endowment is a Virginia non -stock corporation, in good standing, and remains qualified as a tax exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code. 540 r1 This certification shall be in writing, signed and acknowledged by a duly qualified officer of Roanoke Cultural Endowment, under penalty of perjury. The certification shall include specific information regarding the amounts and sources of funds raised by Roanoke Cultural Endowment. The certification may disclose the sources of funds raised in categories, rather than identifying particular donors. 2. Upon presentation of the certification in a form satisfactory to the City Manager and the City Attorney, the Director of Finance is authorized to distribute such additional donation as may have been appropriated by City Council. 3. City Council reaffirms its support for the Roanoke Cultural Endowment and the City's recognition of the importance of arts and cultural organizations in Roanoke to the citizens of Roanoke, the economy, fabric, and quality of life in the City of Roanoke and the Roanoke Valley. APPROVED ATTEST: Stephanie M. Moon Reynolds MMC V Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of June, 2015. No. 40270- 061515. AN ORDINANCE to appropriate funding from the Capital Improvement Reserve to the Arts Endowment 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- 610 - 9647 -9003 $ 125,000.00 Appropriated from General Revenue 08- 530 - 9575 -9220 (125,000.00 ) 541 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTE�ST:,,� J d Stephanie M. Moon Reynolds, MMC Da-vid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of June, 2015. No. 40271-061515. AN ORDINANCE to increase the Roanoke City Public Schools transfer, Convention and Visitors Bureau allocation, Public Safety Off -Duty Earnings (Police and Sheriff), the Comprehensive Services Act, Budget Contingency and Fleet Sublet Vendor and Supplies expenditures, and to increase revenue budget estimates for Public Service Corp — Real Estate, Sales, Business License, Transient Occupancy, Personal Property (Current and Delinquent) Taxes, Interest on Real Estate Taxes, the Comprehensive Services Act , Off -Duty Billings (Police and Sheriff) and Fleet Parts revenue, amending and reordaining certain sections of the 2014 - 2015 General Fund and Fleet Fund Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 General Fund and Fleet Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Off -Duty Earnings (Sheriff) 01- 140 - 2140 -1015 22,800.00 Transfer to Schools 01- 250 - 9310 -9530 1,384,800.00 Convention and Visitors Bureau 01- 300 - 7220 -3702 98,250.00 Budget Contingency 01- 300 - 9410 -2199 1,796,950.00 CSA - Res Parental& Noncustodial 01- 630 - 5410 -4602 265,000.00 CSA - Res Educational Services 01- 630 -5410 -4603 300,000.00 CSA - TFC IVE Children 01- 630 - 5410 -4605 42,000.00 Off -Duty Earnings (Police) 01- 640 - 3111 -1015 52,200.00 Fleet Management— Sublet Vendor 17 -440- 2641 -3009 115,000.00 Fleet Management — Supplies 17- 440 - 2641 -3016 145,000.00 (Inventory) 542 Revenues Personal Property (Current) 01- 110 - 1234 -0130 Personal Property (Delinquent) 01- 110 - 1234 -0134 Public Service Corp - RE 01- 110 - 1234 -0140 Interest on Real Estate Taxes 01- 110 - 1234 -0149 Sales Tax 01- 110 - 1234 -0201 Current Business License 01- 110 - 1234 -0220 Transient Occupancy Tax 01- 110 - 1234 -0225 Comprehensive Services Act 01- 110 - 1234 -0691 Off -Duty Billings (Police) 01- 110 - 1234 -1298 Off -Duty Billings (Sheriff) 01- 110 - 1234 -1313 Fleet Parts Billing — General Fund 17- 110 - 1234 -1869 Pursuant to the provisions of Section 12 of the City Ch of this ordinance by title is hereby dispensed with. APPROVED 500,000.00 340,000.00 494,000.00 212,000.00 1,223,000.00 431,000.00 262,000.00 425,000.00 52,200.00 22,800.00 260,000.00 arter, the second reading ATTEST: 2�J� Stephanie oonReynolds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 151h day of June, 2015. No. 40272-061515. AN ORDINANCE amending and reordaining Section 2 -233, Election: term of office, and Section 2 -235, General duties, of Article XI, Director of Finance, of Chapter 2, Administration, and Section 22.3 -2, Definitions, of Article I, General, 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. WHEREAS, pursuant to Chapter 347, Laws of Virginia (2015), effective July 1, 2015, the City Manager is designated as the person to appoint the Director of Finance under the Charter of the City of Roanoke; and 543 WHEREAS, certain provisions of the Code of the City of Roanoke (1979) as amended, require amendment to conform to the changes enacted pursuant to Chapter 347. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Section 2 -233, Election: term of office, Article XI, Director of Finance, Chapter 2, Administration, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Sec. 2 -233. Election' term of office. As provided in sections 8, and 9, and 21 of the Charter, the council city manager shall elestappoint a director of financefa'^rm of! w ^ (' � -the f.. OGtober- ,^ year -of sud'^^'ion. 2. Section 2 -235, General duties, Article XI, Director of Finance, Chapter 2, Administration, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Sec. 2 -235. General duties. The duties of the director of finance shall be as defined and set out in sections 25.1 arid 66 of the Charter and such other duties as may be provided by the council. 3. Section 22.3 -2, Definitions, Article 1, General, Chapter 22.3, Pensions and Retirement, of the Code of the City of Roanoke, Virginia (1979), is amended and reordained to read and provide as follows: Sec. 22.3 -2, Definitions. Eligible employee shall mean: (c) The city manager, city attorney, direotoF of f nanGe, municipal auditor, and the city clerk (the "council appointed officers "); 4. This Ordinance shall become effective on and after July 1, 2015. y.. 5. Pursuant to Section 12, Roanoke City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie Re n � �` A. �. P Y � David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of June, 2015. No. 40273- 061515. A RESOLUTION appointing a task force to review the City Code for the purpose of making changes to the City Code that are required or are advisable as a result of the amendments to various sections of the existing Roanoke Charter of 1952 regarding the Director of Finance, and make a recommendation to City Council as to the changes to City Code, if any, that may be deemed advisable. WHEREAS, effective July 1, 2015, and pursuant to Chapter 347, Laws of Virginia (2015), the General Assembly approved amendments to various sections of the existing Roanoke Charter of 1952, including amendments related to the appointment of the director of finance, WHEREAS, the amendments affective the appointment of the director of finance removed the appointment of the director of finance as an officer appointed by City Council, allowed the city manager to appoint a director of finance, designate certain duties of the director of finance, reserved to City Council the authority to designate additional duties of the director of finance by adoption of ordinances, and established the date on which the term of office of the director of finance as a Council appointed officer ends and the date on which the City Manager is first authorized to make the appointment of a director of finance; WHEREAS, City Council has adopted an ordinance as of June 1, 2015, making certain amendments to the Code of the City of Roanoke It 979) as amended that are necessitated by the enactment of Chapter 347, Laws of Virginia (2015); and 6TW WHEREAS, City Council desires to have members of City staff and members of City Council to review the Code of the City of Roanoke (1979) as amended, and make such recommendations to City Council as they may deem advisable regarding the amendments to various sections of the existing Roanoke Charter of 1952 regarding the Director of Finance. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke that: 1. A task force of four (4) individuals nominated by the City departments identified below is established to review the City Code for the purpose of making changes to the City Code that are required or are advisable as a result of the charter changes and to make such to City Council as the changes to City Code, if any, as this task force deems advisable. The members of this task force shall be: (a) The City Manager or his designee; (b) The Director of Finance or her designee; (c) The City Attorney or his designee; and (d) One (1) member of City Council - Raphael E. Ferris. 2. This task force is requested to provide its recommendations to Council, in writing, by November 1, 2015, and present its recommendations to Council during the Council regular session on November 16, 2015. APPROVED ATTEST: Stephanie oonReynold , MMC David Bowers 't City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15`" day of June, 2015. No. 40274-061515. AN ORDINANCE to appropriate funding from the Commonwealth 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. 546 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 Bonuses 302 -110 - 0000 -0390 -327J -61100 -41660 -3 -01 $ 13,934.00 Bonuses 302 - 110 - 0000 - 1170 -327J- 61100 - 41660 -3 -01 4,645.00 Social Security 302 -110 - 0000 -0390 -327J -61100 -42201 -3 -01 1,061.00 Social Security 302 -110 - 0000 -1170 -327J -61100 -42201 -3 -01 360.00 Revenues State Grant 302 -110 -0000 -0000 -327J - 00000 -32400 -0 00 20,000.00 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 Reyno ds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15`" day of June, 2015. No. 40275-061515. AN ORDINANCE to adopt an amendment to the 2014 - 2015 School Board Categorical Budget, amending and reordaining certain sections of the School General, School Athletics and School Food Service Funds Appropriations, and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2014 - 2015 School General, School Athletics and School Food Service Funds Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: School General Fund Appropriations Fund Balance- Unappropriated School Athletics Fund Appropriations Interfund Transfer From General Fund School Food Service Fund Appropriations Fund Balance- Unappropriated 547 $ ( 3,200,000.00) 3,200,000.00 300,000.00 300, 000.00 500,000.00 ( 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: V tAA�� Stephanie M. Moon Reynolds, MMC Bowers � City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15" day of June, 2015. No. 40276 - 061515. AN ORDINANCE establishing an Urban Development Area, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include such Urban Development Area as an element thereof; and dispensing with the second reading of this ordinance by title. WHEREAS, on June 8, 2015, the Planning Commission for the City of Roanoke considered establishing an Urban Development Area ( "UDA ") throughout the entire City, with the exception of two areas encumbered by recorded conservation easements, those two areas being portions of Mill Mountain and property located at 301 Tinker Creek Lane, N. E.; WHEREAS, the Planning Commission held a public hearing on that date and recommended establishing the UDA throughout the entire City, with the exception of two areas encumbered by a recorded conservation easement, those areas being portions of Mill Mountain and 301 Tinker Creek, and amending Vision 2001 - 2020, the City's Comprehensive Plan, to include such UDA as an element thereof; and WHEREAS, in accordance with the provisions of Section 15.2 -2204, Code of Virginia (1950), as amended, a public hearing was held before this Council on June 15, 2015, on the establishment of the proposed UDA, at which hearing all citizens so desiring were given an opportunity to be heard and to present their views on such amendment. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows, 1. That this Council hereby establishes an Urban Development Area throughout the entire City, with the exception of two areas encumbered by recorded conservation easements, those two areas being portions of Mill Mountain and property located at 301 Tinker Creek Lane, N. E., and amends Vision 2001 - 2020, the City's Comprehensive Plan, to include such Urban Development Area as an element thereof. 2. That the City Clerk is directed to forthwith transmit attested copies of this ordinance to the City Planning Commission. 3. Pursuant to the provisions of §12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST- Stephanie Y (J David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of June, 2015. t ` No. 40277 - 061515. AN ORDINANCE to rezone certain property on 210 Reserve Avenue, S. W., from INPUD, Institutional Planned Unit Development District, to ROS, Recreation and Open Space District; and dispensing with the second reading of this ordinance by title. WHEREAS, the City of Roanoke, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have the property located at 210 Reserve Avenue, N. W., bearing Official Tax Map No. 1040202, rezoned from INPUD, Institutional Planned Unit Development District, to ROS, Recreation and Open Space District; 549 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §36.2 -540, Code of the City of Roanoke (1979), as amended, and after conducting a public hearing on the matter, has made its recommendation to City Council; WHEREAS, a public hearing was held by City Council on such application at its meeting on June 15, 2015, 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. 1040202, located at 210 Reserve Avenue, S. W., be and is hereby rezoned from INPUD, Institutional Planned Unit Development District, to ROS, Recreation and Open Space District, as set forth in the Zoning Amendment Application dated May 11, 2015. 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: lit Stephanie M. Moonnolds, MMC �Y' �J David AW City Clerk Mayor 550 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15'h day of June, 2015. No. 40278- 061515. A RESOLUTION authorizing the issuance of not to exceed twenty -seven million dollars ($27,000,000.00) principal amount of general obligations of the City of Roanoke, Virginia, 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); fixing the form, denomination and certain other details of such bonds; providing for the sale of such bonds, together with other General Obligation Public Improvement Bonds of the City; authorizing the preparation of a preliminary official statement and an official statement relating to such bonds and the distribution thereof and the execution of a certificate relating to such official statement; authorizing the execution and delivery of a continuing disclosure certificate relating to such bonds; authorizing and providing for the issuance and sale of a like principal amount of General Obligation Public Improvement Bond anticipation notes in anticipation of the issuance and sale of such bonds; delegating to the City Manager and the Director of Finance certain powers with respect to the sale and determination of the details of such bonds and notes; and otherwise providing with respect to the issuance, sale and delivery of such bonds and notes. WHEREAS, in the judgment of the Council (the "Council') of the City of Roanoke, Virginia (the "City "), it is desirable (1) to authorize the City to contract a debt and to authorize the issuance of not to exceed $27,000,000.00 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), (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: 551 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) as set forth in Section 7, the City is authorized to contract a debt and to issue not to exceed $27,000,000.00 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. 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. Interest on the Bonds shall be calculated on the basis of a three hundred sixty (360) day year comprised of twelve (12) thirty (30) day months. (c) The Bonds (or portions thereof in installments of $5,000.00) shall be subject to redemption at the option of the City prior to their stated maturities, in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of such redemption prices (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with the interest accrued thereon to the date fixed for the redemption thereof, as shall be determined by the City Manager and the Director of Finance in accordance with the provisions of Section 8. 552 (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 (4511h) day next preceding the date fixed for redemption. If notice of the redemption of any Bond shall have been given as aforesaid, and payment of the principal amount of such Bond (or the portion of the principal amount thereof to be redeemed) and of the accrued interest payable upon such redemption shall have been duly made or provided for, interest thereon shall cease to accrue from and after the date so specified for the redemption thereof. (ii) Any notice of the optional redemption of the Bonds may state that it is conditioned upon there being on deposit with the City on the date fixed for the redemption thereof an amount of money sufficient to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption ..� thereof, and any conditional notice so given may be rescinded at any time before the payment of the redemption price of such Bonds, together with the interest accrued , thereon, is due and payable if any such condition so specified is not satisfied. If a redemption of any Bonds does not occur after a conditional notice is given due to there not being on deposit with the City a sufficient amount of money to pay the redemption price of such Bonds, together with the interest accrued thereon to the date fixed for the redemption thereof, the corresponding notice of redemption shall be deemed to be revoked. (iii) So long as the Bonds are in book -entry only form, any notice of redemption shall be given only to The Depository Trust Company, New York, New York ( "DTC'), or to its nominee. The City shall not be responsible for providing any beneficial owner of the Bonds any notice of redemption. SECTION 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. 553 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: (1) if a Bond is authenticated prior to the first interest payment date, the certificate shall be dated as of the date of the initial issuance and delivery of the Bonds of the series of Bonds of which such Bond is one, (ii) if a Bond is authenticated upon an interest payment date, the certificate shall be dated as of such interest payment date, (iii) if a Bond is authenticated after the fifteenth (15th) day of the calendar month next preceding an interest payment date and prior to such interest payment date, the certificate shall be dated as of such interest payment date and (iv) in all other instances the certificate shall be dated as of the interest payment date next preceding the date upon which the Bond is authenticated. In the event the Bonds of any series shall be dated as of a date other than the first day of a calendar month or the dates on which interest is payable on such series are other than the first days of calendar months, the provisions of this Section 3(c) with regard to the authentication of such Bonds and of Section 9 with regard to the form of such Bonds shall be modified as the Director of Finance shall determine to be necessary or appropriate. (d) The execution and authentication of the Bonds in the manner set forth above is adopted as a due and sufficient authentication of the Bonds. SECTION 4. (a) The principal of and interest on the Bonds shall be payable in such coin or currency of the United States of America as at the respective dates of payment thereof is legal tender for public and private debts. The principal of the Bonds shall be payable upon presentation and surrender thereof 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 OTC, 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. 554 (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. (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 integral multiple thereof. Purchasers will not receive physical delivery of certificates representing their interest in the Bonds purchased. 555 (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 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. 556 SECTION 7. The net proceeds of the sale of the Bonds authorized for issuance in the principal amount of not to exceed $27,000,000.00 in Section 1(a) (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 8,500,000.00 Public Libraries 3,577,000.00 Parks and Recreation 1,000,000.00 Bridge Renovation Projects 5,650,000.00 Stormwater Management Projects 1,920,000.00 Berglund Center (Civic Center) Improvement 1,500,000.00 Projects Curbs, Gutter and Sidewalk Improvement Projects 1,000,000.00 Rail Passenger Infrastructure Improvement 2,500,000.00 Projects Streetscape Improvement Projects 500.000.00 Total $ 26,147,000.00 If any project set forth above shall require less than the entire respective amount so set forth, the difference may be applied to any of the other projects so set forth. SECTION 8. (a) The Bonds shall be sold at negotiated or competitive sale on such date or dates and at such price or prices as shall be determined by the City Manager and the Director of Finance. (b) If the Bonds are sold at competitive sale, the Director of Finance is hereby authorized to prepare and distribute, or to cause to be prepared and distributed, via electronic dissemination or otherwise, a Preliminary Official Statement and an Official Notice of Sale relating to the Bonds. In preparing the Official Notice of Sale relating to the Bonds, the Director of Finance is hereby authorized to provide that bids for the purchase of the Bonds may be received by electronic bidding. (c) If the Bonds are sold at competitive sale, the City Manager and the Director of Finance, without further action by the Council, (i) are hereby authorized to determine the dated date of the Bonds of each series, the dates the Bonds of each series shall mature, the dates on which interest on the Bonds shall be payable, the aggregate principal amount of the Bonds of each series and the principal amount of the Bonds of each series maturing in each year and (ii) are hereby further authorized to receive bids for the purchase of the Bonds of each series and to accept the bid offering to purchase the Bonds of each series at the lowest true interest cost to the City; provided, however, in no event shall the true interest cost to the City with respect to the Bonds of any series exceed six percent (6.00 %). The City Manager and the Director of Finance are further authorized to fix the rates of interest to be borne by the Bonds of 557 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 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 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, an Official Notice of Sale of such Notes 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 559 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. 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. SECTION 13. All ordinances, resolutions and proceedings in conflict herewith are, to the extent of such conflict, repealed. EXHIBIT A UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF ROANOKE GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND SERIES REGISTERED REGISTERED No. R- $ MATURITY INTEREST DATE: RATE: DATE OF BOND: CUSIP NO.: REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: DOLLARS 560 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 Registrar and 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), 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. 561 The Bonds of the issue of which this Bond is one (or portions thereof in installments of $5,000.00) maturing on and after 1, 20 are subject to redemption at the option of the City prior to their stated maturities, on or after 1, 20 , in whole or in part from time to time on any date, in such order as may be determined by the City (except that if at any time less than all of the Bonds of a given maturity are called for redemption, the particular Bonds or portions thereof in installments of $5,000.00 of such maturity to be redeemed shall be selected by lot), upon payment of a redemption price equal to the principal amount of the Bonds to be redeemed, together with the interest accrued thereon to the date fixed for the redemption thereof. The Bonds of the issue of which this Bond is one maturing on , are subject to mandatory sinking fund redemption on and on of each year thereafter and to payment at maturity on _ in the principal amounts in each year set forth below, in the case of redemption with the particular Bond or Bonds maturing on or portions thereof to be redeemed to be selected by lot, upon payment of the principal amount of the Bonds maturing on to be redeemed, together with the interest accrued on the principal amount to be redeemed to the date fixed for the redemption thereof: Year Principal Amount The City, at its option, may credit against such mandatory sinking fund redemption requirement the principal amount of any Bonds maturing on _which have been purchased and cancelled by the City or which have been redeemed and not theretofore applied as a credit against such mandatory sinking fund redemption requirement. If this Bond is redeemable and this Bond (or any portion of the principal amount hereof in installments of $5,000.00) shall be called for redemption, notice of the redemption hereof, specifying the date, number and maturity of this Bond, the date and place or places fixed for its redemption, and if less than the entire principal amount of this Bond is to be redeemed, that this Bond must be surrendered in exchange for the principal amount hereof to be redeemed and a new Bond or Bonds issued equalling in principal amount that portion of the principal amount hereof not to be redeemed, shall be mailed not less than thirty (30) days prior to the date fixed for redemption, by first class mail, postage prepaid, to the Registered Owner hereof at the address of such Registered Owner as it appears on the books of registry kept by the Registrar and Paying Agent as of the close of business on the forty -fifth (45th) day next preceding the 562 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 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. 563 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. Attest: City Clerk CITY OF ROANOKE, VIRGINIA CERTIFICATE OF AUTHENTICATION [SEAL] Mayor This Bond is one of the Bonds delivered pursuant to the within- mentionec proceedings. as Registrar and Paying Agent By: Authorized Signatory Date of Authentication: ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (Please print or type name and address, including postal zip code of Transferee) 564 PLEASE INSERT SOCIAL SECURITY OR OTHER TAX IDENTIFYING NUMBER OF TRANSFEREE: — - the within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer such Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by a member firm of The New York Stock Exchange, Inc. or a commercial bank or trust company. ATTEST: (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the Registered Owner as it appears on the face of this Bond in every particular, without alteration, enlargement or any change whatsoever. APPROVED Stephanie Reynolds, M(M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 15`h day of June, 2015. No. 40279-061515. AN ORDINANCE to appropriate funding to be provided by the issuance of general obligation Bonds to the Stormwater Improvements, Civic Center Upgrades, City -wide Curb /Gutter /Sidewalk FY16, Passenger Rail Infrastructure, Bridge Renovations, Williamson Road Library Renovations, Melrose Library Renovations, Parks & Rec Master Plan - Phase II, Streetscapes, Round Hill Expansion — Phase III, and PH Stadium Turf Replacement projects, amending and reordaining certain sections of the 2015 - 2016 Stormwater Utility, Civic Facilities, Capital Projects, and School Capital Projects Funds, and dispensing with the second reading by title of this ordinance. 565 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 Stormwater Utility, Civic Facilities, Capital Projects, and School Capital Projects Funds Appropriations be, and the same are hereby, added, amended, and reordained to read and provide as follows: Stormwater Utility Fund Appropriations Appropriated from 2016 Bond Funds 03- 530 - 3014 -9377 $ 1,920,000.00 Stormwater Improvements 03- 530 - 3017 -9384 ( 1,920,000.00) Civic Facilities Fund Appropriations Appropriated from 2016 Bond Funds 05- 550 - 8631 -9377 500,000.00 Civic Center Upgrades 05- 550 - 8635 -9340 ( 500,000.00) Capital Projects Fund Appropriations Parks & Rec Master Plan - Phase II 08 -530- 9434 -9344 ( 1,000,000.00) Passenger Rail Infrastructure 08- 530 - 9434 -9362 ( 2,500,000.00) Streetscape Improvements 08 -530- 9434 -9363 ( 500,000.00) City -Wide Curb Gutter Sidewalk 08- 530 - 9434 -9370 ( 1,000,000.00) Library Renovations 08- 530 - 9434 -9378 ( 3,577,000.00) Bridge Renovations 08 -530- 9434 -9383 ( 5,650,000.00) Appropriated from 2016 Bond Funds 08 -530- 9435 -9377 1,000,000.00 Appropriated from 2016 Bond Funds 08 -530- 9436 -9377 500,000.00 Appropriated from 2016 Bond Funds 08 -530- 9593 -9377 250,000.00 Appropriated from 2016 Bond Funds 08- 530 - 9594 -9377 150,000.00 Appropriated from 2016 Bond Funds 08 -530- 9595 -9377 750,000.00 Appropriated from 2016 Bond Funds 08 -530- 9596 -9377 750,000.00 Appropriated from 2016 Bond Funds 08 -530- 9600 -9377 230,000.00 Appropriated from 2016 Bond Funds 08 -530- 9649 -9377 3,347,000.00 Appropriated from 2016 Bond Funds 08 -530- 9621 -9373 2,500,000.00 Appropriated from 2016 Bond Funds 08 -530- 9964 -9377 417,651.00 Appropriated from 2016 Bond Funds 08 -530- 9965 -9377 3,332,349.00 Appropriated from 2016 Bond Funds 08- 620 - 9770 -9377 1,000,000.00 School Capital Projects Fund Appropriations Appropriated from 2016 Bond Funds 31- 065 - 6007 -9377 461,457.00 Appropriated from 2016 Bond Funds 31- 065 -6059 -9377 2,538,543.00 Round Hill Exp — Phase III 31- 060 - 9582 -9379 ( 2,538,543.00) PH Stadium Turf Replacement 31- 060 - 9582 -9382 ( 461,457.00) 610101 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: n 2� S ephanie M. Moon R ynold MC �\David ABowers City Clerk Mayor 567 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40280- 070615, A RESOLUTION establishing a meeting schedule for City Council for the Fiscal Year commencing July 1, 2015, and terminating June 30, 2016. 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, 2015, and terminating June 30, 2016. 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. The regular meeting on the first Monday in July, 2015, shall commence at 2:00 p.m. at which time Council shall take up the regular agenda. (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 4 —7, 2015, an exception is noted herein and the regular meeting scheduled to be held on Monday, October 5, 2015, is rescheduled to be held on Thursday, October 8, 2015, 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. 19911 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 3, 2015, which shall be held at Round Hill Elementary School Cafeteria, 2020 Oakland Boulevard, Roanoke, Virginia 24012 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. 8. This Resolution shall have no application to special meetings of City Council called pursuant to §10 of the City Charter. APPROVED ATTEST: Stephanie M. Moony s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40281-070615. A RESOLUTION authorizing the acceptance of funding for the regional drug prosecutor's office from the Compensation Board of the Commonwealth of Virginia and authorizing the acceptance, execution, and filing of appropriate documents to obtain such funds. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City of Roanoke hereby accepts funding for the regional drug prosecutor's office in the total amount of $106,701.00 from the Compensation Board of the Commonwealth of Virginia through June 30, 2016. 569 2. The City Manager is hereby authorized to accept, execute, and file on behalf of the City of Roanoke any and all documents required to obtain such funding. All such documents to be approved as to form by the City Attorney. 3. The local share for Fiscal Year 2015 - 2016 shall be in the amount of $55,375.00. 4. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding or with such project. APPROVED ATTEST: Stephanie M. Moon�noI MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40282-070615. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Regional Drug Prosecutor Grant, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries City Retirement 401 Health Savings Match FICA Medical Insurance Dental Insurance Life Insurance Disability Insurance 35- 150 - 4512 -1002 $100,876.00 35- 150 - 4512 -1105 20,821.00 35 -150- 4512 -1117 1,009.00 35- 150 - 4512 -1120 7,717.00 35 -150- 4512 -1125 12,228.00 35- 150 - 4512 -1126 664.00 35- 150. 4512 -1130 1,332.00 35- 150- 4512 -1131 282.00 570 Telephone Administrative Supplies Dues and Memberships Training and Development Other Rental 35- 150 - 4512 -2020 35 -150- 4512 -2030 35- 150 - 4512 -2042 35- 150 - 4512 -2044 35- 150 - 4512 -3075 Revenues Regional Drug Prosecutor FY16 -Comp Board 35- 150 - 4512 -4512 Regional Drug ProsecutorFY16 -Local Match 35- 150- 4512 -4513 1,000.00 3,147.00 1,000.00 3,000.00 9,000.00 106, 701.00 55,375.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon of MMC id A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40283 - 070615. A RESOLUTION accepting a U.S. Environmental Protection Agency Brownfield Assessment Grant to fund environmental assessments in the City on eligible properties and related activities, and authorizing execution of any required documents on behalf of the City in connection with such grant under certain conditions. 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 a U.S. Environmental Protection Agency Brownfield Assessment Grant in the amount of $200,000.00, with no local match, to provide funds to update property databases, engage property owners and the general public, and conduct environmental site assessments on select properties that wish to participate, all of which is more particularly described in the City Council Agenda Report dated July 6, 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 pertaining to the City's acceptance of the grant, such documents to be approved as to form by the City Attorney. 571 3. The City Manager is hereby authorized to take such further actions and execute all documents as may be necessary to implement and administer such grant, including establishing guidelines for the use of such grant funds, consistent with the terms of this resolution, with any such documents being approved as to form by the City Attorney. APPROVED ATTEST: -�h Stephanie M. Moon nol , MMC Da id A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6� day of July, 2015. No. 40284-070615. AN ORDINANCE appropriating funding from the United States Environmental Protection Agency for environmental site assessments and related training and development, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Fees for Professional Services Administrative Supplies Business Meals and Travel Revenues EPA Brownfield Hazardous Sites Assessment FYI 35- 615 - 8118 -2010 $ 192,000.00 35- 615 - 8118 -2030 3,000.00 35- 615 - 8118 -2144 5,000.00 35- 615 -8118 -8118 200,000.00 W�� Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon ReynoldY, MMC Davi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of July, 2015. No. 40285-070615. A RESOLUTION authorizing the acceptance of the Virginia Homeless Solutions Program Grant ( "Grant') to the City of Roanoke ( "City') by the Virginia Department of Housing and Community Development ( "DHCD ") in the amount of $90,685.00; 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 a Memorandum of Understanding with certain provider agencies. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Virginia Homeless Solutions Program Grant by the Virginia Department of Housing and Community Development ( "DHCD ") in the amount of $90,685.00, with a local in -kind match in the amount of $15,000.00 to be provided by the City for the Central Intake program, and a local in -kind match in the amount of $9,000.00 to be provided by Safehome Systems, Inc., such proceeds to be used during the term of the Grant beginning July 1, 2015, and ending June 30, 2016, all as more particularly set forth in the City Council Agenda Report dated July 6, 2015. The Grant will be used by the City and the provider agencies to assist eligible households experiencing homelessness to obtain and maintain housing, 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. 573 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 Memorandum of Understanding with each of 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 City's acceptance of this Grant. APPROVED ATTEST: Stephanie M. Moon Re olds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40286-070615. 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 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 630 -5404 -1002 $31,992.00 City Retirement 35- 630 -5404 -1105 6,879.00 401 H Health Savings Match 35- 630 - 5404 -1117 309.00 FICA 35- 630 - 5404 -1120 2,447.00 Medical Insurance 35- 630 - 5404 -1125 5,892.00 Dental Insurance 35- 630 - 5404 -1126 656.00 Life Insurance 35- 630 - 5404 -1130 408.00 Fees for Professional Services 35- 630 - 5404 -2010 2,586.00 Telephone 35- 630 - 5404 -2020 1,224.00 Administrative Supplies 35- 630 - 5404 -2030 2,500.00 574 Program Activities ESG- Council of Community Services Revenues VA Homeless Solutions FY16 35- 630 - 5404 -2066 9,000.00 35- 630 - 5404 -5618 26,792.00 35- 630 - 5404 -5404 90,685.00 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: Stephanie M. Moon R janolds, nMC DavidF-A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of July, 2015. No. 40287 - 070615. A RESOLUTION authorizing the acceptance of the Child Abuse and Neglect Prevention Program Grant ( "Grant') to the City of Roanoke ( "City') by the Virginia Department of Social Services in the amount of $50,000.00; and authorizing the City Manager to execute any documentation required to accept the Grant on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City of Roanoke hereby accepts the Child Abuse and Neglect Prevention Grant in the amount of $50,000.00, by the Virginia Department of Social Services, with a local in -kind match in the amount of $9,384.00 to be provided by the City and a cash match in the amount of $7,282.00 to be provided by the City, for the grant period to commence on July 1, 2015, for the purpose of providing parenting classes with an in -home component to 45 parents of children 0 - 5 years old identified by the City of Roanoke Department of Social Services (DSS) as at risk of abusing and neglecting their children, all as more particularly set forth in the City Council Agenda Report dated July 6, 2015, 2. The City Manager is hereby authorized to execute and file, on behalf of the City, the Grant agreement with the Virginia Department of Social Services and all '• necessary documents required to accept the Grant. All documents shall be upon form approved by the City Attorney. 575 3. The City Manager is further directed to furnish such additional information as may be required in connection with City's acceptance of this Grant. APPROVED ATTEST: Stephanie M. Moon Re olds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 61" day of July, 2015. No. 40288 - 070615. AN ORDINANCE to appropriate funding from the Virginia Department of Social Services for the Child Abuse and Neglect Prevention Program Grant, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Program Activities Revenues 35- 630 - 5212 -2066 $ 57,282.00 Child Abuse Prevention FYI —Federal PT 35- 630 - 5212 -5212 25,000.00 Child Abuse Prevention FYI — State 35- 630 -5212 -5213 25,000.00 Child Abuse Prevention FY16 — Local 35- 630 - 5212 -5214 7,282.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: j Y��,` Stephanie M. Moon Reyn :,; David A. Bowers City Clerk Mayor 576 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015, No. 40289-070615. AN ORDINANCE authorizing the conveyance of a waterline easement, containing approximately 20,368 square feet, with an approximate width of twenty (20) feet and approximate length of 250 feet, limited to 40 years in duration, across City - owned property known as Round Hill Elementary School, located at 2020 Oakland Boulevard, N. W., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 2250102, to the Western Virginia Water Authority ( "Authority "), upon certain terms and conditions; and dispensing with the second reading by title of this ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 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 waterline easement, containing approximately 20,368 square feet, with an approximate width of twenty (20) feet and approximate length of 250 feet, such easement limited to 40 years in duration, across City -owned property known as Round Hill Elementary School, located at 2020 Oakland Boulevard, N. W., Roanoke, Virginia, designated as Roanoke Official Tax Map No. 2250102, to the Authority, to provide a connection with the waterline located on Valley View Blvd., N. W., to be installed at the sole cost of the Authority for the purpose of increasing the fire flow to the neighborhood southeast of Round Hill Elementary School and to serve the new fire protection vault for the school, as more particularly set forth in the City Council Agenda Report dated July 6, 2015. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynold �` David A. bowers City Clerk Mayor 577 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40290 - 070615. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with AECOM Technical Services, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2014 - 2018); and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendments to the above mentioned Contract, as well as the Contract itself. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute additional Amendments as may be necessary to the City's Contract with AECOM Technical Services, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2014 - 2018), which includes providing some repair design services, all as more fully set forth in the City Council Agenda Report dated July 6, 2015. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the Contract and provided the total amount of all such Amendments will not exceed an additional $201,879.00, which includes an Amendment No. 1 for $196,879.00, all as set forth in the above Agenda Report. 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendments to the above mentioned Contract, as well as the Contract. All such documents shall be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Re olds, MC � avid A. Bowers City Clerk Mayor MEN IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40291-070615. A RESOLUTION authorizing the City Manager's issuance and execution of additional Amendments to the City's Contract with Mattern & Craig, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2014 - 2018); and authorizing the City Manager to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendments to the above mentioned Contract, as well as the Contract itself. BE IT RESOLVED by the Council of the City of Roanoke that: 1. The City Manager is hereby authorized, for and on behalf of the City, to issue and execute additional Amendments as may be necessary to the City's Contract with Mattern & Craig, Inc., for additional professional services for the second year of the City's Transportation Structures Inspection Program (2014 - 2018), which includes providing some repair design services, all as more fully set forth in the City Council Agenda Report dated July 6, 2015. 2. The form of such Amendments shall be approved by the City Attorney. 3. Such Amendments will provide authorization for additions to the work, with an increase in the amount of the Contract and provided the total amount of all such Amendments will not exceed an additional $178,339.52, which includes an Amendment No. 1 for $173,339.52, all as set forth in the above Agenda Report. 4. The City Manager is further authorized to take such actions and execute such documents as may be necessary to provide for the implementation, administration, and enforcement of such Amendments to the above mentioned Contract, as well as the Contract. Such documents shall be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reynolds �Davi owers City Clerk Mayor 579 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6f" day of July, 2015. No. 40292 - 070615. A RESOLUTION authorizing acceptance of certain funds from the Virginia Department of Emergency Management (VDEM), and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. The City Manager is hereby authorized on behalf of the City to accept from the Virginia Department of Emergency Management (VDEM) funds in the amount of $31,457.00, to reimburse the City of Roanoke for equipment, labor, training and response to hazardous materials incidents, as more particularly described in the letter of the City Council Agenda Report dated July 6, 2015. 2. The City Manager is hereby authorized to accept, execute and file, on behalf of the City, any documents setting forth the conditions of such funding in a form approved by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the acceptance of the foregoing funding. APPROVED ATTEST: Stephanie M. Motion Re ds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40293-070615. 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 responses and training and development, amending and reordaining certain sections of the 2015 - 2016 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. Me BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Training and Development Program Activities Program Activities Revenues Haz -Mat Response Grant FY13 Haz -Mat Response Grant FY14 Haz -Mat Response Grant FY15 35- 520 - 3236 -2044 $ 1,000.00 35- 520 - 3237 -2066 8,619.00 35 -520- 3238 -2066 21,838.00 35- 520 - 3236 -3276 1,000.00 35 -520- 3237 -3277 8,619.00 35 -520- 3238 -3278 21,838.00 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: JSt�ephanie M. Moon �RttsMC4 I Davi . owerW s City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015. No. 40294-070615, A RESOLUTION ratifying, confirming, and authorizing the City Manager's issuance and execution of Amendment No. 1 and Amendment No. 2 to the City's Contract with Lancor Parking, L.L.C.; authorizing Amendment No. 3 to the City's Contract with Lancor Parking, L.L.C., to adjust the monthly fee of such Contract, retroactive to July 1, 2015; and authorizing the City Manager to take certain other actions in connection with such Amendment. WHEREAS, the City entered into a Contract dated July 31, 2012, (Contract) with Lancor Parking, L.L.C., ( Lancor) for management and operation services of certain City owned or controlled parking garages and surface parking lots, for a monthly fee of $74,697.48; 581 WHEREAS, the Contract was amended July 1, 2014 to adjust the monthly fee and to increase the scope of services to provide for on- street parking enforcement and administration services (Amendment No. 1) and, pursuant to the provisions of Amendment No. 1, the monthly fee for the period of July 1, 2014 to June 30, 2015 was increased to $96,411.46.00; WHEREAS, the Contract was amended April 1, 2015 to reduce the scope of services and decrease the Contract amount due to the sale of Williamson Lot, located at 206 Williamson Road, S. E. (Amendment No. 2), and pursuant to the terms of Amendment No. 2, the monthly fee for the period of April 1, 2015 to June 30, 2015 was reduced to $94,871.93.00; WHEREAS, a third Amendment is now needed to adjust the monthly fee for the period of July 1, 2015 to June 30, 2016 (Amendment No. 3) which, pursuant to the provisions of Amendment No. 3, the monthly fee will be reduced to $93,706.43, as a result of cost - saving measures, retroactive to July 1, 2015; WHEREAS, in reviewing Amendment No. 3, it was discovered that, as a result of an inadvertent miscalculation, the increase in the monthly Contract amount set forth in Amendment No. 1 ($96,411.46) increased the Contract amount more than 25% over the original Contract amount by approximately $3,100.00 per month, and Amendment No. 1 should have been presented to City Council for authorization; all as more particularly set forth in the City Attorney's Letter to Council dated July 6, 2015; and WHEREAS, the services provided to the City under Amendment No.1 and Amendment No. 2 were completed as of June 30, 2015, and it is the interest of the City to ratify, confirm, and authorize the execution and performance of Amendment No. 1 and Amendment No. 2. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby ratifies, confirms, and authorizes Amendment No. 1 to the Contract between the City and Lancor dated July 1, 2014, which amended the monthly fee to $96,411.46 and increased the scope of services to provide for on- street parking enforcement administration services for the period of July 1, 2014 to June 30, 2015. 2. City Council hereby ratifies, confirms, and authorizes Amendment No. 2 to the Contract between the City and Lancor dated April 1, 2015, which reduced the scope of services and decreased the Contract amount due to the sale of the Williamson Lot, located at 206 Williamson Road, S. E., to $94,871.93 for the period of April 1, 2015 to June 30, 2015. 582 3. City Council, in accordance with the City Attorney's Letter to Council dated July 6, 2015, hereby approves Amendment No. 3 to the Contract between the City and Lancor dated July 1, 2015, amending the monthly fee to $93,706.43 for the period of July 1, 2015 to June 30, 2016 as set forth in such letter, retroactive to July 1, 2015. 4. The City Manager is hereby authorized to execute the Contract Amendment No. 3 with Lancor, such Amendment No. 3 to be substantially similar to the one attached to the above mentioned letter, and in a form approved by the City Attorney, and to take such further action and to execute such further documents as may be necessary to implement and administer such Amendment No. 3. 5. The City Manager is authorized to take such actions and to execute such documents as may be necessary to provide for the implementation, administration, and enforcement of all such Amendments to the above mentioned Contract with Lancor, as well as the Contract itself. 6. This Resolution shall take effect retroactive to July 1, 2015. APPROVED ATTEST: Stephanie M. Moon Reynol M avid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6t' day of July, 2015. No. 40295 -070615. 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 "); 583 WHEREAS, from time to time, certain of these State Code sections which are incorporated by reference in the City Code have been amended by the General Assembly; WHEREAS, such amendments are a matter of public record which are set forth in the Acts of Assembly and supplements and replacement volumes of the State Code; and WHEREAS, it is the desire of this Council that those provisions of the City Code which adopt by reference State Code provisions shall be fully consistent with enactments of the most recent Session of the General Assembly. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. The Code of the City of Roanoke (1979), as amended, a copy of which is on file in the City Clerk's Office, consisting of Chapters 1 through 36.2, each inclusive, is hereby readopted and reenacted. Such Code amendments heretofore and hereafter adopted shall continue to be known as the Code of the City of Roanoke (1979), as amended. 2. With respect to sections or provisions of the State Code incorporated by reference in the City Code, Council recognizes any amendments made to such sections or provisions of the State Code by the most recent Session of the General Assembly and hereby expresses the intent and ordains that such amendments to sections or provisions of the State Code incorporated by reference in the City Code shall be included in the City Code verbatim as enacted by the most recent Session of the General Assembly. 3. Any reference in the City Code to any section, article or chapter from former Titles of the State Code shall be deemed and construed to apply to the successor section, article or chapter of the State Code, comparable sections being set out in Tables of Comparable Sections for certain Repealed and Revised Titles published in Volume 10. 4. Pursuant to Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynold , MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 6" day of July, 2015, No. 40296-070615. AN ORDINANCE amending and reordaining Section 36.2 -311, Use table for residential districts; Section 36.2 -312, Dimensional regulations for residential districts; Section 36.2 -315, Use table for multiple purpose districts; Section 36.2 -316, Dimensional regulations for multiple purpose districts; Section 36.2 -322, Use table for industrial districts Section 36.2 -326, Procedural requirements for planned unit development districts; Section 36.2 -327, Use table for planned unit development districts; Section 36.2 -405, Bed and breakfast; repealing Section 36.2 -412, Group care facilities; amending and reordaining Section 36.2 -418, Motor vehicle or trailer paintinq and body repair; Section 36.2 -429, Temporary uses; Section 36.2 -540, Zoning amendments; Section 36.2 -560, Special exceptions; Section 36.2 -561, Variances; Section 36.2 -562, Appeals to board of zoning appeals; Section 36.2 -563, Appeals from board of zoning appeals; Section 36.2 -571, Zoning violations; Section 36.2 -644, Overall tree canopy requirements; repealing Section 36.2 -645, Street yard trees; amending and reordaining Table 652 -2, Reguired Parking Spaces; Section 36.2 -653, Maximum Parking: Section 36.2 -654, Parking and loading area standards; Table 654 -1, Parking and Loading Area Standards; Table 668 -1, Type. Number. and Size of On- Premises Signs; Section 36.2 -669, Changeable copy signs and electronic readerboard skins - Section 36.2 -834, Quorum and vote; Section 36.2 -836, Rules and records; Section 36.2 -837, Powers and duties; Section 36.2 -841, Powers and duties; Appendix A, Definitions; Appendix B. Submittal requirements, B -1, Basic Development Plan; of Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended; for the purposes of amending and reordaining, combining and renumbering, adding or repealing, the following code sections to update, clarify and make the City's zoning ordinance easier to use for its citizens and consistent with state law; providing for an effective date; and dispensing with the second reading of this ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 36.2, Zoning, of the Code of the City of Roanoke (1979), as amended, is hereby amended and reordained, to read and provide as follows: Section. 36.2 -311. Use table for residential districts. District RA R -12 R -7 R -5 R -3 RM -1 RM -2 RMF Supplemental Regulation Section Accommodations and Group Living Uses Group care facility, congregate home, elderly Group care facility, congregate home, not otherwise listed Group care facility, group care home Group care facility, halfway house Group care facility, nursing home Group care facility, transitional living facility Accessory Uses Home occupation, P P personal service S S S S — S PS S S S S — PS',.. P P P 36.2 -413 S S S S S S 362-405 586 Section. 36.2 -312. Dimensional regulations for residential districts. District RA R -12 R -7 R -5 R -3 RM -1 RM -2 RMF Where a maximum lot frontage is specified for a district, such maximum shall apply to only one frontage of a corner lot. A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. Section. 36.2 -315. Use table for multiple purpose districts. District MX CN CG 'CLS D IN 'ROS OF 'Supplemental Regulation Section Accommodations and Group Living Campground '.S S S S Group care S _ facility, congregate home, elderly Group care S '— facility, nursing home Assembly and Entertainment Uses Place of worship P P P P P P Accessory Uses Homestay S P P P P P 36.2 -405 587 Section. 36.2 -316. Dimensional regulations for multiple purpose districts 'property 45 not abutting a residentia I district Impervious 70 surface area maximum (percentage of lot area) 45 None None 100 85 80 None I40 ROS OF 35 60 1 foot for each Moot of 'setback from any abutting residenti allot. not to exceed 60 feet 3560 60 100 80 1580 ,100 + 'Except townhouses and multifamily dwellings, minimum facade transparency for these uses is 20 percent. W here a maximum lot frontage is specified, the maximum shall apply only to a primary street frontage as determined by application of Section 36.2- 319(b). A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. MX CN 'CG CLS 'D IN 'ROS OF Lot Minimum 5,000 5,000 10,000 43,560 None None None None area Maximum None 87,120 130,680 '.None None 217,800 None 87,1 -28 (square setback I district from any '., '.. 130.6A0 feet) abutting 'abutting '.. '.. residentia residenti lot at lot' 'property 45 not abutting a residentia I district Impervious 70 surface area maximum (percentage of lot area) 45 None None 100 85 80 None I40 ROS OF 35 60 1 foot for each Moot of 'setback from any abutting residenti allot. not to exceed 60 feet 3560 60 100 80 1580 ,100 + 'Except townhouses and multifamily dwellings, minimum facade transparency for these uses is 20 percent. W here a maximum lot frontage is specified, the maximum shall apply only to a primary street frontage as determined by application of Section 36.2- 319(b). A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. '.. MX CN CG CLS '.D N Height Property '.45 45 '.. 45 1 foot for 1foot for '40 maximum abutting each foot each foot (feet) a of of residentia setback setback I district from any from any abutting 'abutting '.. '.. residentia residenti lot at lot' 'property 45 not abutting a residentia I district Impervious 70 surface area maximum (percentage of lot area) 45 None None 100 85 80 None I40 ROS OF 35 60 1 foot for each Moot of 'setback from any abutting residenti allot. not to exceed 60 feet 3560 60 100 80 1580 ,100 + 'Except townhouses and multifamily dwellings, minimum facade transparency for these uses is 20 percent. W here a maximum lot frontage is specified, the maximum shall apply only to a primary street frontage as determined by application of Section 36.2- 319(b). A numeric entry means the dimension shall apply based on the unit of measurement indicated. "Yes" means the requirement applies. "No" means the requirement does not apply. "None" means there is no requirement. 41006 Section. 36.2 -322. Use table for industrial districts. District I -1 1 -2 ',AD ',Supplemental Regulation Section Assembly and Entertainment Uses Amphitheatre '.P ',P District I -1 1 -2 LAD Supplemental Regulation Section Entertainment establishment, abutting P P residential district Entertainment establishment, not abutting a P P residential district Park or playground 'P 'P P —" Recreation, outdoor P P P Accessory Uses Outdoor recreation facility lighting or sports P P P 36.2 -403 stadium lighting Section. 36.2 -326. Procedural requirements for planned unit development districts. (1) The procedure for establishing or amending a PUD plan shall be as prescribed in Sections 36.2 -540, Zoning Amendments; and 36.2 -541, Conditional Rezonmgs, if applicable, I :' Section. 36.2 -327. Use table for planned unit development districts. ',,MXPUD INPUD IPUD Supplemental Regulation S Section e accommodations and Group Living 6ampground P P At Group care facility, congregate home, elderly, P P — 6roup care facility, congregate home, not '.. P !- @therwise listed _ Proup care facility, group care home P — Group care facility, halfway house P — (Sroupcarefacility,nursinghome P P group care facility, transitional living facility P _ Section 36.2 -405. Bed and breakfast and homestay establishments. (a) Applicability. The supplemental regulations set out in this section shall apply to bed and breakfast and homestay establishments permitted by this chapter as of right or by special exception. ^^tents.- -k-aey and - breakfast establishments are ^ ^,i••°'"bbli�ated -tea a- siagte- family -de . ae4ed- dwelling- (e)(b) General Standards for bed and breakfast establishments. (1) Such establishments shall be located within a single - family detached dwelling. �sI0; (1)(2) No exterior changes to the single - family detached dwelling occupied by the bed and breakfast shall be permitted unless such change is required by the Zoning Administrator for safety purposes or such change can be shown to be in harmony with the structure's architectural and historic value. (2 )(3) The owner of the single - family detached dwelling occupied by the bed and breakfast establishment shall reside in the dwelling. 4)(4) No more than six (6) guest sleeping rooms shall be utilized for a bed and breakfast establishment and the number of guest occupants shall not exceed twelve (12). (4)(5) Rooms shall be rented only on a daily basis. (5)(6) One (1) sign attached to the building shall be permitted. Such sign shall have a sign area not exceeding two (2) square feet and shall not be illuminated. (6)(7) Only accessory uses or structures which are incidental and subordinate to a single - family detached dwelling shall be permitted in conjunction with a bed and breakfast establishment. (c) Standards for homestay establishments. (1) No changes shall be made to the exterior of the building occupied by the homestay. (2) The homestay shall have no more than two (2) bedrooms for guests and shall accommodate no more than four (4) total guests. (3) Rooms shall be rented only on a daily or weekly basis. Stays shall not exceed 14 days. (4) The owner or leaseholder shall also occupy the dwelling unit during guest Stays Section. 36.2 -412. Gfeup- care - facilities. (Reserved) (a) Purpose. The ., ^tent of the fegulatioas- f th+s- sectiefrks to- pemni development of -group are- fia�fities- in- agpfepFje4E_ ^ ^„�.�;� ^ ^� _t#reugheut the- 6+ ty- Ee- e„�fe- eefnpatibility- dt2hese uses within the n- Olkrofheeds -in whion they — are - aooated� and -to- establish Standard s_- lo- _ercoafage_an adequate- quakty-of � - trsersef6ccWfacilities fb) Appkab#4y, -Tl,_— s�jppler»eniaf- his -ef this shall a•ply�to �Y- 9�iilty- permitted -by�hk ehapter- 591 - _ _ G, per €tPA -2 889 RM€ a88 Mx 499 INPUD, IVIXPUB 399 A- e faeilit shall r lde ^ domed (10000) feet a f3) g�� r �ti�-c rte" usable -& p Section. 36.2 -418. Motor vehicle or trailer painting and body repair. (c) Additional standards in the I -1 and 1 -2 Districts. In addition to the general standard set forth in subsection (a), above, a motor vehicle or trailer painting and body repair establishment in the Light Industrial District (1 -1) or the Heavy Industrial District (1 -2) shall be subject to the following requirements: 592 (2) The outdoor storage area shall be accessory to a building on the same lot and shall have a maximum area of no greater than eighty (80) percent of the gross floor area of the building., and Section. 36.2 -429. Temporary uses. (e) Public events. For purposes of this section, a 'public event' means an event, series of events, or organized activities for a historical, social, educational, cultural, or special theme, held for a limited period of time and open to the public. Temporary public events shall include, without limitation, carnivals, festivals, exhibits, outdoor dance, fundraisers, fairs, and concerts. Camping areas for tents and recreational vehicles may be established on properties within 1,000 feet of the public event for the duration of the public event. Public events, including associated temporary structures such as tents, shall be permitted as set forth in Table 429 -1, except that: (1) The following public events shall be exempt from the requirements of a zoning permit: (A) Events that use no tents or air - supported structures that: (i) Cover an area greater than nine hundred (900) square feet; or (ii) Have an occupant load greater than fifty (50) persons. (B) Events that use no temporary structures greater than one hundred twenty (120) square feet in area; (C) Events that are accessory in nature to the primary use of the property on which the event is being held; (D) Events that do not use amusement devices requiring a building permit; and (E) Events lasting four (4) days or less. (2) A temporary structure, including any tent, may be permitted to remain on site for a period of not more than two (2) calendar days following the time period for which the zoning permit for the temporary public event is issued; (3) Adequate provision shall be made for utility services; and (4) Such public event shall not occur between the hours of 2:00 a.m. and 6:00 a.m. 593 Section. 36.2 -540. Zoning amendments. (f) Notice of hearing. Prior to conducting any public hearing required by this chapter before the City Council or the Planning Commission, notice shall be given as required by Section 15.2 -2204 of the Code of Virginia (1950), as amended. The expense of advertising shall be borne by the applicant. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2 -107 of the Code of Virginia (1950), as amended. Any affidavits required by Section 15.2 -2204, Code of Virginia (1950), as amended, shall be filed with the City Clerk. In addition, and as a courtesy to the general public, at least ten (10) business days prior to the public hearing before the Planning Commission, the Zoning Administrator shall erect a sign indicating the zoning district requested, identification of the subject property, and the time, date, and place of such public hearing as set forth in the schedule below: Scope of Rezoning Sign Posting Requirements Application Application to rezone 1 -25 ,1 sign per street frontage of contiguous subject tax parcels, or portion thereof ',tax parcels Application to rezone 26 -100 '.1 sign per intersection constituting the perimeter tax parcels, or portion thereof of the area proposed to be rezoned Comprehensive rezoning No sign posting required (over 100 properties) Failure by the zoning administrator to comply with the requirement of posting a sign on the subject property shall not be a ground for cancelling, rescheduling or continuing a public hearing at the request of any applicant or interested person or entity on any matter otherwise properly advertised for public hearing in accordance with Section 15.2 -2204 of the Code of Virginia (1950), as amended. No decision or recommendation by either the Planning Commission for the City of Roanoke, the City Council for the City of Roanoke or the Board of Zoning Appeals for the City of Roanoke shall be subject to challenge solely on the ground that the zoning administrator failed to comply with the requirement of posting a sign on the subject property. 594 Section. 36.2 -560. Special exceptions. (b) Procedures. (1) Applications for special exceptions may be made by any property owner, tenant, government official, department, board, or bureau. Such application shall be filed with the Zoning Administrator in accordance with rules adopted by the Board of Zoning Appeals. Upon receipt of a complete application for a special exception, the Board of Zoning Appeals shall hold a public hearing after giving notice as provided in Section 15.2 -2204, Code of Virginia (1950), as amended. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first class mail rather than by registered or certified mail. In addition to meeting the requirements of Section 15.2 -2204, and as a courtesy to the general public, the Zoning Administrator shall erect a sign indicating the nature of the special exception requested, identification of the .., subject property, and the time, date, and place of such public hearing at least ten (10) business days prior to the public hearing before the Board of Zoning Appeals. Failure by the zoning administrator to comply with the requirement of posting a sign on the subject property shall not be a ground for cancelling, rescheduling or continuing a public hearing at the request of any applicant or interested person or entity on any matter otherwise properly advertised for public hearing in accordance with Section 15.2 -2204 of the Code of Virginia (1950), as amended, No decision or recommendation by either the Planning Commission for the City of Roanoke, the City Council for the City of Roanoke or the Board of Zoning Appeals for the City of Roanoke shall be subject to challenge solely on the ground that the zoning administrator failed to comply with the requirement of posting a sign on the subject property. The expense of legal advertisement required by Section 15.2 -2204 shall be borne by the applicant. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2 -107 of the Code of Virginia (1950), as amended, Section. 36.2 -561. Variances. (b) Procedures. 595 (1) Applications for variances may be made by any property owner, tenant, government official, department, board, or bureau. Such application for a variance shall be filed with the Zoning Administrator. Upon receipt of a complete application for a variance, the Board of Zoning Appeals shall hold a public hearing after giving notice as provided in Section 15.2 -2204, Code of Virginia (1950), as amended. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first class mail rather than by registered or certified mail. No variance shall be aofher +zed-considered except after such appeal, notice, and public hearing. The expense of legal advertisement shall be borne by the applicant. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2 -107 of the Code of Virginia (1950), as amended. (c) Standards for considering a variance. Notwithstanding any other provision of law, general or special, a variance shall be granted if the evidence shows that the strict application of the terms of the ordinance would unreasonably restrict the utilization of the property or that the granting of the variance would alleviate a hardship due to a physical condition relating to the property or improvements thereon at the time of the effective date of the ordinance, and (1) the property interest for which the variance is being requested was acquired in good faith and any hardship was not created by the applicant for the variance; (2) the granting of the variance will not be of substantial detriment to adjacent property and nearby properties in the proximity of that geographical area (3) 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, (4) the granting of the variance does not result In a use that is not otherwise permitted on such property or a change in the zoning classification of the property, and 596 (5) the relief or remedy sought by the variance application is not available through a special exception process or the process for modification of a zoning ordinance at the time of the filing of the variance application. (c) e, -- Whenever -a pn>perty- owner - -can show-that - th-- owner' s-Preperty- wasacgaired i+rgoed- faith and - where -by ree^, f shape-ef a spee441t-194eee-oftxepertyat the- tlme-ef -the effestive date of the ordinance, er-- where by-- rease+r -e -e ceptionaF- Fepegraphie sondibens or-- -other extraere ie," -sifter err - or- -sond+ lien-. of�he..p ece -of - {xoperty,- -or - of- the cendifier- silua4ion - -or -- development -ef- property- lmirte4iae4y adjacent thereto-,— the -- strict.. app4eation. _of-- the-terms —ef -21be ordinance would effect:.&,, � unreasorkabFy_ restrict -{#+etAOizatierr of the- prepertymr where -the - beard - issatis€ied -, .open...- the-•evidence- heard -by it,- -that - the granting-o€44&-variance w4afeviate a- lear4dierrenstra>4e hardship., -as dis4r+9u4shed from a-�pecia4 -- privilege - -or - convenience - Sought- by -tl-te applicant- predufedthat,'A vananses sha11 be in harmony - witr�the- 44&Rd-ed spirit- and- PurPeseof- theerdinance. No-such-variance- shaltbe auther+zed -bythe beard - unless+444 ds That - the- sthct- aPp4iea4 one€ theerd ranee would produce undue hardship- relating-to the-Property; Ll- -._ The thehardship- is-f+ot shared - penera4"y-ether- properties inthe same - zon t innrydisme,�m=,�.,, •�,. sarne_vic"ry and -- --That the- auihorizahen wi4f- not- be- - of—,ubsiao4al detriment- te- adjaee,�t Gleedy and -that - the - character -of- the - district wi4400t be ohangeCf-by the.gfa4jtfag-of4he- variance No-vane- Rce- ,haill-be- autherized nless-ihe- beard -finds t4+attt+e- Goo ditien or_S4fuat+en -ef net -of -SO generator-reeurrJng..a nature - astomake-- reasenaW"racticable the fena}ula4en- ef- a- general reguldAciote -he adopted-as an amend+aent4o-the- erdinancs (d) Conditions and guarantees. In grantingauther+z+r+g 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 that the conditions imposed are being and will continue to be complied with. a 597 (e) Conforming status. Notwithstanding any other provision of law, general or special, 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 -562. Appeals to board of zoning appeals. (b) Procedures. (3) Upon receipt of a notice of appeal, the Board of Zoning Appeals shall fix a reasonable time for the hearing of the appeal and make its decision within ninety (90) calendar days of the filing of the appeal. Notice of the public hearing shall be given as provided by Section 15.2 -2204, Code of Virginia (1950), as amended. However, when giving any required notice to the owners, their agents, or the occupants of abutting property and property immediately across the street or road from the property affected, the Board may give such notice by first -class mail rather than by registered or certified mail. Fees for such advertisements shall be as set forth in the City of Roanoke's Fee Compendium and as adopted by City Council in accordance with Section 15.2 -107 of the Code of Virginia (1950).. as amended. Section. 36.2 -563. Appeals from board of zoning appeals. (d) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter, it may take evidence or appoint a commissioner to take evidence as it may direct and report the evidence to the court with his findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made. The court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (f) In the case of an appeal by a person of any decision of the Board of Zoning Appeals that denied or granted an application for a variance, of appkoat+Gr fer-a- -&peeol-- s 4644 -the decision of the Board of Zoning Appeals shall be presumed to be correct. The petitioner may rebut that presumption by proving by a preponderance of the evidence, including the record before the board of zoning appeals, that the board of zoning appeals erred in its decision 4sta .,__... ._ �I�co .... ........... of-�R -that pur6ose-and �,.,. ^ rr ',.the- zoningc� (g) In the case of an appeal by a person of any decision of the board of zoning appeals that denied or granted application for a special exception, the decision of the board of zoning appeals shall be presumed to be correct. The petitioner may rebut that presumption by showing to the satisfaction of the court that the board of zoning appeals applied erroneous principles of law, or where the discretion of the board of zoning appeals is involved, the decision of the board of zoning appeals was plainly wrong, was in violation of the purpose and intent of the zoning ordinance, and is not fairly debatable. (g)(h) Costs shall not be allowed against the Board, unless it shall appear to the court that it acted in bad faith or with malice in making the decision appealed from. In the event the decision of the Board is affirmed and the court finds that the appeal was frivolous, the court may order the person or Persons who requested the issuance of the writ of certiorari to pay the costs incurred in making the return of the record pursuant to the writ of certiorari. If the petition is withdrawn subsequent to the filing of the return, the Board may request that the court hear the matter on the question of whether the appeal was frivolous. Section. 36.2 -571. Zoning violations. (b) Procedures upon discovery of violation. If the Zoning Administrator finds that any provision of this chapter is being violated, the Zoning Administrator shall provide a written notice to the owner or the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. 599 Section. 36.2 -644. Overall tree canopy requirements (a) Definition of tree canopy. For purposes of this section, "tree canopy" shall include all areas of coverage by existing plant materials exceeding five (5) feet in height, and the extent of planted tree canopy at maturity shall be based on the "canopy at 20 years" as set forth in Table 642 -1. Where an existing tree is not listed in Table 642 -1, "canopy at maturity' shall be based on the published reference text, Manual of Woody Landscape Plants, fifth edition, 1998, by Michael A. Dirr. (b) Applicability. (44- - Th,s� _- -shall apply-- te- ,ar*Y- devefepm -hat -. requires submissi an, -of-a-comprefrerri_ development -plan- ci basie development-p.arr- except- that: - dedicate'' -,shooF- sites; - playing fields; - and -eN e r Gnwooded4eereallor ,areas: -- and! - otheFfac i ties and -uses ota-srrrllar nature, sh,44 -be exempt fce rn the requirements o"Irns sectoo- (A) Dedicated school sites, playing fields, and other nonwooded recreation areas, and other facilities and uses of a similar nature, shall be exempt from the requirements of this section. (B) Construction of an addition to or accessory structure associated with an existing single family or two - family dwelling, provided that no required trees are removed as part of the project, shall be exempt from the requirements of this section. Section. 36.2 -645, Street trees. (Reserved) �- e Table 652 -2. Required Parking Spaces Use Minimum Number of Parking Spaces Required Maximum', Calculated as 1 Space for Each Specified Unit L Parking Public, Institutional or Community Facilities Community garden None y Section. 36.2 -653. Maximum parking. (d) Maximum parking standards may be exceeded with the approval of the Board of Zoning Appeals, subject to the following provisions: (2) The total number of parking spaces created for any use shall be established by the Board, but in no case shall the total number of parking spaces provided exceed two hundred (200) �nefed seventy - five- {1454 --percent of the minimum number of spaces required; and Section. 36.2 -654. Parking and loading area standards. (b) Construction and location standards. Parking and loading areas shall comply with the construction standards listed below and as shown in Table 654.1: C_ -9 2 (645) In any PUD District, the parking and loading area standards will be established on the development plan. 601 Table 654 -1. Parking and Loading Area Standards Dimensional Standards: Front yard coverage: 30 percent of the lot area between the No maximum Maximum area of driveways right -of -way and the building line and parking areas in established front yard Exception. The maximum area specified shall not apply to any areas where a permeable paver system a used. Width: Cumulative width of Cumulative width of driveway Cumulative width of all driveway entrances at entrances shall not exceed 30 percent driveway entrances shall frontage of the lot frontage not exceed 30 percent of the lot frontage Exception; 'Exception: Exceptions- 18 feet minimum width for 10 feel minimum width for all lots all lots The maximum width specified shall not apply to any areas where a permeable paver system is used Width: Minimum individual 30- feet -7 feet i R -12, R -7, R -5, R -3, R -A, driveway width (applies '€sseptryrr IRM -1 between right -of -way and 'rctual pa.a f ,4lpwfatdveway -May as One way: 10 feet building line) 'reduceol to 8 -5 feet foesaN<ipavin9 and Two way: 18 feet '.7 fe^ ',:, &driveways (widtkt-ea , here 14TeaI fer- purpose RM -2, RMF, all multiple of oaloulathh sh purpose districts One way: 12 feet Two way: 15 feet Industrial districts One way: 12 feet Two way: 18 feet Width: Maximum individual 20 feet or half of the front lot line R-1 2, R -7, R -5, R -3, R -A, driveway width (applies length, whichever is less RM -1 between right-of -way and One way: 12 feet building line) Exceptions'. Two way: 24 feet For lots having a primary street frontage of 90 feet or greater, the RM -2, RMF, all multiple maximum width shall be 30 feel purpose districts Maximum driveway width shall not One way: 15 feet apply to any areas where a permeable Two way: 24 feel pave, system is used. Industrial districts One way: 18 feet Two way: 30 feet !01$Fj Table 668 -1. Type, Number, and Size of On- Premises Signs District Type Maximum I Maximum Sign Maximum Sign Maximum Permitted Permitted Number of Area Area Height Characteristics Signs CLS Free 1 sign 1 sf per If of lot 150 sf per sign 25 ft Illuminated standing structure poa frontage 'structure Changeable copy for first 200 Electronic '.. linear feet of readerboard lot frontage. 1 zddilionnl sign for each lsddl6onal 200 feel of IOUrontage up to 4 signs Distinct Type Maximum Maximum Sign Maximum Maximum Permitted Permitted Number of Area (Sign Area (Height Characteristics '.. Signs CLS Building- None 32 at plus 1 at None : Not Illuminated mounted per If of Applicable Changeable copy building face or Electronic '.. storefront over maderboard 32 It, plus additional area per § 36.2 -677 Upper -story None 10% of facade None Not Illuminated area, .Applicable maximum 300 sf Section. 36.2 -669. Changeable copy signs and electronic readerboard signs. (b) Electronic readerboard signs shall be subject to these requirements: (3) An electronic readerboard in a CN, D, IN, or CG District shall not exceed twenty -five (25) square feet in sign area. Section. 36.2 -834. Quorum and vote. 603 (c) The board shall offer an equal amount of time in a hearing on any case to the applicant, appellant or other person aggrieved that it offers to the staff of the City of Roanoke. Section. 36.2 -836. Rules and records. (d) Ex parte communications, proceedings. (1) The non -legal staff of the governing body may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited. (2) Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the board.. shall be made available without cost to such applicant, appellant or other aggrieved person, as soon as practicable thereafter, but in no event more than three business days of providing such materials to a member of the board. If the applicant, appellant or other aggrieved person requests additional documents or materials be provided by the locality other than those materials provided to the board, such request shall be made pursuant to Section 2.2 -3704 of the Code of Virginia (1950), as amended. Any such materials furnished to a member of the board shall also be made available for public inspection pursuant to subsection F of Section 2,2 -3707 of the Code of Virginia, (1950), as amended. (3) For the purposes of this section, "non -legal staff of the governing body' means any staff who is not in the Office of the City Attorney for the City of Roanoke, or for the board, or who is appointed by special law or pursuant to Section 15.2 -1542 of the Code of Virginia (1950), as amended. Nothing In this section shall preclude the M board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney - client privilege or other similar privilege or protection of confidentiality. (4) This section shall not apply to cases where an application for a special exception has been filed pursuant to Section 36.2 -560. Section. 36.2 -837. Powers and duties. (a) Appeals to the Board. The Board shall have the power to hear and decide appeals from any order, requirement, decision, or determination made by the Zoning Administrator in the administration or enforcement of this chapter, pursuant to the procedures of Section 36.2 -562. The decision on such appeal shall be based on the board's judgment of whether the zoning administrator was correct. The determination of the zoning administrator shall be presumed to be correct. At a hearing on an appeal, the zoning administrator shall explain the basis for his or her determination after which the appellant has the burden of proof to rebut such presumption of correctness by a preponderance of the evidence. The board shall consider any applicable ordinances, laws, and regulations in making its decision. For purposes of this section, determination means any order, requirement, decision or determination made by the zoning administrator. Any appeal of a determination to the board shall be in compliance with this section, notwithstanding any other provision of law. general or special. (b) Variances. Notwithstanding any other provision of law.. general or special, theThe Board shall have the power to authorize variances from the terms of this chapter, pursuant to the procedures and standards set forth in Section 36.2 -561. The burden of proof shall be on the applicant to prove by a preponderance of the evidence that his application meets the standards for a variance as defined in Appendix A and the criteria set forth in Section 36.2 -561. Section, 36.2 -841. Powers and duties. (c) Modifications. The Zoning Administrator shall have the authority to grant a modification from any provision of this chapter with respect to physical requirements on a lot, including but not limited to size, height, location, or features of or related to any building, structure, or improvements, pursuant to the procedures and standards set forth below. 605 (3) The Zoning Administrator shall authorize a modification only if the Zoning Administrator finds in writing all three (3) of the following: (A) That the strict application of this chapter would unreasonably restrict the utilization of the propertypreduee uaduehardship relating to- iheerope #y; (B) That such hardship is not shared generally by other properties in the same zoning district and the same vicinity; and (C) That the authorization of such modification will not be of substantial detriment to adjacent property and that the character of the zoning district will not be changed by the granting of the modification. Appendix A. Definitions Campground: an establishment that provides campsites for temporary occupancy by recreational vehicles, tents, or other such enclosures designed as temporary living quarters, and that provides on -site restroom and bathing facilities. Homestay: an establishment that offers for compensation a portion of any dwelling unit for overnight stays to guests, and not meeting the definition of a bed and breakfast. Variance: a reasonable deviation from those provisions regulating the shape, size or area of a lot or parcel of land, or the size, height, area, bulk or location of a building or structure when the strict application of the zoning ordinance would unreasonably restrict the utilization of the property ,result -in- unnecessary -.ter Ta� - ffie- prepe+#y -ewneF and such need for a variance would not be shared generally by other properties, and provided such variance is not contrary to the lntended-splrit- and - purpose of the ordinance;-aad- would- result {en e. It shall not include a change in use which change shall be accomplished by a rezoning or by a conditional zoning. M Appendix B. Submittal requirements B -1. Basic Development Plan (b) A basic development plan submitted for approval shall include a completed application form, accompanied by payment of the required fees, and three (3) copies of a survey plot plan or a basic site plan drawing outlining the following information: (10) Delineation of all landscaping required pursuant to the regulations of Article 4 and Article 6 of this chapter, including: (A) Location, size, and description of all required planting areas and planting materials; however, such details on required tree canopy need not be specified and may be substituted by a statement on the plan indicating the amount (square feet) of required overall tree canopy to be provided before a ,.. certificate of occupancy is issued. 2. This ordinance will become effective immediately upon adoption. 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. R olds, MC David A. Bowers City Clerk Mayor I 607 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of July, 2015. No. 40297-072015. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel 35- 520 - 3345 -2064 $15,995.00 Revenues Fire Program FY15 35 -520- 3345 -3345 15,995.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: M. n* Stephanie Moon Reynolds, TC Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 2& day of July, 2015. No. 40298 - 072015. A RESOLUTION acknowledging and recognizing the PY2014 Workforce Investment Act ( "WIA ") and Workforce Innovation and Opportunity Act ( "WIOA ") funding from the Virginia Community College System in the amount of $15,000.00 for the PY2014 WIA Transition funds for WIOA Transition Activities, for the award period of January 1, 2014, through December 31, 2015, the foregoing funding to be administered by the Western Virginia Workforce Development Board ( "WDB "). newoo WHEREAS, pursuant to the WIA and the WIOA that was enacted on July 22, 2014 and replaces the WIA, federal funding is provided to support various programs in support of various client populations as more particularly described in the City Council Agenda Report dated July 20, 2015; and WHEREAS, on February 28, 2013, the WDB was designated as the fiscal agent for WIA funds and administers the federal funds provided by WIA through the Virginia Community College System for Local Workforce Area III, the designated area which encompasses the counties of Alleghany, Botetourt, Craig, Franklin, and Roanoke, and the cities of Covington, Roanoke, and Salem. THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Council acknowledges and recognizes for the purpose of administering the Western Virginia Workforce Development Board, the PY2014 WIA and WIOA funding in the amount of $15,000.00 from the Virginia Community College System, with no local match from the City, to be used during the award period of January 1, 2014, through December 31, 2015, for the purpose of administering the PY2014 WIA Transition funds for WIOA Transition Activities, as more particularly set out in the City Council Agenda Report dated July 20, 2015. 2. The City Manager is directed to furnish such additional information as may be required in connection with the acknowledgement and recognition of the foregoing funding. 3. The City Clerk is directed to provide an attested copy of this Resolution to the Western Virginia Workforce Development Board. APPROVED ATTEST: Stephanie M. Moon Reynolds! MMC David A. Bowers City Clerk Mayor C099R, IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of July, 2015. No. 40299-072015. A RESOLUTION authorizing and directing the City Treasurer to refund to Glenn D. Cowden an overpayment of an erroneous assessment of real estate taxes, including any penalties and interest, on real property located on 0 Lilac Avenue, N. W., Roanoke, Virginia, bearing Official Tax Map No. 2631010, previously owned by Glenn D. Cowden (the "Parcel') for the 2015, 2014, 2013, and 2012 tax years, together with interest at the annual rate of 10 %, in accordance with the provision of Section 58.1 - 3981.A of the Code of Virginia (1950) as amended; and authorizing the proper City officials to take such other actions as may be necessary to implement, administer, and enforce this Resolution. WHEREAS, the City's Commissioner of the Revenue has determined and certified, and the City Attorney consented, as further stated in the City Attorney's letter to this Council dated July 20, 2015, that, as a result of an indexing error Glenn D. Cowden has paid real estate taxes due on the Parcel at a time with Glenn D. Cowden was not the owner of the Parcel and is entitled to a refund of the taxes, interest and penalties paid by Mr. Cowden, together with interest at the annual rate of 10% for tax years 2012 through and including 2015 in the aggregate amount of $869.81. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. Pursuant to Section 58.1- 3981.A of the Code of Virginia (1950) as amended, and the certification of the Commissioner of the Revenue, with the consent of the City Attorney, the City Treasurer is hereby authorized and directed to refund to Glenn D. Cowden the amount of $869.81 which amount reflects the payment of real estate taxes made on the Parcel as a result of an erroneous billing of taxes for tax years 2012 through and including 2015, and together with penalties and interest, at the annual rate of 10% from the dates of such payments. 2. The proper City officials are authorized to take such other actions as may be necessary to implement, and enforce this Resolution. APPROVED ATTEST: ✓ \fir ) Stephanie M. Moon Rey ds, C David A. Bowers City Clerk Mayor 610 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of July, 2015. No. 40300 - 072015. AN ORDINANCE amending Section 2- 178.1, Interest rates on overdue accounts, of Article VIII, Finance Generallv, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, to provide for the assessment of interest on the principal amount only, of delinquent non -tax accounts receivables owed the City, as authorized pursuant to Section 15.2 -105 of the Code of Virginia (1950) 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- 178.1, Interest rates on overdue accounts, of Article VIII, Finance Generallv, of Chapter 2, Administration, of the Code of the City of Roanoke (1979), as amended, is amended and reordained to read and provide as follows: Sec. 2-178.1. - Interest rates on overdue accounts. Interest at the rate established by section 15.2 -105, Code of Virginia (1950), as amended, shall be assessed upon the principal and-- pena{ty- err - any- everdae -city ac^ �` ^>�slud+nQ- hax- ac�eunts, and- waie�and- ,ewer-csount ,owed on any overdue city account, excluding tax accounts, from the first day following the day such account is due. No interest shall be assessed on any penalties assessed Dursuant to this section. 2. Pursuant to §12 of the Roanoke City Charter the second reading of this ordinance by title is hereby dispensed with. 3. This ordinance shall be in full force and effect immediately upon its adoption. APPROVED ATTEST: Stephanie M. Mvo n Re s, A4N1C � "'D David A. goevers City Clerk Mayor 611 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of July, 2015. No. 40301-072015. AN ORDINANCE to appropriate funding from the Federal and Commonwealth for various educational programs, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Instructional 302 -110 - 0000 - 1070 -134J - 61100 - 46614 -9 -09 $ 1,000.00 Supplies Teacher 302 - 110 - 0000 - 1000 -318J- 61100- 41129 -9 -01 2,787.00 Supplies Social Security 302 -110 - 0000 - 1000 -318J - 61100 - 42201 -9 -01 213.00 Health /Dental 302 - 120 - 0000 - 1050 -330K - 61410 - 42204 -9 -09 159.00 Professional 302 - 120 - 0000 - 0000 -121H - 61100 - 43311 -9 -02 11,000.00 Services Revenues Federal Grant 302 -000 -0000 - 0000 -134J- 00000 - 38013 -000 1,000.00 Receipts State Grant 302- 000 - 0000 - 0000 -318J- 00000 - 32467 -000 3,000.00 Receipts State Grant 302 -000 -0000 - 0000 -330K- 00000 - 32418 -000 159.00 Receipts Federal Grant 302 -000 -0000 - 0000 -121 H- 00000 - 38173 -000 11,000.00 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 Reyn David A. Bowers City Clerk Mayor 612 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20" day of July, 2015, No. 40302 - 072015. AN ORDINANCE to rezone certain property located at one (1) unaddressed lot on Daleton Road, N. E., 2512 Daleton Road, N. E., one (1) unaddressed lot on Orange Avenue, N. E., and 2548 Orange Avenue, N. E., subject to certain conditions proffered by the applicant; and dispensing with the second reading of this ordinance by title. WHEREAS, Southeastern Site Acquisitions, LLC, has made application to the Council of the City of Roanoke, Virginia ( "City Council'), to have property located at one (1) unaddressed lot on Daleton Road, N. E., 2512 Daleton Road, N. E., and one (1) unaddressed lot on Orange Avenue, N. E., bearing Official Tax Map Nos. 7130116, 7130102, and 7130103, respectively, rezoned from CLS, Commerical -Large Size District, to MXPUD, Mixed Use Planned Unit Development District, subject to certain conditions, and to have property located at 2548 Orange Avenue, N. E., bearing Official Tax Map No. 7130101, rezoned from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development 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 July 20, 2015, 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. 613 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 have property located at one (1) unaddressed lot on Daleton Road, N. E., 2512 Daleton Road, N. E., and one (1) unaddressed lot on Orange Avenue, N. E., bearing Official Tax Map Nos. 7130116, 7130102, and 7130103, respectively, rezoned from CLS, Commerical -Large Size District, to MXPUD, Mixed Use Planned Unit Development District, subject to certain conditions proffered by the applicant, as set forth in Zoning Amendment Application No. 1 (Revised) dated July 8, 2015; and to have property located at 2548 Orange Avenue, N. E., bearing Official Tax Map No. 7130101, rezoned from CG, Commercial - General District, to MXPUD, Mixed Use Planned Unit Development District, subject to certain conditions proffered by the applicant, as set forth in the Zoning Amendment Application No. 1 (Revised) dated July 8, 2015. 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 olds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20N day of July, 2015. No. 40303-072015. 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. 38709 - 011910, adopted on January 19, 2010, to the extent that it placed certain conditions on property located on 3804 Brandon Avenue, S. W., bearing Official Tax Map No. 5180304, and by placing new proffers on the subject property as such proffers are set forth in new plans; and dispensing with the second reading of this ordinance by title. 614 WHEREAS, Virginia Lutheran Homes, Inc., has made application to the Council of the City of Roanoke, Virginia ( "City Council "), to repeal Ordinance No. 38709- 011910, adopted on January 19, 2010, to the extent that it placed certain conditions on property located on 3804 Brandon Avenue, S. W., bearing Official Tax Map No. 5180304, as set forth in a development plan entitled "Brandon Oaks," dated July 28, 2009, and amended October 29, 2009, and a landscape plan entitled "Planting Plan Prepared for Brandon Oaks," dated November 18, 2009, and to rezone such property by placing certain new conditions on the subject property as set forth in a development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines'," dated May 26, 2015, as set forth in a Zoning Amendment Application No. 1 dated May 26, 2015; 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 20, 2015, 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 repealing of Ordinance No. 38709- 011910, adopted on January 19, 2010, to the extent it placed certain conditions on property located on 3804 Brandon Avenue, S. W., bearing Official Tax Map No. 5180304, and rezoning such property by placing certain new conditions on the subject property as set forth in a development plan entitled "Brandon Oaks Development Plan, Amendment to Original Plan by Perkins Eastman Architects, PC," dated May 26, 2015, and a landscape plan entitled "Landscape Plan for Brandon Oaks 'The Pines'," dated May 26, 2015, and is of the opinion that such properties be zoned RMF, Residential Multifamily District, with proffers as set forth in the Zoning Amendment Application No. 1 dated May 26, 2015. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke that: 1. Ordinance No. 38709 - 011910, adopted on January 19, 2010, to the extent it placed certain conditions on property located on 3804 Brandon Avenue, S. W., bearing Official Tax Map No. 5180304, 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. 615 2. Proffers set forth in the Zoning Amendment Application No. 1 dated May 26, 2015, are accepted and placed on the property located on 3804 Brandon Avenue, S. W., bearing Official Tax Map No. 5180304, and that such property be zoned RMF, Residential Multifamily District, with conditions proffered by the applicant in the Zoning Amendment Application No. 1 dated May 26, 2015, 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 Reynolds, C �yDavi A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 20th day of July, 2015. No. 40304 - 072015. AN ORDINANCE amending the Fee Compendium to create new legal advertising fees for zoning amendments, special exceptions, variances, and appeals to the board of zoning appeals; providing for an effective date; and dispensing with the second reading of this ordinance by title. WHEREAS, it is desirable to establish new legal advertising fees for applicants and to facilitate the application process for certain zoning matters; WHEREAS, the Planning Commission held a duly advertised public hearing on July 13, 2015, to consider this amendment; and WHEREAS, City Council held a duly advertised public hearing on July 20, 2015, to consider this amendment. NOW, THEREFORE BE IT ORDAINED by the Council of the City of Roanoke as follows: 616 1. The Fee Compendium of the City, maintained by the Director of Finance and authorized and approved by City Council by Resolution No. 32412- 032795, adopted March 27, 1995, effective as of that date, as amended, shall be amended to reflect the addition of the following new fees: Legal advertising fee for a zoning amendment application $550.00 Legal advertising fee for a special exception application $250.00 amendment Legal advertising fee for a variance application $250.00 Legal advertising fee for an appeal to the Board of Zoning $250.00 Appeals 2. Resolution No. 32412 - 032795 is hereby amended to the extent and only to the extent of any inconsistency with this Ordinance. 3. The fees established by this Ordinance will become effective immediately upon adoption, and shall remain in effect until amended by this Council. 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 Rey Ids, C Davi A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of July, 2015. No. 40305-072015. AN ORDINANCE amending Vision 2001 -2020, the City's Comprehensive Plan, by vacating and releasing the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park and by dedicating an approximately 0.220 acre parcel of property across 10" Street, N. W., from Brown- Robertson Park to Brown - Robertson Park; and dispensing with the second reading of this ordinance by title. 617 WHEREAS, the Virginia Department of Transportation ( "VDOT ") is currently engaged in a project to widen 10th Street, N. W., between Orange Avenue, N. W., and Williamson Road, N. W., and as part of that project, 10th Street, N. W., will be slightly realigned as it passes by the western edge of Brown - Robertson Park, such realignment encroaching upon Brown - Robertson Park; WHEREAS, Brown - Robertson Park is shown in Vision 2020, the City's Comprehension Plan, as a public park; WHEREAS, because federal land and water conservation funds were used by the City to improve the property that comprises Brown - Robertson Park, approvals from the National Park Service ( "NPS ") and the Department of Conservation and Recreation ( "DCR ") were required for VDOT to proceed with the proposed realignment to ensure that the loss of conservation space from the realignment is adequately offset; WHEREAS, to allow the realignment as proposed by VDOT, it is necessary to vacate and release the public's right to use a 0.556 acre portion of Brown- Robertson Park; WHEREAS, as part of the NPS and DCR approvals of the vacation and release of the public's right to use the 0.556 acre portion of Brown - Robertson Park, VDOT will convey an approximately 0.220 acre parcel of property located across 10" Street, N. W., from Brown- Robertson Park, for a small trailhead and parking area serving the Lick Run Greenway, such 0.220 acre parcel to become part of Brown - Robertson Park; WHEREAS, the City of Roanoke filed an application with the Council of the City of Roanoke, Virginia ( "City Council "), in accordance with law, requesting City Council to amend Vision 2001 -2020, the City's Comprehensive Plan, by vacating and releasing the public's right to use the approximately 0.556 acre portion of Brown - Robertson Park and by dedicating an approximately 0.220 acre parcel of property located across 10th Street, N. W., from Brown- Robertson Park for a trailhead and parking area serving the Lick Run Greenway; WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by Section 15.2 -2232 of the Code of Virginia (1950), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; • romino WHEREAS, a public hearing was held on such application by City Council on July 20, 2015, after due and timely notice thereof as required by Section 15.2 -2232, of the Code of Virginia (1950), as amended, at which hearing all parties in interest and citizens were afforded an opportunity to be heard on such application; 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 and general welfare, require the vacation and release of the public's right to use an approximately 0.556 acre portion of Brown- Robertson Park and the dedication of an approximately 0.220 acre parcel of property to Brown - Robertson Park for a trailhead and parking area serving the Lick Run Greenway, and for those reasons, is of the opinion that the hereinafter described application should be granted. THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. The 0.556 acre portion of Brown- Robertson Park as identified in the City's application dated July 20, 2015, to this Council is vacated as a public park for recreational and open space uses, and the public's right to use the afore - referenced portion of Brown- Robertson Park is released. 2. The City Manager is authorized to dedicate an approximately 0.220 acre parcel of property located across 10th Street, N. W., from Brown - Robertson Park to Brown- Robertson Park for use as a trailhead and parking area serving the Lick Run Greenway, as set forth in the City's application dated July 20, 2015. 3. The City Manager is authorized to execute any and all documents, the form of all of such documents to be approved by the City Attorney, and to take any other actions consistent with the intent of City Council as evidenced by the adoption of this Ordinance. 4. Vision 2001 -2020, the City's Comprehensive Plan, is hereby amended to reflect the vacation and release of the public's right to use an approximately 0.556 acre portion of Brown - Robertson Park as set forth in the City's application dated July 20, 2015, and the dedication of an approximately 0.220 acre parcel to be included in Brown - Robertson Park, such 0.220 acre parcel to be improved and used as a trailhead and parking area serving the Lick Run Greenway, as set forth in the City's application dated July 20, 2015. • 5. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this Ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of July, 2015 No. 40306-072015. AN ORDINANCE authorizing the acquisition of permanent drainage easements and a temporary construction easement on, over, and across certain parcels of real property, all in connection with the Fresno Street/Aspen Street Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easements and a temporary construction easement with respect to certain parcels of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Fresno Street/Aspen Street Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of the quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 39900 - 040714, adopted April 7, 2014, City Council authorized the City to acquire by negotiation from private real property owners, certain storm drainage easements, temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Fresno Street/Aspen Street Drainage Improvements Project (the 'Project'); WHEREAS, the purpose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, WHEREAS, the City has successfully negotiated the acquisition of the necessary easements and other property interests from most of the affected real property owners in connection with the Project, 620 WHEREAS, the City has been unsuccessful in negotiating agreements to acquire the necessary easements from the following owners of certain parcels of real property, situated in Roanoke, Virginia: Property Owner Address and Real Property Interests Official Tax Ma No. Re wired Estate of Terry McGeorge 1535 Fresno Street, N. W. 923 square foot permanent TM No. 2460285 storm drainage easement, and 723 square foot. temporary construction easement Paula R. Vineyard 1541 Fresno Street, N. W. 1,522 square foot Cynthia D. Vineyard Brown TM No. 2460284 permanent storm drainage easement The real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated July 20, 2015 ('Report"); WHEREAS, the City entered into bona fide, good faith negotiations with the Estate of Terry McGeorge and offered the sum of $851.30 as just compensation for the permanent drainage easement and temporary construction easement, and the City was unable to acquire such easements from the Estate of Terry McGeorge, all as more specifically set forth in the Report; WHEREAS, the City entered into bona fide, good faith negotiations with Paula R. Vineyard and Cynthia D. Vineyard Brown and offered the sum of $1,061.65 as just compensation for the permanent drainage easement, and the City was unable to acquire the permanent drainage easement from Paula R. Vineyard and Cynthia D. Vineyard Brown, all as more specifically set forth in the Report; WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all easements, rights -of -way and other real property interests required for the Project before the City can commence work on the Project; WHEREAS, the fair value of the required area of the property owned by the Estate of Terry McGeorge, together with damages, if any, to the remainder of such property is $851.30 , based on the 2014 assessed value of the property; WHEREAS, the fair value of the required area of the property owned by Paula R. Vineyard and Cynthia D. Vineyard Brown, together with damages, if any, to the remainder of such property is $1,061.65 , based on the 2014 assessed value of the property; -, 621 WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 et. seq., Code of Virginia It 950) as amended; WHEREAS, a public hearing for July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2- 1903, Code of Virginia (1950) as amended; and WHEREAS, City Council held the public hearing on July 20, 2015, to determine the necessity for the condemnation and the use of the City's quick -take powers in accordance with Section 15.2 -1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to construct infrastructure improvements to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the Project involve the acquisition of easements and other property interests for drainage facilities, as set forth in Section 15.2 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain drainage easements, as more specifically set forth in the Report and attachments thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owners (all as more specifically described in the Report) by continued negotiation: Property Owner Address and Real Property Interests Required Official Tax Map No. Estate of Terry McGeorge 1535 Fresno Street, N. W. 923 square foot permanent TM No. 2460285 storm drainage easement, and 723 square foot. temporary construction easement Paula R. Vineyard 1541 Fresno Street, N. W. 1,522 square foot Cynthia D. Vineyard Brown TM No. 2460284 permanent storm drainage easement The City Manager is authorized to pay such consideration as he deems appropriate. 622 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such property interests stated in this Ordinance and the Report, and Council declares its intent to exercise its quick -take powers to acquire by condemnation the property interests described in this Ordinance and the Report, and, if in the event that continued negotiations with Estate of Terry McGeorge, and /or Paula R. Vineyard and Cynthia D. Vineyard Brown remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take' powers of eminent domain in accordance with Section 15.2- 1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real property and immediately acquire such property interests set forth in this Ordinance and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to commence construction of the Project. 5. The easements and other property interests acquired by the City pursuant to this Ordinance shall be used for the purpose of constructing and installing, and storm drain facilities adjacent, and other infrastructure improvements needed for the Projects. 6. Council finds and determines that the amount of just compensation due to the Estate of Terry McGeorge for the permanent drainage easement and temporary construction easement, including damages, if any, to the remainder of its property, is $851.30, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher. Council finds and determines that the amount of just compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown for the permanent drainage easement, including damages, if any for the remainder of their property, is $ 1,061.65, or such amount to be determined by a third party appraisal of the easement, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher. 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $851.30, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to the Estate of Terry McGeorge for the City's acquisition of such easements in its property, or to sign and file a Certificate of Deposit 623 in lieu of such Certificate of Take, before entering and taking possession of the easements related to the real property owned by the Estate of Terry McGeorge as described in this Ordinance in connection with the "quick take" condemnation process of such easement, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law; and (b) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $1,061.65, or such amount to be determined by a third party appraisal of the easement, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to Paula R. Vineyard and Cynthia D. Vineyard Brown for the City's acquisition of such easement in their property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easement related to the real property owned by Paula R. Vineyard and Cynthia D. Vineyard Brown as described in this Ordinance in connection with the "quick take" condemnation process of such easement, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. 8. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. APPROVED ATTEST: Stephanie M. Moon ReyheWs,'RAMC Da—vid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201" day of July, 2015. No. 40307-072015. AN ORDINANCE authorizing the acquisition of permanent drainage easements on, over, and across certain parcels of real property, the acquisition of a temporary construction easement on, over, and across a certain parcel of real property, and the acquisition of a fee right -of -way with respect to a certain parcel of real property, all in connection with the Queen Avenue /Courtland Road Drainage Improvements Project; authorizing the acquisition of such real property interests by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire permanent drainage easements, a temporary construction easement, and a fee right -of -way, with respect to certain parcels of real property pursuant to Section 15.2 -1904 and Sections 25.1 -300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City 624 officials to take appropriate action for the acquisition of such easements and fee right of way required by the City for certain improvements to the City's infrastructure with respect to the Queen Avenue /Courtland Road Drainage Improvements Project, as provided in this ordinance by negotiation, or by condemnation and exercise of such quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 39805- 111813, adopted November 18, 2013, City Council authorized the City to acquire by negotiation from private real property owners, certain storm drainage easements, temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Queen Avenue /Courtland Road Drainage Improvements Project (the 'Project'); WHEREAS, the purpose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, WHEREAS, the City has successfully negotiated the acquisition of the necessary easements and other property interests from most of the affected real property owners in connection with the Project, WHEREAS, the City has been unsuccessful in negotiating agreements to acquire the necessary easements and right -of -way from the following owners of certain parcels of real property, situated in Roanoke, Virginia: rty Owner Address and Real Property Interests Official Tax Ma No. Re wired 7ualen ew 31 40 Courtland Road, N. W. 248 square foot permanent ITM TM No. 2060702 storm drainage easement; and 347 square foot fee ri ht -of -wa Virginia Patterson 0 Courtland Road, N. W. 4,679 square foot No. 2060746 permanent storm drainage easement, and 1,557 temporary construction easement These properties and the real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated July 20, 2015 ('Report"); WHEREAS, the City entered into bona fide, good faith negotiations with Galen Eskew and offered the sum of $2,283.86 for the permanent drainage easement and fee right -of -way, 625 WHEREAS, although Galen Eskew agreed to accept the City's offer for the conveyance of such easement and fee right of way, the property is encumbered by a deed of trust held by a financial institution to secure a promissory note conveyed by Galen Eskew, which institution is unwilling to release the easement and fee right of way needed by the City from the deed of trust unless the outstanding balance of the bank's loan is paid down by approximately $21,000.00, which the City and Galen Eskew are unwilling to do, all as more specifically set forth in the Report; WHEREAS, the City entered into bona fide, good faith negotiations with Virginia Patterson and offered the sum of $3,395.70 for the permanent drainage easement and the temporary construction easement, and the City was unable to acquire the permanent drainage easement and the temporary construction easement from Virginia Patterson, all as more specifically set forth in the Report; WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all easements, rights -of -way and other real property interests required for the Project before the City can commence work on the Project; WHEREAS, the fair value of required area of the property owned by Galen Eskew, together with damages, if any, to the remainder of such property is $2,283.86, based on the 2014 assessed value of his property; WHEREAS, the fair value of the required area of the property owned by Virginia Patterson, together with damages, if any, to the remainder of such property is $3,395.70, based on the 2014 assessed value of her property; WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 et. seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing for July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2- 1903, Code of Virginia (1950) as amended; and WHEREAS, City Council held the public hearing on July 20, 2015, to determine the necessity for the condemnation and the use of the City's quick -take powers in accordance with Section 15.2 -1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: �9=6 1. Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to construct infrastructure improvements to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the Projects involve the acquisition of easements for drainage facilities, as set forth in Section 15.2 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain easements and other real property interests, as more specifically set forth in the Report and attachments thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owners (all as more specifically described in the Report) by continued negotiation: The City Manager is authorized to pay such consideration as he deems appropriate. 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements and other interests needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements and other property interests conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such property interests stated in this Ordinance and the Report and Council declares its intent to exercise its quick -take powers to acquire by condemnation the property interests described in this Ordinance and the Report, and, if in the event that continued negotiations with Galen Eskew, and /or Virginia Patterson remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real property and immediately acquire such property interests set forth in this Ordinance and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to commence construction of the Project. Address and Real Property Interests Official Tax Ma No. Re uired 3140 Courtland Road, N. W. TM No. 2060702 248 square foot permanent storm drainage easement; and 7Eskew 347s uare foot fee rt ht -of -wa 0 Courtland Road, N. W. TM No. 2060746 4,679 square foot permanent storm drainage easement, and 1,557 temporary construction easement The City Manager is authorized to pay such consideration as he deems appropriate. 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements and other interests needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements and other property interests conveyed to the City, certified by the City Attorney to be entitled to the same. 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such property interests stated in this Ordinance and the Report and Council declares its intent to exercise its quick -take powers to acquire by condemnation the property interests described in this Ordinance and the Report, and, if in the event that continued negotiations with Galen Eskew, and /or Virginia Patterson remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take" powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real property and immediately acquire such property interests set forth in this Ordinance and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to commence construction of the Project. 627 5. The easements and other property interests acquired by the City pursuant to this Ordinance shall be used for the purpose of constructing and installing, and storm drain facilities adjacent, and other infrastructure improvements needed for the Project. 6. Council finds and determines that the amount of just compensation due to Galen Eskew for the permanent drainage easement and fee right -of -way, including damages, if any, to the remainder of his property, is $2,283.86, or such amount to be determined by a third party appraisal of the easement and fee right -of -way, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher. Council finds and determines that the amount of just compensation due to Virginia Patterson for the permanent drainage easement and the temporary construction easement, including damages, if any for the remainder of her property, is $3,395.70, or such amount to be determined by a third party appraisal of the easements, and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City if the amount of the appraisal is higher. 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to (a) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,283.86, or such amount to be determined by a third party appraisal of the easement and fee right -of -way and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to Galen Eskew for the City's acquisition of such easement and fee right -of -way, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easement and fee right -of- way related to the real property owned by Galen Eskew as described in this Ordinance in connection with the "quick take" condemnation process of such easement and fee right -of -way, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law; and (b) sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $3,395.70, or such amount to be determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to Virginia Patterson for the City's acquisition of such easements related to her property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easements related to the real property owned by Virginia Patterson as described in this Ordinance in connection with the "quick take" condemnation process of such easements, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. • 8. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. APPROVED ATTEST: Stephanie M. Moon Reynolds,C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 201h day of July, 2015. No. 40308-072015. AN ORDINANCE authorizing the acquisition of a permanent drainage easement and the acquisition of a temporary construction easement, on, over, and across a certain parcel of real property, all in connection with the Andrews /Cove Road Drainage Improvements Project; authorizing the acquisition of such easements by negotiation; authorizing the condemnation and exercise of the City's quick -take powers to acquire such permanent drainage easement and temporary construction easement with respect to a certain parcel of real property pursuant to Section 15.2 -1904 and Sections 25.1- 300, et. seq., Code of Virginia (1950) as amended, authorizing the proper City officials to take appropriate action for the acquisition of such easements required by the City for certain improvements to the City's infrastructure with respect to the Andrews /Cove Road Drainage Improvements Project, as provided in this ordinance by negotiation or by condemnation, and exercise of the quick -take powers; and dispensing with the second reading of this ordinance by title. WHEREAS, by Ordinance No. 40105- 111714, adopted November 17, 2014, City Council authorized the City to acquire by negotiation from private real property owners, certain permanent storm drainage easements and temporary construction easements, other easements, rights of ingress and egress, and other real property interests required by the City in connection with the Andrews /Cove Road Drainage Improvements Project (the 'Project "); WHEREAS, the purpose of the Project is to reduce flooding and the accumulation of standing water on private and public properties, WHEREAS, the City has successfully negotiated the acquisition of the necessary easements and other property interests from most of the affected real property owners in connection with the Project, 629 WHEREAS, the City has been unsuccessful in negotiating agreements to acquire the necessary easements from the following owners of a certain parcel of real property, situated in Roanoke, Virginia: Property Owner Address and Official Tax Map No. Real Property Interests Required Joseph C. Moorman 1610 Cove Road, N. W. 3481 square foot Mary D. Moorman TM No. 2450207 permanent storm drainage easement, and 1,044 square foot temporary construction easement The real property interests required by the City are more particularly identified and described in the City Council Agenda Report dated July 20, 2015 ('Report"); WHEREAS, the City entered into bona fide, good faith negotiations with Joseph C. Moorman and Mary D. Moorman and offered the sum of $2,162.87 as just compensation for the permanent drainage easement and temporary construction easement, and the City was unable to acquire the permanent drainage easement and the temporary construction easement from Joseph C. Moorman and Mary D. Moorman, all as more specifically set forth in the Report; WHEREAS, the Project is critically important for the City's infrastructure, and it is essential that the City acquire all property interests required for the Project before the City can commence work on the Project; WHEREAS, the fair value of the required easements needed by the City across the property owned by Joseph C. Moorman and Mary D. Moorman, together with damages, if any, to the remainder of such property is $2,162.87, based on the 2014 assessed value of the property; WHEREAS, the Project is in the public interest and, pursuant to Section 2 of the City Charter, the City is specifically authorized to acquire interests in real property by condemnation as set forth in Chapter 19, Section 15.2 -1900 et. seq., Code of Virginia (1950) as amended; WHEREAS, a public hearing for July 20, 2015, has been duly advertised for City Council to consider this matter in accordance with the requirements of Section 15.2- 1903, Code of Virginia (1950) as amended; and R /j WHEREAS, City Council held the public hearing on July 20, 2015, to determine the necessity for the condemnation and the use of the City's quick -take powers in accordance with Section 15.2 -1903, Code of Virginia (1950), as amended, at which public hearing all persons and interested parties were provided an opportunity to express their position on this matter. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Council finds and determines that the Project constitutes a public use within the meaning of Section 1- 219.1, Code of Virginia (1950) as amended, as the purpose of the Project is to construct infrastructure improvements to improve and alleviate drainage issues on public and private property, and that such improvements are in the public interest of the citizens of the City in that the Project involves the acquisition of easements and other property interests for drainage facilities, as set forth in Section 15.2 -1904, Code of Virginia (1950), as amended. 2 Council finds and determines the City requires certain easements, as more specifically set forth in the Report and attachments thereto, and Council authorizes the proper City officials to acquire for the City the following property interests from the following property owner (all as more specifically described in the Report) by continued negotiation: Property Owner Address and Official Ti;) Ma No. Real Property Interests Re wired Joseph C. Moorman 1610 Cove Road, N. W. 3481 square foot Mary D. Moorman TM No. 2450207 permanent storm drainage easement, and 1,044 temporary construction easement The City Manager is authorized to pay such consideration as he deems appropriate. 3. Upon acceptance of the City's offer, and delivery by such owners to the City of the easements needed for the Project, approved as to form by the City Attorney, the Director of Finance is directed to pay the agreed upon consideration to the owners of the property for such easements conveyed to the City, certified by the City Attorney to be entitled to the same. C9 11 4. Council hereby finds that a public necessity and public purpose exists for the condemnation of such easements stated in this Ordinance and the Report and Council declares its intent to exercise its quick -take powers to acquire by condemnation the easements described in this Ordinance and the Report, and, if in the event that continued negotiations with Joseph C. Moorman and Mary D. Moorman remain ineffectual, the City Attorney is authorized and directed to institute condemnation proceedings, including the exercise of the City's "quick take' powers of eminent domain in accordance with Section 15.2 -1904, and Section 25.1 -300 et. seq., Code of Virginia (1950), as amended, and to enter upon such real property and immediately acquire such easements set forth in this Ordinance, and more specifically set forth in the plats attached to the Report, prior to filing condemnation proceedings in the Circuit Court of the City of Roanoke, Virginia, in order for the City to commence construction of the Project. 5. The easements acquired by the City pursuant to this Ordinance shall be used for the purpose of constructing and installing storm drain facilities and other infrastructure improvements needed for the Project. 6. Council finds and determines that the amount of just compensation due to Joseph C. Moorman and Mary D. Moorman for the permanent drainage easement and temporary construction easement, including damages, if any, to the remainder of their property, is $2,162.87, or such amount determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher. 7. The appropriate City officials, including the Director of Finance, City Manager or City Attorney, are hereby severally authorized to sign and file a Certificate of Take in the Circuit Court of the City of Roanoke, and deposit the amount of $2,162.87, or such amount determined by a third party appraisal of the easements and damages, if any, done to the residue, that is provided to the City by an appraiser retained by the City, if the amount of the appraisal is higher, which amount represents the just compensation due to Joseph C. Moorman and Mary D. Moorman for the City's acquisition of such easements in their property, or to sign and file a Certificate of Deposit in lieu of such Certificate of Take, before entering and taking possession of the easements related to the real property owned by Joseph C. Moorman and Mary D. Moorman as described in this Ordinance in connection with the "quick take' condemnation process of such easements, in accordance with the requirements of Sections 25.1 -300 et. seq., Code of Virginia (1950), as amended, or otherwise as provided by law. AN 8. Pursuant to Section 12 of the City Charter, the second reading of this Ordinance is hereby dispensed with by title. APPROVED ATTEST: } Stephanie M. Moon Reyn s-M David A. Bowers City Clerk Mayor I reW IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rtl day of August, 2015. No. 40309 - 080315. A RESOLUTION authorizing acceptance of the Virginia Sexual & Domestic Violence Victim Fund 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 Services, the Virginia Sexual & Domestic Violence Victim Fund Grant in the amount of $31,588.00, with a local match of $19,882.00, making total funding of $51,470.00, 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 August 3, 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: n Stephanie M. Moon Reyno s David7l�6we� City Clerk Mayor 634 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rtl day of August, 2015. No. 40310-080315. 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 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Wages 35- 640 - 3366 -1002 $ 36,111.00 City Retirement 35- 640 - 3366 -1105 5,648.00 Health Savings 35- 640 - 3366 -1117 361.00 FICA 35- 640 - 3366 -1120 2,763.00 Medical Insurance 35- 640 - 3366 -1125 5,820.00 Dental Insurance 35- 640 - 3366 -1126 337.00 Life Insurance 35- 640 - 3366 -1130 430.00 Revenues Domestic Violence Victim FY16 - State 35- 640 - 3366 -3366 31,588.00 Domestic Violence Victim FY16 - Local 35- 640 - 3366 -3367 19,882.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon RetC4'�' � David A. Bowers City Clerk Mayor 635 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rd day of August, 2015. No. 40311-080315. 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 seven Projects; authorizing the City Manager to execute seven (7) 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 FY16 time period for the seven (7) 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 seven (7) Projects referred to below, all as more fully set forth in the City Council Agenda Report dated August 3, 2015, to this Council. 2. The allocations for the seven (7) 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. Franklin Road Bridge Replacement $3,000,000.00 City Matching Funds $3,000,000.00 B. Annual Citywide Street Paving Program (Resurfacing) $3,000,000.00 City Matching Funds $3,000,000.00 C. Citywide Bridge Maintenance $ 500,000.00 City Matching Funds $ 500,000.00 D. Citywide Sidewalk Maintenance $ 130,000.00 City Matching Funds $ 130,000.00 E. Citywide Curb, Cutter, and Sidewalk (New Construction) $ 1,000,000.00 City Matching Funds $1,000,000.00 F. Citywide Storm Drain Improvements $1,620,000.00 City Matching Funds $1,620,000.00 G. Orange Avenue /King Street Intersection $ 750,000.00 City Matching Funds $ 750,000.00 636 3. The City Manager is hereby authorized to execute seven (7) 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 seven (7) Projects listed as A through G 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 seven (7) Projects, with any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reynol M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3r° day of August, 2015. No. 40312-080315. AN ORDINANCE to appropriate funding from Virginia Department of Transportation Revenue Sharing Funds and the Economic & Community Development Reserve to the Franklin Road Over NSRW Bridge Replacement, Capital Street Paving, Bridge Maintenance, Sidewalk Improvements, City -wide Curb Gutter Sidewalk, Stormwater Improvements, and Orange Avenue & King Street Intersection Improvements projects, amending and reordaining certain sections of the 2015 - 2016 Stormwater Utility 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 2015 - 2016 Stormwater Utility and Capital Projects Fund Appropriations -. be, and the same are hereby, amended and reordained to read and provide as follows: 637 Stormwater Utility Fund Appropriations Appropriated from State Grants 03- 530 - 3014 -9007 $1,620,000.00 Revenues VDOT — StormwaterImprovements 03- 530 - 3014 -3014 1,620,000.00 Capital Projects Fund Appropriations Appropriated from State Grants 08 -530- 9435 -9007 1,000,000.00 Appropriated from State Grants 08- 530 - 9438 -9007 3,000,000.00 Appropriated from General Revenue 08- 530 - 9440 -9003 750,000.00 Appropriated from State Grants 08 -530- 9440 -9007 750,000.00 Appropriated from State Grants 08 -530- 9552 -9007 500,000.00 Appropriated from State Grants 08- 530 - 9793 -9007 130,000.00 Appropriated from State Grants 08- 530 - 9965 -9007 3,000,000.00 Revenues VDOT — City -wide Curb, Gutter, Sidewalk 08- 530 - 9435 -9435 1,000,000.00 VDOT — Capital Street Paving 08 -530- 9438 -9007 3,000,000.00 VDOT — Orange Ave & King St Intersection 750,000.00 Improvements 08 -530- 9440 -9007 VDOT — Bridge Maintenance 08- 530 - 9552 -9552 500,000.00 VDOT — Sidewalk Maintenance City -wide 08- 530 - 9793 -9833 130,000.00 VDOT — Franklin Rd Over NSRW Bridge 08- 530 - 9965 -9965 $3,000,000.00 Fund Balance E$CD Reserve - Unappropriated 08- 530 - 9435 -9007 750,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: �a �� Stephanie M. Moon Re MC Da A. Bowe City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rtl day of August, 2015. No. 40313-080315. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Oliver Road/Troy Avenue 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 permanent easements of variable length and width, and such other real property interests as needed, as set forth in the City Council Agenda Report dated August 3, 2015, for the Oliver Road/Troy Avenue Stormwater Drainage Improvements Project, in the general vicinity of the 3900 and 4000 Blocks of Oliver Road, N. E., Roanoke, Virginia, and 100, 200, and 300 Blocks of Troy Avenue, N. E., Roanoke, Virginia, within the Preston Park neighborhood, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcel referred to in the above mentioned City Council 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. f - 639 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 Reynol s, IVIYG, QDavid A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 3rtl day of August, 2015. No. 40314-080315. A RESOLUTION authorizing execution of an Agreement with Carilion Property Management in connection with the use of 6 Riverside Parking Garage during the 2015 Roanoke GO Outside Festival. 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 16, 2015, until 5:00 p.m. on Sunday, October 18, 2015, 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 August 3, 2015. ATTEST: 'y�tQT1 Stephanie M. Moon eynolds -MMQl David A. Bowers City Clerk Mayor • R IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17" day of August, 2015. No. 40315-081715. A RESOLUTION authorizing acceptance of a VictimANitness 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 VictimANitness Assistance Program grant in the amount of $120,942.00 for Fiscal Year 2015 - 2016, such grant being more particularly described in the report to Council dated August 17, 2015. 2. The local cash match for Fiscal Year 2015 - 2016 shall be in the amount of $40,386.00. 3. The City Manager is hereby authorized to execute and file, on behalf of the City, any documents setting forth the conditions of the grant in a form approved by the City Attorney. 4. The City Manager is further directed to furnish such additional information as may be required by the Department of Criminal Justice Services in connection with the acceptance of the foregoing grant or with such project. APPROVED ATTEST: Stephanie . MReynoC � Dava ers City Clerk Mayor .e . IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171" day of August, 2015. No. 40316- 081715. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for the Victim Witness Program Grant, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Regular Employee Salaries 35- 150 - 4560 -1002 $110,242.00 City Retirement 35- 150- 4560 -1105 10,933.00 ICMA Retirement 35- 150 - 4560 -1115 3,630.00 401 Health Savings 35- 150- 4560 -1117 699.00 FICA 35- 150 - 4560 -1120 8,711.00 Medical Insurance 35- 150 - 4560 -1125 18,342.00 Dental Insurance 35- 150 - 4560 -1126 996.00 Life Insurance 35- 150 - 4560 -1130 1,455.00 Disability Insurance 35- 150 - 4560 -1131 309.00 Telephone 35- 150 - 4560 -2020 711.00 Administrative Supplies 35- 150 - 4560 -2030 1,452.00 Dues and Memberships 35- 150- 4560 -2042 100.00 Training and Development 35- 150- 4560 -2044 2,188.00 Postage 35- 150 - 4560 -2160 1,560.00 Revenues Victim Witness FY16 -State 35 -150- 4560 -4560 120,942.00 Victim Witness FYI 6-Local Match 35- 150- 4560 -4561 40,386.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie Reyynnold� �Da�ItA4�owers City Clerk Mayor M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17" day of August, 2015. No. 40317- 081715. A RESOLUTION accepting a FY 2016 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 documents in connection therewith, 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 2016 Urban and Community Forestry Grant in the amount of $15,700.00, with a $14,566.00 local match from the City, and 750 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 August 17, 2015. 2. The City Manager is hereby authorized to execute, and the City Clerk is authorized to attest, a Memorandum of Understanding attached to the City Council Agenda Report dated August 17, 2015, and any other documents necessary to accept and implement such grant, as more particularly set forth in the City Council Agenda Report dated August 17, 2015, such documents to be approved as to form by the City .s Attorney, and to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: mfg Stephanie M. Moon Rey ds, MMC Davi A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17t' day of August, 2015. No. 40318-081715. AN ORDINANCE to appropriate funding from the Commonwealth of Virginia for -� the Urban and Community Forestry Grant, amending and reordaining certain sections of the 2015 - 2016 General and Grant Funds Appropriations, and dispensing with the second reading by title of this ordinance. w CM . BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 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- 4378 -1002 20,786.00 City Retirement 35- 620- 4378 -1105 4,290.00 401 Health Savings Match 35- 620 - 4378 -1117 191.00 FICA 35- 620 - 4378 -1120 1,590.00 Medical Insurance 35- 620 - 4378 -1125 2,995.00 Dental Insurance 35- 620 - 4378 -1126 167.00 Life Insurance 35- 620 - 4378 -1130 247.00 Revenues Urban Forestry Grant FY16- Federal 35- 620 - 4378 -4378 17,335.00 Urban Forestry Grant FY16 -1-ocal Match 35- 620 - 4378 -4379 12,931.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: "h Stephanie M. Moon Remolds Davi 7ow:�'� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17`" day of August, 2015. No. 40319 - 081715. A RESOLUTION approving a Public Art Action Plan for FY2016. M. BE IT RESOLVED by the Council of the City of Roanoke that Council hereby approves the Public Art Action Plan for FY2016 as outlined in the City Council Agenda Report dated August 17, 2015, as a part of the City's Public Art Policy. APPROVED ATTEST: Stephanie M. Moon Re?�Ids V Drutd A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171h day of August, 2015. No. 40320 - 081715. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Gatewood /McVitty Stormwater Improvement 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 permanent easements of variable length and width, and such other real property interests as needed, as set forth in the City Council Agenda Report dated August 17, 2015, for the Gatewood /McVitty Stormwater Improvement Project, in the general vicinity of the 5000 block of Gatewood Avenue, S. W., Roanoke, Virginia. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council 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 • , J 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 Reynolds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171" day of August, 2015. No. 40321-081715. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the King Street Improvements Project ('Project'); authorizing the successful design -build bidder 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 permanent easements of variable length and width, temporary easements, and such other real property interests as needed, as set forth in the City Council Agenda Report dated August 17, 2015, for the King Street Improvements Project, at the intersection of Orange Avenue, N. E., Roanoke, Virginia, and King Street, N. E., Roanoke, Virginia, and surrounding streets. The successful design -build bidder is hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcels referred to in the above mentioned City Council 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. Me 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: On Stephanie M. Moon Reynolds, C Daw Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, r The 17'" day of August, 2015. No. 40322 - 081715. A RESOLUTION authorizing the City Manager to execute the Fiscal Agent Agreement dated August 17, 2015, by and among Workforce Investment Area III Chief Local Elected Officials Consortium (Consortium), Western Virginia Workforce Development Board, Inc. (WDB), City of Roanoke, Virginia (Grant Recipient), and Roanoke Valley - Alleghany Regional Commission (Commission) (Agreement); and authorizing execution of such other documents and performance of any other actions deemed necessary to effectuate, deliver, administer, and enforce the Agreement. BE IT RESOLVED by the Council of the City of Roanoke as follows: d 647 1. The Agreement, a copy of which is attached to the City Attorney Letter dated August 17, 2015, that designates the Commission to serve as fiscal agent for the Consortium, the Grant Recipient, and the WDB, as more particularly described in the City Attorney Letter dated August 17, 2015, is hereby approved and the City Manager is authorized to execute the Agreement, substantially similar to a copy of the Agreement attached to the City Attorney Letter dated August 17, 2015, and approved as to form by the City Attorney. 2. The City Manager is authorized to execute such other documents in a form approved by the City Attorney, and to take such action deemed necessary in order to effectuate, deliver, administer, and enforce the Agreement on behalf of the City as Grant Recipient. r_\:12;a W51111=1110, ATTEST: Stephanie M. Moon Reynolds, MM �Dw vi d k. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171" day of August, 2015. No.40323- 081715. AN ORDINANCE amending Section 32 -6, Interest rate on delinquent taxes Article I. In General; Section 32 -19 Penalty and interest on delinquencies — Generally, Division 1, Generally, Article II. Real Estate Taxes Generally, and Section 32 -106 Penalties and interest on delinquencies — Generally, Article III. Tax on Tangible Personal Property Generally; of Chapter 32, Taxation, Code of the City of Roanoke (1979), as amended, establishing the interest rate charged for all years of delinquent taxes at ten percent (10 %) per annum consistent with applicable provisions of the Code of Virginia (1950) 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 32 -6, Interest rate on delinquent taxes, Article I, In General Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: M: Section. 32 -6. Interest rate on delinquent taxes. (a) Interest on delinquent taxes owed to the city shall commence in accordance with the applicable provisions of this Code governing each particular city tax at the rate of ten (10) percent per annum for t,,,, thefirst year on such unpaid tax balance. (b, Pursuant to sect en- W-347�sede of-Virginia ', -as amended, the Fate APPARPI and hsPq ent-year s- ef- deUnquensy�- shallbe- the�„�..t„ ,.F merest ,.�.,�.i..�,, meant- te- sec-fien- 662- 1-ofh^ „tefriaMo..ne r^`e of -' "F^ as emended, -4er- tax -under is and G a entE The-d ..ter .F -�-,4a4 ascertain- 2nd -rep0rt-t0- Go4n6i"eh- interes t rate s— shalttrom- time- to- t+mebe- established- pursuant two ^• ^i- 6621 -e# the - Internal -- Revenue -Cede of -1954, as amended- The - -c ty- clerk -shah record-of - such - reports: (c)(b) Interest rates imposed on delinquent taxes as provided for in sections 19- 20, 32 -19, 32 -20, 32 -106, 32 -222 and 32 -244 of this Code shall be determined, published and recorded in accordance with this section. (d)(c) For purposes of interest rate selection under the authority of section 68- -. 847 58.1 -3916, Code of Virginia (1950), as amended, "year of delinquency" shall be measured by yearly periods beginning at a time �. when interest on delinquent taxes is first assessed under the authority variously set out in this Code. 2. Section 32 -19 Penalty and interest on delinquencies — Generally, Division 1, Generally Article ll. Real Estate Taxes Generally Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: Section. 32 -19. Penalty and interest on delinquencies — Generally. (a) Any person who shall fail to pay to the city treasurer on or before October fifth and April fifth of each tax year the quarterly installment of real estate tax becoming due on or before such dates, respectively, as provided by section 32 -18, shall be assessed by the treasurer and shall pay, along with such tax, a penalty of ten (10) percent of the amount of such unpaid tax installment. ro AA (b) Interest at the max mum yearly-ra— s- 2atlae'ized by general la • ^f h-- f eFlV ealt# as ffrev ded for in sect on 8.1 3916, Gods of Virgnia- (1950), de(f,--rate of ten percent (10 %) commencing on the first day of the month following the month in which such taxes are due, shall be assessed and collected on the principal of and penalties on all taxes assessed by the city on real estate for each tax year, remaining unpaid until paid. 3. Section 32 -106, Penalties and interest on delinquencies — Generally. Article III. Tax on Tangible Personal Property Generally. Chapter 32, Taxation, of the Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: Section. 32 -106. Penalties and interest on delinquencies — Generally. (a) Any person who shall fail to pay to the treasurer, on or before the date due as provided by this article, the whole of the tax imposed under this article for any tax year shall be assessed by the treasurer and shall pay, along with such tax, a penalty of ten percent (10 %) of such unpaid tax. (b) In addition to such penalty, interest at the rate ten percent (10 %) per annum shall be due on such unpaid taxes and any penalty assessed thereon commencing on the first day of the month following the month in which such taxes are due until paid. Interest- at-th^ •atestab established pursuant to sec-tien -6624 of - -the -- 4ritemal- Reveaue- Cede - -ef 1954 a^ amended, or ten {a- &)-pereen#- pera;,...» whioheve .4s-Qreater-,� to- tMe- seeend -and sabseque^,ryearsof deter 4. This ordinance shall be in full force and effect immediately upon its adoption. 5. Pursuant to §12 of the Roanoke City Charter the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynol MM David A. Bowers City Clerk Mayor Me] IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171h day of August, 2015. No. 40324- 081715. AN ORDINANCE authorizing the City Manager to execute a nonexclusive and revocable license agreement ( "License Agreement') with the Roanoke Valley Broadband Authority ( "Authority'), for the purpose of granting the Authority a license and right of access across portions of several City owned properties and public rights of way in order to install fiber optic cables on such properties and in such public rights of way, in connection with the construction of the Authority's broadband internet network ( "Network "), a portion of which Network will be located within the City of Roanoke, upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. 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, a nonexclusive and revocable License Agreement with the Authority, granting the Authority a license and right of access across portions of City owned properties and public rights of way, designated as Roanoke Official Tax Map Nos. 2910924, 2190922, 7230101, 1370201, 1370202, 1380101, 2370101, 2013016, and 1460101, in order for the Authority to install conduit containing fiber optic cables and to place other necessary overhead and underground equipment to be used in connection with the construction, operation and maintenance of the Authority's Network, which Network will be leased by the Authority to certain third party internet providers, such Agreement to be substantially similar in form to the proposed Agreement attached to this report, in a form approved by the City Attorney, and upon such terms and conditions as are more particularly described in the City Attorney Letter to City Council dated August 17, 2015. 2. The City is hereby authorized to allow the Authority to provide a resolution in place of the performance bond and labor and materials bond required by the Agreement, which resolution shall obligate the Authority to take financial responsibility for the items covered by such bonds, provided however, if the resolution is ever cancelled, rescinded, or declared unlawful, the Authority shall be required by the City to obtain such bonds, 651 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: YVI Stephanie M. Moon Reyn ds, MM David owes s� City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17'" day of August, 2015. No. 40325-081715. AN ORDINANCE amending and reordaining Section 22.3 -7, Amendments to chapter and effect on participating employees, Article I. General, Chapter 22.3, Pensions and Retirement, Code of the City of Roanoke (1979), as amended by adding a new subsection (b); 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: 1. Chapter 22.3, Pensions and Retirement, Article I, General, Section 22.3 -7, Amendments to chapter and effect on participating employees, Code of the City of Roanoke (1979), as amended, is amended to read and provide as follows: Section. 22.3 -7.- Amendments to chapter and effect on participating employers. (a) The city council shall have the continuing right and power to amend or supplement this chapter at any time, which right and power is hereby expressly reserved, but no amendment shall be adopted which will reduce the then - accrued benefits of members or beneficiaries below the extent they are then covered by city plan assets. (b) Prior to the adoption of any amendment to this chapter that will alter, change, or impact the actuarial accrued liability, city council shall be provided an actuarial analysis of such proposed amendment to identify the costlimpact of such proposed amendment, if any. Notwithstanding the foregoing, city council may adopt any such amendment after receiving the actuarial analysis. 652 (c) Such amendments shall apply to all employees of participating employers unless city council specifically provides that such amendments may be rejected by participating employers. 2. This ordinance shall be in full force and effect upon its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is dispensed with. APPROVED ATTEST: *TOLL-) OLL- �l p.,r.....v Stephanie M. Moon Reynol , MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17" day of August, 2015. No. 40326-081715. AN ORDINANCE to appropriate funding from the Federal and Commonwealth for various educational programs, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Substitutes Teacher 302 -110 - 0000 -0230 -135H -61100 -41021 -3 -01 240.00 Personnel Services 302 -140 - HOME -1000 -145J -61210 -41138 -9 -10 6,000.00 -Other Supplemental Pay- 302 -110 - 0000 -1304 -309K -61100 -41129 -3 -01 3,200.00 Forest Park Supplemental Pay — 302 -110 - 0000 -0400 -309K -61100 -41129 -3 -01 3,200.00 Fleming Social Security 302 -110 - 0000 -1304 -309K -61100 -42201 -3 -01 245.00 Social Security 302 -110 - 0000 -0400 -309K -61100 -42201 -3 -01 245.00 Medical /Dental 302 -110 - 0000 -1304 -309K -61100 -42204 -3 -01 507.00 Medical /Dental 302 -110 - 0000 -0400 -309K -61100 -42204 -3 -01 507.00 653 Educational 302 -110 - 0000 -1304 -309K -61100 -46614 -3 -01 48.00 Supplies 302 -000 -0000 -0000 -145H - 00000 -38196 -0 00 6,000.00 Receipts Educational 302 -110 - 0000 -0400 -309K -61100 -46614 -3 -01 48.00 Supplies 302 -000 -0000 -0000 -325J - 00000 -32272 -0 00 43,438.00 Receipts Instruction — Teacher 302 -191 - 1302 -0553 -325J -61100 -41121 -3 -02 ( 533.00) Payment of Joint 302 -191 - 0000 -0553 -325J -61100 -47701 -9 -02 43,971.00 Operations 302 -000 -0000 -0000 -315K - 00000 -32349 -0 00 512.00 Receipts Career & Technical 302 -170 - 3000 -0400 -306K -68200 -48110 -3 -03 567.00 Educ. Equip. Testing & 302 -170 - 3000 -1160 -314K -61100 -45584 -3 -03 2,503.00 Evaluation Testing Fees 302 -170 - 3000 -1160 -315K -61100 -45584 -3 -03 512.00 Revenues Federal Grant 302 -000 -0000 -0000 -135H - 00000 -38367 -0 00 240.00 Receipts Federal Grant 302 -000 -0000 -0000 -145H - 00000 -38196 -0 00 6,000.00 Receipts State Grant 302 -000 -0000 -0000 -309K - 00000 -32418 -0 00 8,000.00 Receipts State Grant 302 -000 -0000 -0000 -325J - 00000 -32272 -0 00 43,438.00 Receipts State Grant 302 -000 -0000 -0000 -306K - 00000 -32252 -0 00 567.00 Receipts State Grant 302 -000 -0000 -0000 -314K - 00000 -32349 -0 00 2,503.00 Receipts State Grant 302 -000 -0000 -0000 -315K - 00000 -32349 -0 00 512.00 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: Q " AU Stephanie M. Moon Reyn Ids, M David A. Bowers City Clerk Mayor 654 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171h day of August, 2015. No. 40327 - 081715. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Braxton G. Edward Naff, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2015; 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 Braxton G. Edward Naff 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, 2015, and expiring October 20, 2019. APPROVED ATTEST: Stephanie M. Moon Reynolds, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 171" day of August, 2015. No. 40328-081715. AN ORDINANCE permanently vacating, discontinuing and Old Rocky Mount Road, S. W., from its intersection with Welcome Valley Road, S. W., to its terminus, as more particularly described hereinafter; and dispensing with the second reading of this ordinance by title. WHEREAS, Rockydale Quarries Corporation and Roselawn Realty Investment, 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; 655 WHEREAS, the City Planning Commission, after giving proper notice to all concerned as required by §30 -14, Code of the City of Roanoke (1979), as amended, and after having conducted a public hearing on the matter, has made its recommendation to Council; WHEREAS, a public hearing was held on such application by City Council on August 17, 2015, 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: Old Rocky Mount Road, S. W., from its intersection with Welcome Valley Road, S. W., travelling south an approximate distance of 1,126 feet to its terminus, be, and is hereby permanently vacated, discontinued and closed, and that all right and interest of the public in and to the same be, and hereby is, released insofar as City Council is empowered so to do with respect to the closed portion of the right -of -way, reserving however, to the City of Roanoke and any utility company or public authority, including, specifically, without limitation, providers to or for the public of cable television, electricity, natural gas, telephone service, or stormwater, an easement for sanitary sewer and water mains, television cable, electric wires, gas lines, telephone lines, stormwater facilities, 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. 656 BE IT FURTHER ORDAINED that closure of the subject right -of -way shall be subject to the following conditions: 1. The applicants shall meet all requirements needed for the completion of Comprehensive Plan 080036. Upon completion of said plan, the City will release the letter of credit with account number ending in "402." 2. The applicants shall complete the transactions necessary with Roselawn Realty Investment, LLC, to create the proposed parcels as shown on the preliminary plat dated June 25, 2015, attached to the application dated June 26, 2015. Such transaction(s) will result in Rockydale Quarries Corporation acquiring Official Tax Map Nos. 5370105 and 5370106, and Roselawn Realty Investment, LLC, or its designee, acquiring a portion of Official Tax Map No. 5370102 with frontage on Welcome Valley Road, S. W. BE IT FURTHER ORDAINED that the applicants 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 applicants shall, upon meeting all 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 applicants, 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 applicants 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 all of the above conditions have not been met within a period of two years 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. 657 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. - • C • ATTEST: Stephanie M. Moon Reynol , MM David A. owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 17' day of August, 2015. No. 40329-081715. AN ORDINANCE authorizing the City Manager to execute the appropriate documents for the vacation of an existing access easement held by the City across private real property owned by Roanoke River Investments, LLC ( "RRI "), designated as Roanoke Official Tax Map No. 4030306 ( "Property'), in exchange for the dedication of a new non - exclusive variable width access easement to the City across the Property, in connection with RRI's "The Bridges Development Project ", upon certain terms and conditions, and dispensing with the second reading of this ordinance by title. WHEREAS, the City acquired an access easement across the Property by Deed and Deed of Easement dated November 6, 2002 ( "Access Easement "), from the then owner of the Property, Electric Railway Company, for the purpose of providing access to the Roanoke River from City owned property designated as Official Tax Map Number 4030306R, in connection with the development, construction and maintenance by the City of the Roanoke River Flood Reduction Project; WHEREAS, RRI has requested the City to vacate the Access Easement in connection with the construction of RRI's "The Bridges Development Project'; WHEREAS, in exchange for the vacation by the City of the Access Easement, RRI desires to dedicate a new, non - exclusive variable width access easement to the City at a different location across the Property, for access to the Roanoke River; and WHEREAS, a public hearing was held on August 17, 2015, 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 vacation of the Access Easement. WOO NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. City Council hereby consents to the vacation of the Access Easement, and accepts the dedication by RRI of a new, non - exclusive variable width access easement across the Property, upon such terms and conditions as are more particularly described in the City Council Agenda Report dated August 17, 2015. 2. The City Manager is authorized to execute on behalf of the City of Roanoke, the appropriate documents providing for the vacation of the Access Easement, and the dedication to the City of a new variable width access easement across the Property to be used by the City in connection with the operation and maintenance of the Roanoke River Flood Reduction Project. All such documents shall be upon form approved by the City Attorney. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: � � J Stephanie M. Moon Reynolds, MMCCi City Clerk W Bowers Mayor 659 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8" day of September, 2015. No. 40330-090815. A RESOLUTION approving the acceptance of a Local Emergency Management Performance Grant (LEMPG) to the City from the Virginia Department of Emergency Management (VDEM) 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 approve the acceptance of a Local Emergency Management Performance Grant (LEMPG) from VDEM in an amount of $53,387.00, with a local match of $53,387.00, for the purposes of offsetting the operational cost of the City's Office of Emergency Management and paying a portion of the salary for the Emergency Management Coordinator, as more particularly described in the City Council Agenda Report dated September 8, 2015. 2. The Council does hereby authorize the City Manager's execution of any and all necessary grant documents required to accept the grant, such documents having been reviewed by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required by VDEM in connection with the application and /or acceptance of the foregoing grant. APPROVED ATTEST: YW Stephanie M. Moon eynold MC City Clerk David A oc' r� Mayor ME IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 81" day of September, 2015. No. 40331-090815. A RESOLUTION authorizing the acceptance of the FY 2016 Virginia Department of Transportation (VDOT) Primary Extension funding for the paving of Orange Avenue, N. W. (Route 460) from Gainsboro Road, N. W. to Williamson Road, N. W., Roanoke, Virginia; authorizing the City Manager to execute a Standard Project Administration Agreement and Appendix A documents with VDOT; and authorizing the City Manager to provide any additional information, execute any necessary additional documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned funds. BE IT RESOLVED by the Council of the City of Roanoke that 1. The City of Roanoke hereby accepts the FY 2016 VDOT Primary Extension funding in the amount of $200,000.00, which requires no local match, for the paving of Orange Avenue, N. W. (Route 460) from Gainsboro Road, N. W. to Williamson Road, N. W., Roanoke, Virginia, all as more particularly set forth in the City Council Agenda Report dated September 8, 2015. 2. The City Manager is hereby authorized to execute a Standard Project Administration Agreement and Appendix A documents for the paving of Orange Avenue (Route 460) from Gainsboro Road to Williamson Road, with VDOT, in a form substantially similar to the one attached to the City Council Agenda Report referred to above, and any other documents necessary to accept the above mentioned funds, such documents to be approved as to form by the City Attorney. 3. The City Manager is further authorized to provide any additional information, to execute any necessary additional documents, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer the VDOT funds mentioned above, any such additional documents to be approved as to form by the City Attorney. APPROVED ATTEST: Stephanie M. Moon Reyno edMC City Clerk David A. Bowers Mayor 10991 IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8`h day of September, 2015. No. 40332-090815. AN ORDINANCE to appropriate funding from Virginia Department of Transportation Primary Extension Funding for the Capital Street Paving FY16 project, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 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 Revenues VDOT Primary Ext Funds -Cap Paving FY16 08 -530- 9438 -9007 $ 200,000.00 08- 530 - 9438 -9439 200,000.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: C Stephanie M. Moon Reyno ds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8'h day of September, 2015. No. 40333 - 090815. AN ORDINANCE to appropriate funding from Virginia Department of Transportation for street maintenance projects, amending and reordaining certain sections of the 2015 - 2016 Capital Projects Fund Appropriations, and dispensing with the second reading by title of this ordinance. 662 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 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 Revenues VDOT Sidewalk Maintenance City -Wide 08 -530- 9793 -9007 $ 133,382.00 08- 530 - 9793 -9833 133, 382.00 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED (�AT�TESLT: \A 1�np Stephanie M. Moon Reynolds, C Davi . owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8" day of September, 2015. No. 40334-090815. A RESOLUTION authorizing the acceptance of funds from South Commonwealth Partners, LLC, for the construction of a sealed trash compactor enclosure to be located behind the former Fire Station #1, 13 Church Avenue, S. E., Roanoke, Virginia; and authorizing the City Manager to provide any information, execute any necessary documents, and to take any necessary actions to obtain, accept, receive, implement, use, and administer the above mentioned funds. BE IT RESOLVED by the Council of the City of Roanoke that- 1 . The City of Roanoke hereby accepts the South Commonwealth Partners, LLC, funding in the amount of $20,000.00, for the construction of a sealed trash compactor enclosure to be located behind the former Fire Station #1, 13 Church Avenue, S. E., Roanoke, Virginia, all as more particularly set forth in the City Council Agenda Report dated September 8, 2015. 663 2. The City Manager is authorized to provide any information, to execute any necessary documents, and to take any necessary actions in order to obtain, accept, receive, implement, use, and administer the funds mentioned above, any such documents to be approved as to form by the City Attorney. APPROVED ATTEST: 1 I� 716 - Stephanie M. Moon Reynolds, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 81" day of September, 2015. No. 40335-090815. AN ORDINANCE to appropriate funding from South Commonwealth Partners LLC and transfer from the Capital Improvement Reserve and 91" Street Over Roanoke River Bridge Renovation project to the Sealed Trash Compactor — Zone IV project, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Capital Projects Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Appropriated from General Revenue 08- 530 - 9525 -9003 $ ( 117,585.00 ) Appropriated from General Revenue 08- 530 - 9575 -9003 ( 22,415.00 ) Appropriated from General Revenue 08- 530 - 9585 -9003 140,000.00 Appropriated from Third Party 08 -530- 9585 -9004 20,000.00 Revenues South Commonwealth Partners — Trash Compactor Donation 08- 530 - 9585 -9585 20,000.00 ME Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: v� StepMoon hanie �� a.�..+...� Daviders City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8" day of September, 2015. No. 40336 - 090815. AN ORDINANCE amending and reordaining Section 14.1 -1, Definitions; Section 14.1 -15, General container requirements; Section 14.1 -17, Placement of brush bulk brush lawn rakings and bagged leaves for collection by the city; Section 14.1 -21, Certain solid waste not to be collected — Generally; Section 14.1 -23, Placement and collection of bulk items brush and bagged leaves, of Chapter 14.1, Solid Waste Management, of the Code of the City of Roanoke (1979), as amended, to provide for the implementation of single stream recycling and addressing other solid waste issues; providing for an effective date; and dispensing with the second reading of this Ordinance by title. BE IT ORDAINED by the Council of the City of Roanoke as follows: 1. Chapter 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. Automated collection container shall mean a container designated by the city manager which shall be used for automated and semi - automated collection service. Any such container shall be the property of the City. Bagged leaves shall mean leafy yard debris consisting of leaves resulting from ordinary yard maintenance contained inside a plastic a paper bag. 665 Bin shall mean any container which is twenty -two (22) gallons in size or less and which is issued by the City for the purpose of the collection of recyclables. Any such bin shall be the property of the City. Brush shall mean woody or leafy yard debris containing branches resulting from ordinary yard maintenance such as a tree, shrub or bush trimmings less than three (3) inches in diameter and less than four(4) six (6) feet in length. Bulk item shall mean any large item not placed within an automated collection container or individual refuse container, including but not limited to, a major household appliance, large rug, mattress, bed springs, or furniture. Bags and boxes containing refuse, lawn rakings, brush or loose leaves are not bulk items. Bulk - item -shall also include plastic garbage bag efolaeast4hirteeagallon capacity Av l,ms..,, s Rt-be secured agaiastSplllage- Recycling container shall mean a Gan or bin an automated collection container or bin which is provided by or through the city. or is- otherwise approved by the ^.tifnanager. A- reeyclingsentaner -shall not be larger than thiFly two (32 gallons- A recycling container shall not be larger than ninety -six (96) gallons, unless authorized by the city manager. Sec. 14.1 -15. General container requirements. (c) No recycling container, together with the recyclables therein, shall exceed sixty (60) pounds in weight for bins and 250 pounds for automated collection containers, except as otherwise authorized by the city manager. (e) Except in the central business district, each dwelling unit receiving automated collection service shall receive one (1) automated collection container to be used for refuse collection at no charge. The owner of a dwelling unit receiving automated collection service shall be responsible for the loss of the ewners_ automated collection container or the damage of the same due to the owner's negligence. Any such dwelling unit may be provided a second automated collection container to be used for refuse collection, M upon request by the owner of such unit, at a cost as set by city council in the fee compendium. In no case, except as provided in section 14.1- 15(h), shall any dwelling unit receive more than two (2) automated collection containers to be used for refuse collection. However, in the case of more than one dwelling unit, located on a single tax map number, no more than four (4) automated collection containers to be used for refuse collection shall be allowed at such location. Sec. 14.1-17. Placement of brush, bulk brush, lawn rakings and bagged leaves for collection by the city. (c) Lawn rakings. Except as otherwise provided for, lawn rakings placed for collection shall be placed in sealed bags and deposited in a plastic- garbage- bag -o' �n- gallery- sapaeity.whish must -b^ seGufed against - spillage an automated container. (d) Bagged leaves. Leaves gathered for disposal shall be placed in either an automated collection container at any time or placed in a paper bag of at least thi Flee nthirty (30)- gallon capacity, except -for thege weeks during leaf season in which the city manager has scheduled the removal and disposal of paper bags- , -durng -which time leaves -shalt p,eced- n- paper- a -e' �- cR capacity All bagged leaves must be secured against spillage. Sec. 14.1 -21. Certain solid waste not to be collected — Generally. (a) Acids, asphalt, automobile parts, brick, caustics, concrete, dead animals, earth, explosives or other dangerous materials, fire - damaged items, grease from nonresidential establishments, hazardous waste, heavy metal, loose leaves, manure, plate or large broken glass, poisons, rock, rubbish from construction, remodeling, razing and repair operations on houses, commercial buildings and other structures, sheet rock, stone, stumps, topsoil or trees shall not be placed out for collection by, and shall not be removed by, the city, and in no circumstances shall hazardous waste be put out for collection by any person. 667 (b) The above subsection notwithstanding, not more than two (2) automobile tires will be collected by the city from any residence or cemmerc all establishment per week. Such tires shall be taken off the rim, shall not be placed inside an automated collection container, and shall be placed at the curb in the same manner as collections pursuant to section 14.1 -23 of the City Code. (c) The above sections notwithstanding, no refuse, brush, bulk items, lawn rakings, food waste, plastic toys, scrap metal, plastic packaging, plastic bags or Styrofoam shall be placed into a recycling container for collection by any person. Sec. 14.1 -23. Placement and collection of bulk items, brush and bagged leaves. (a) The city will collect bulk items, brush, and bagged 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. 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 feer(4) feet w de, r^ r(-4} feet en nom' -Wggh -six (6) feet wide, six (6) feet long, and six (6) feet high and no smaller than four (4) feet wide, four (4) feet long, and four (4) feet high. No single branch placed for collection can be greater than fou (4; six (6) feet in length or three (3) inches in diameter (c) No more than she - (6) three(3) bulk items may be collected and removed at any one time. 1a- additien, -ae truck - leave€ brush may Gollectod and r ,,, ed at ^^��ne f me. Bagged leaves placed out for collection by the city during leaf season shall not be considered bulk items. The allowable number of paper bags collected during leaf season shall be determined by the city manager. wool 2. This ordinance shall be effective as of the date of its passage. 3. Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Rs� P Y David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 81" day of September, 2015. No. 40337 - 090815. AN ORDINANCE providing for the acquisition of real property rights needed by the City in connection with the Cove Road /Dansbury Drive 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 such other real property interests as needed, as set forth in the City Council Agenda Report dated September 8, 2015, for the Cove Road /Dansbury Drive Stormwater Drainage Improvements Project, in the general vicinity of the 3700 and 3800 Blocks of Cove Road, N. W., Roanoke, Virginia, and the 2000 Block of Dansbury Drive, N. W., Roanoke, Virginia, and surrounding streets. The proper City officials and City staff are hereby authorized to acquire by negotiation for the City the necessary real property interests and appropriate ancillary rights with respect to the real property parcel referred to in the above mentioned City Council 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, Me 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 Reynolds, M AC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 8" day of September, 2015. No. 40338 - 090815. AN ORDINANCE authorizing the conveyance of a forty (40) year non - exclusive gas line easement, with an approximate width of ten (10) feet, across City -owned property located at 25 Church Avenue, S. E., Roanoke, Virginia, designated as Official Tax Map No. 4015003, to Roanoke Gas Company, upon certain terms and conditions; and dispensing with the second reading by title of this Ordinance. BE IT ORDAINED by the Council of the City of Roanoke that: 1. The City Manager 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 gas line easement, with an approximate width of ten (10) feet, across City - owned property located at 25 Church Avenue, S. E., designated as Official Tax Map No. 4015003, to Roanoke Gas Company, to construct, install, operate, repair, and maintain a gas pipeline (with appliances and accessories useful and necessary in connection therewith) over, under, through and across its land, in order to supply service to the new Hampton Inn and Suites located at 25 Church Avenue, S. E., as more particularly set forth in the City Council Agenda Report dated September 8, 2015. 2. All documents necessary for this conveyance shall be in a form approved by the City Attorney. 670 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 Rey!ds, M David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 81" day of September, 2015. No. 40339 - 090815. A RESOLUTION reappointing a Director of the Economic Development Authority of the City of Roanoke, to fill a four (4) year term on the Board of Directors. WHEREAS, the Council is advised that the term of office of Linda D. Frith, a Director of the Economic Development Authority of the City of Roanoke, Virginia, will expire October 20, 2015; 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 Linda D. Frith, 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, 2015, and expiring October 20, 2019. APPROVED ATTEST: �� J Stephanie , d l eynol s, City Clerk David A. Bowers Mayor M IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40340-092115. A RESOLUTION authorizing acceptance of the FY2016 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 FY2016 Fire Programs Funds Grant in the amount of $307,532.00, with no local match, such Grant being more particularly described in the City Council Agenda Report dated September 21, 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 by the Department of Fire Programs in connection with the acceptance of the foregoing Grant. APPROVED ATTEST: S\M Moon Re Ids, C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40341-092115. AN ORDINANCE appropriating funding from the Commonwealth of Virginia Department of Fire Programs, amending and reordaining certain sections of the 2015 - 2016 Grant Fund Appropriations, and dispensing with the second reading by title of this ordinance. 672 BE IT ORDAINED by the Council of the City of Roanoke that the following sections of the 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Expendable Equipment <$5,000.00 Training and Development Wearing Apparel Recruiting Regional Fire Training Academy Revenues Fire Program FY16 35 -520- 3349 -2035 $ 80,000.00 35 -520- 3349 -2044 87,532.00 35- 520 - 3349 -2064 75,000.00 35- 520 - 3349 -2065 5,000.00 35 -520- 3349 -9073 60,000.00 35 -520- 3349 -3349 307,532.00 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 no s, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40342-092115. A RESOLUTION accepting the FY16 Bulletproof Vest Partnership Grant Award made to the City by the 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 FY16 Bulletproof Vest Partnership Grant Award by the Department of Justice, in the amount of $17,102.00 with no local match, upon all the terms, provisions and conditions relating to the receipt of such funds. Such grant being more fully described in the City Council Agenda Report dated September 21, 2015. O 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 3. The City Manager is further directed to furnish such additional information as may be required in connection with the City's acceptance of this grant. APPROVED ATTEST: 2 Stephanie M. Moon Reynolds, M C D d Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21s' day of September, 2015. No. 40343 - 092115. 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 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Wearing Apparel - Sheriff Wearing Apparel - Police Revenues Bulletproof Vest FY16 — Sheriff Bulletproof Vest FY16 — Police 35- 140 -5920 -2064 $ 3,311.00 35- 640 - 3803 -2064 13,791.00 35- 140 -5920 -5920 3,311.00 35- 640 - 3803 -3803 13, 791.00 674 Pursuant 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 Holds, MC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215 day of September, 2015, No. 40344-092115. A RESOLUTION authorizing the acceptance of the FY 2015 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 2015 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $40,172.00 to the Roanoke City Police Department to support its bicycle patrol program; and $26,782.00 to the Roanoke City Sheriff's Department for in car video systems. No local match is required from the City. Such grant being more particularly described in the City Council Agenda Report dated September 21, 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. 675 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: Stephanie M. Moon Rbynolds, I�IM D iBow. City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40345-092115. 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 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Sheriff - Other Equipment Police - Overtime Police - FICA Police - Expendable Equipment ( <$5,000.00) Police - Wearing Apparel Revenues Byrne /JAG Sheriff Technology Improve FY16 Byrne /JAG Police Bike Patrol FY16 35- 140 - 5918 -9015 $26,782.00 35- 640 - 3627 -1003 27,000.00 35- 640 - 3627 -1120 2,066.00 35- 640- 3627 -2035 1,106.00 35- 640 - 3627 -2064 10,000.00 35- 140 - 5918 -5918 26,782.00 35- 640 - 3627 -3627 40,172.00 676 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: k4L�,W Stephanie M. Moon Rey Ids, M DaV�A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA The 21" day of September, 2015. No. 40346 - 092115. A RESOLUTION authorizing the application and acceptance of the 2016 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Alcohol) 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 accepts the 2016 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Alcohol) Grant in the amount of $21,440.00, to be used for traffic enforcement targeting alcohol impaired drivers. This grant, which requires a $10,720.00 in -kind match and a voluntary cash match of $1,518.00 by the City, is more particularly described in the City Council Agenda Report dated September 21, 2015. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 677 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, M C David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40347 - 092115. 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 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35- 640 - 3482 -1003 $19,840.00 FICA 35- 640 - 3482 -1120 1,518.00 Training and Development 35- 640 - 3482 -2044 1,600.00 Revenues DMV Alcohol Enforcement FY16 - Grant 35- 640 - 3482 -3482 21,440.00 DMV Alcohol Enforcement FYI - Local 35- 640 - 3482 -3483 1,518.00 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: Stem n KeYFl�s� David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 "day of September, 2015, No. 40348-092115. A RESOLUTION authorizing the application and acceptance of the 2016 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Pedestrian Bicycle Safety) Grant to the City from the Virginia Department of Motor Vehicles, and authorizing execution of any required documentation on behalf of the City. BE IT RESOLVED by the Council of the City of Roanoke as follows- 1 . The City of Roanoke hereby accepts the 2016 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Pedestrian Bicycle Safety) Grant in the amount of $3,200.00, to be used for traffic enforcement targeting pedestrian bicycle safety. This grant, which requires a $1,600.00 in -kind match and a voluntary cash match of $245.00 by the City, is more particularly described in the City Council Agenda Report dated September 21, 2015. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. 679 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 ReynoldsNSC D owers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40349-092115. AN ORDINANCE to appropriate funding from the U.S. Department of Transportation through the Commonwealth of Virginia Department of Motor Vehicles for a pedestrian and bicycle traffic safety grant, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues DMV Pedestrian /Bike FY16 - Grant DMV Pedestrian /Bike FY16 - Local 35- 640 - 3488 -1003 $ 3,200.00 35- 640 - 3488 -1120 245.00 35- 640 - 3488 -3488 3,200.00 35- 640- 3488 -3489 245.00 .:1 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40350-092115. A RESOLUTION authorizing the application and acceptance of the 2016 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Speed) 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 accepts the 2016 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Speed) Grant in the amount of $13,440.00, to be used for traffic enforcement targeting drivers who are speeding. This grant, which requires a $6,720.00 in -kind match and a voluntary cash match of $1,029.00 by the City, such being more particularly described in the City Council Agenda Report dated September 21, 2015. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. •: 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon Reyno ds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 215 day of September, 2015. No. 40351- 092115. 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 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages FICA Revenues DMV Speed FY16 - Grant DMV Speed FY16 - Local 35- 640 - 3486 -1003 $13,440.00 35- 640 - 3486 -1120 1,029.00 35- 640 - 3486 -3486 13,440.00 35- 640 - 3486 -3487 1,029.00 ON Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Steph` ante M. Nloton`Rey noltls, MMC" David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21"day of September, 2015. No. 40352-092115. A RESOLUTION authorizing the application and acceptance of the 2016 Department of Motor Vehicles Traffic Safety (Selective Enforcement - 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 accepts the 2016 Department of Motor Vehicles Traffic Safety (Selective Enforcement - Occupant Protection) Grant in the amount of $11,200.00, to be used for traffic enforcement targeting occupant protection. This grant, which requires a $5,600.00 in -kind match and a voluntary cash match of $857.00 by the City, is more particularly described in the City Council Agenda Report dated September 21, 2015. 2. The City Manager and the City Clerk are hereby authorized to execute, seal, and attest, respectively, the grant agreement and all necessary documents required to accept the grant, all such documents to be approved as to form by the City Attorney. •: 3. The City Manager is further directed to furnish such additional information as may be required by the Virginia Department of Motor Vehicles, in connection with the application and acceptance of the foregoing grant. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21$' day of September, 2015. No. 40353-092115. 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 2015 - 2016 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 2015 - 2016 Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Overtime Wages 35- 640 - 3484 -1003 $11,200.00 FICA 35- 640 - 3484 -1120 857.00 Revenues DMV Occupant Protection FY16 - Grant 35- 640 - 3484 -3484 11,200.00 DMV Occupant Protection FY16 - Local 35- 640- 3484 -3485 857.00 Nee" Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: m-ro�Q Stephanie M. Moon Reyno ds, MM David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40354 - 092115. A RESOLUTION approving the 2014 - 15 HUD Consolidated Annual Performance and Evaluation Report (CAPER) regarding the United States Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) program; and authorizing the City Manager to submit the CAPER to HUD. WHEREAS, the City of Roanoke regularly receives HUD and CDBG grant monies each year to use in HUD funded community service programs; WHEREAS, HUD requires each locality receiving such funds to develop a Consolidated Annual Performance and Evaluation Report (CAPER) that includes a review of the specific community development and housing activities that were undertaken during the recently concluded program /fiscal year and identify the amount of funding that benefited low -to- moderate income persons; and WHEREAS, as described in the City Council Agenda Report dated September 21, 2015, the CAPER was made available to the public August 10, 2015 through September 10, 2015 for review and public comment, and a properly advertised public hearing was held on September 8, 2015 to receive public comments, and no comments were made. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Roanoke as follows: 1. City Council hereby approves the CAPER attached to the City Council Agenda Report dated September 21, 2015. •: 2. The City Manager is hereby authorized, for and on behalf of the City, to execute the CAPER, and to submit same to HUD by September 28, 2015. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21 st day of September, 2015. No. 40355- 092115. AN ORDINANCE to appropriate funding from the Federal Government and the Commonwealth for various educational programs, amending and reordaining certain sections of the 2015 - 2016 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 2015 - 2016 School Grant Fund Appropriations be, and the same are hereby, amended and reordained to read and provide as follows: Appropriations Testing and Evaluation Equipment Prof Other Prot Services Teachers Program Coordinator /Site Manager Activity Assistants Retiree Health Social Security VHS MedioaVDental Group Life Contracted Services Travel - Mileage Travel- Fares Travel - Meals & Lodging Pupil Transportation Supplies Teachers Program Coordinator /Site Manager Activity Assistants Retiree Health Social Security VRS 302 -170- 3000 - 1160 -312K- 61100- 45584 -3 -03 $ 11,269.00 302 -170- 3000- 1160 -312K- 61100- 46650 -3 -03 1,988.00 302 - 110- 1101- 1000 -137H- 61310 - 43313 -0 -01 8,600.00 302 -110 -1102- 0210 -158K- 61100 - 41121 -3 -05 33,090.00 302 - 110- 1102- 0210 -158K- 61100- 41124 -3 -05 30,543.00 302 -110 -1102- 0210 -158K- 61100 - 41141 -3 -05 46,693.00 302 -110 -1102- 0210 -158K- 61100- 42200 -3 -05 16.00 302 -110- 1102- 0210 -158K- 61100 - 42201 -3 -05 7,514.00 302 - 110 - 1102 - 0210 -158K- 61100- 42202 -3 -05 188.00 302- 110- 1102 - 0210 -158K- 61100- 42204 -3 -05 887.00 302- 110- 1102 - 0210 -158K- 61100- 42205 -3 -05 8.00 302- 110- 1102 - 0210 -158K- 61100- 43313 -3 -05 23,000.00 302 - 110 - 1102 - 0210 -158K- 61100- 45551 -3 -05 492.00 302 - 110 -1102- 0210 -158K- 61100- 45552 -3 -05 750.00 302 -110- 1102 - 0210 -158K- 61100- 45553 -3 -05 1,235.00 302- 110- 1102 - 0210 -158K- 63200 - 43343 -3 -05 25,000.00 302 - 110 - 1102 - 0210 -158K- 61100 - 46614 -3 -05 5,765.00 302- 110- 1102- 0340 -149K- 61100- 41121 -3 -05 26,472.00 302 -110- 1102 - 0340 -149K- 61100 - 41124 -3 -05 24,434.00 302 .110- 1102- 0340 -149K- 61100 - 41141 -3 -05 37,354.00 302- 110- 1102 - 0340 -149K- 61100- 42200 -3 -05 8.00 302 - 110 -1102- 0340 -149K- 61100- 42201 -3 -05 3,511.00 302 - 110 - 1102 - 0340 -149K- 61100- 42202 -3 -05 81.00 E Med1cal/Dental 302 -110- 1102- 0340 -149K- 61100- 42204 -3 -05 428.00 Group Life 302 - 110- 1102 - 0340 -149K- 61100 - 42205 -3 -05 4.00 Contracted Services 302 - 110 -1102- 0340 -149K- 61100 - 43313 -3 -05 15,000.00 Travel Mileage 302- 110 -1102- 0340 -149K- 61100- 45551 - 3 - 05 492.00 Travel- Fares 302- 110 -1102- 0340- 149K- 61100- 45552 -3 -05 750.00 Travel - MealsB Lodging 302- 110 - 1102 - 0340 -149K- 61100 - 45553 - 3 -OS 1,235.00 Pupil Transportation 302 -110- 1102 - 0340 -149K -63200 -43343 -3 -05 25,000.00 Supplies 302 -110- 1102 - 0340 -149K- 61100- 46614 -3 -05 5,915.00 Teachers 302- 110 - 1102 - 0280 -139K- 61100 - 41121 -3 -05 26,472.00 Program Coordinator /Site Manager 302- 110 -1102 - 0280 -139K- 61100- 41124 -3 -05 24,434.00 Activity Assistants 302- 110 -1102- 0280 -139K- 61100- 41141 -3 -05 37,354.00 Retiree Health 302 -110 - 1102 - 0280 -139K- 61100 - 42200-3-05 800 Social Security 302 -110- 1102 - 0280 -139K- 61100- 42201 -3 -05 3,511.00 VRS 302 - 110 - 1102 - 0280 -139K- 61100- 42202 -3 -05 81.00 MedicallDental 302 -110- 1102 - 0280 -139K- 61100- 42204 -3 -05 428.00 Group Life 302 - 110 - 1102 - 0280 -139K- 61100- 42205 -3 -05 4,00 Contracted Services 302- 110 -1102- 0280 -139K- 61100 - 43313 -3 -05 30,173.00 Travel - Mileage 302 -110- 1102 - 0280 -139K- 61100 - 45551 - 3 - 05 492.00 Travel - Fares 302 - 110 - 1102- 0280 -139K- 61100 - 45552 -3 -05 750.00 Travel - MealsB Lodging 302 - 110- 1102 - 0280 -139K- 61100 - 45553 -3 -OS 1,235.00 Pupil Transportation 302- 110 -1102- 0280 -139K- 63200- 43343 -3 -05 25,000.00 Supplies 302 - 110 -1102- 0280 -139K- 61100- 46614 -3 -OS 5,765.00 Teachers 302 -110 -1102- 0220 -148K- 61100- 41121 -3 -05 33,090.00 Program Coordinator /Site Manager 302 - 110 -1102 - 0220 - 148K - 61100 - 41124 - 3 - 05 30,543.00 Activity Assistants 302- 110 - 1102 - 0220 -148K- 61100- 41141 -3 -05 46,693.00 Retiree Health 302- 110 - 1102 - 0220 -148K- 61100- 42200- 3 -05 8.00 Social Security 302 - 110 -1102- 0220 -148K- 61100 - 42201 -3 -05 3,511.00 VRS 302 -110- 1102 -0220 -148K- 61100 - 42202 -3 -OS 81.00 Medical/Dental 302- 110 - 1102 - 0220 -148K- 61100- 42204 -3 -05 428.00 Group Life 302- 110 -1102- 0220 -148K- 61100- 42205-3 —05 4.00 Contracted Services 302 -110- 1102 - 0220 -148K- 61100 - 43313 - 3 -OS 17,729.00 Travel - Mileage 302 - 110 -1102- 0220 -148K- 61100- 45551 -3 -05 492.00 Travel - Fares 302 - 110 - 1102 -0220 -148K- 61100 - 45552 -3 -05 50.00 Travel - MeaISB Lodging 302 - 110- 1102 - 0220 -148K- 61100 - 45553-3 -OS 1,235.00 Pupil Transportation 302 - 110 -1102- 0220 -148K- 63200 - 43343 -3 -05 25,000.00 Supplies 302 -110- 1102 - 0220 -148K- 61100- 46614 -3 -05 5,765.00 Teachers 302- 110 -1102- 0300 -123K- 61100- 41121 -3 -05 33,090.00 Program COOrdinator/Sile Manager 302 - 110- 1102- 0300 -123K- 61100- 41124 -3 -05 30,543.00 Activity Assistants 302 -110- 1102- 0300 -123K- 61100- 41141 -3 -05 46,693.00 Retiree Health 302 -110- 1102 - 0300 -123K- 61100- 42200 -3 -05 13.00 Social Security 302 -110 -1102- 0300 -123K- 61100- 42201 -3 -05 5,731 VRS 302 - 110 - 1102 - 0300 -123K -611 p0 - 42202 - 3 -OS .00 1 133.00 Medical /Dental 302 -110- 1102 - 0300 -123K- 61100- 42204 -3 -05 702.00 Group Life 302 -110- 1102 - 0300 -123K- 61100 - 42205 - 3 - 05 3.00 Contracted Services 302 -110 -1102- 0300 -123K- 61100- 43313 -3 -05 25,978.00 Travel - Mileage 302- 110 - 1102 - 0300 -123K- 61100- 45551 -3 -05 49200 Travel - Fares 302 - 110- 1102 - 0300 -123K- 61100- 45552 -3 -05 750.00 Travel - Meals B Lodging 302- 110 - 1102- 0300 -123K- 61100- 45553 -3 -05 1,235.00 Pupil Transportation 302 - 110 - 1102 - 0300 -123K- 63200 - 43343 -3 -05 25,000.00 Supplies 302 - 110 - 1102 - 0300 -123K- 61100 - 46614-3-05 4,116.00 Teachers 302 - 110 -1102- 0420 -141K- 61100- 41124 -3 -05 33,090.00 Program Coordinator /Site Manager 302 - 110 -1102- 0420 -141K- 61100- 41124 -3 -OS 30,543.00 Activity Assistants 302 - 110 - 1102 - 0420 -141K- 61100- 41141 -3 -05 46,693.00 Retiree Health 302 -110- 1102 - 0420 -141 K, 61100- 42200 -3 -05 8.00 Social Security 302 - 110 - 1102 - 0420 -141K- 61100 - 42201 -3 -OS 3,511.00 VRS 302 - 110 - 1102 - 0420 -141K- 61100- 42202 -3 -05 81.00 Medical /Dental 302 -170- 1102- 0420 -141K- 61100 - 42204 -3 -05 428.00 Group Life 302- 110 - 1102 - 0420 -141K- 61100 - 42205 - 3 -05 4.00 Contracted Services 302 - 110 - 1102 - 0420 -141K- 61100. 43313 -3 -OS 25,918.00 .r NM Travel- Mileage 302 -110- 1102 - 0420 -141K- 61100- 45551 -3 -05 492.00 Travel -Fares 302 - 110 - 1102 - 0420 -141K- 61100- 45552 -3 -05 750.00 Travel - Meals &Lodging 302 - 110 - 1102 - 0420 -141K- 61100- 45553 -3 -05 1,235.00 Pupil Transportation 302 -110- 1102 - 0420 -141K- 63200- 43343 -3 -05 25,000.00 Supplies 302- 110 - 1102 - 0420 -141K- 61100 - 45614 -3 -05 3,192.00 Teachers 302 - 110- 1102 - 0430 -127K -61100 - 41121 -3 -05 33,090.00 Program CoordinatodSile Manager 302 -110 - 1102 - 0430 -127K 161100- 41124 -3 -05 30,543.00 Activity Assistants 302- 110 - 1102 - 0430 -127K 161100- 41141 -3 -05 46,693.00 Retiree Health 302- 110 - 1102 - 0430 -127K 161100- 42200 -3 -05 8.00 Social Security 302- 110- 1102 - 0430 -127K 161100- 42201 -3 -05 3,511.00 VRS 302- 110- 1102- 0430 -127K 161100- 42202 -3 -05 81.00 Medical/Dental 302 - 110- 1102 - 0430 -127K 161100- 42204 -3 -05 428.00 Group Life 302 - 110 -1102- 0430 -127K 161100- 42205 -3 -05 4.00 Contracted Services 302 - 110 -1102 -0430- 127K 161100- 43313 -3 -05 22,918.00 Travel - Mileage 302 - 110- 1102 - 0430 -127K 161100- 45551 -3 -05 492.00 Travel - Fares 302- 110- 1102-0430- 127K 161100- 45552 -3 -05 750.00 Travel - Meals &Lodging 302 - 110 - 1102 - 0430 -127K 161100- 45553 -3 -05 1,235.00 Pupil Transportation 302- 110- 1102- 0430- 127K 163200 - 43343 - 3 - 05 25,000.00 Supplies 302- 110- 1102- 0430 -127K 161100- 46614 -3 -05 3,912.00 Teachers 302- 110 - 1102 - 0350 -142K- 61100- 41121 -3 -05 33,091 Program Coordinator/Site Manager 302- 110- 1102 - 0350 -142K- 61100- 41124 -3 -05 30,543.00 Activity Assistants 302- 110 -1102- 0350 -142K- 61100- 41141 -3 -05 46,693.00 Retiree Health 302 -110 - 1102 - 0350 -142K- 61100- 42200 -3 -05 8.00 Social Security 302 -110- 1102 - 0350 -142K- 61100- 42201 -3 -05 3,511.00 VRS 302 -110- 1102 - 0350 -142K- 61100- 42202 -3 -05 81.00 MedicallDental 302- 110- 1102- 0350 -142K- 61100- 42204 -3 -05 428.00 Group Life 302 - 110 -1102- 0350 -142K- 61100 - 42205 -3 -05 4.00 Contracted Services 302 - 110- 1102 - 0350 -142K- 61100- 43313 -3 -05 25,918.00 Travel - Mileage 302 -110 -1102- 0350 -142K- 61100 - 45551 -3 -05 492.00 Travel- Fares 302 - 110 - 1102 - 0350 -142K- 61100- 45552 -3 -05 750.00 Travel - Meals &Lodging 302- 110- 1102- 0350 -142K- 61100- 45553 -3 -05 1,235.00 Pupil Transportation 302 - 110 - 1102 -0350-142K- 63200- 43343 -3 -05 25,000.00 Supplies 302 -110 - 1102 - 0350 -142K- 61100- 46614 -3 -05 3,192.00 Testing Fees 302 - 110- 0000- 1000 -107J- 61100- 45584 -3 -01 26,978.00 Revenues State Grant Receipts 302 - 000 - 0000 - 0000 -312K- 00000- 32349 -0 -00 $ 13,257.00 Federal Grant Receipts 302 - 000 -0000- 0000 -137H- 00000- 38365 -0 -00 8,600.00 Federal Grant Receipts 302 -000 -0000- 0210 -158K- 00000 - 38287 -0 -00 175,181.00 Federal Grant Receipts 302 - 000 - 0000 - 0340 -149K- 00000- 38287 -0 -00 140,684.00 Federal Grant Receipts 302-000-0000-0280-139K-00000-38287 - 0-00 155,707.00 Federal Grant Receipts 302 -000 -0000- 0220 -148K- 00000 - 38287 -0 -00 165,329.00 Federal Grant Receipts 302 -000- 0000 - 0300 -123K- 00000 - 38287 -0 -00 174,479.00 Federal Grant Receipts 302 - 000 -0000- 0420 -141K- 00000- 38287 -0 -00 170,945.00 Federal Grant Receipts 302 - 000 -0000 - 0220 -127K- 00000- 38287 -0 -00 168,665.00 Federal Grant Receipts 302 - 000 -0000- 0220 -142K- 00000- 38287 -0 -00 170,945.00 Federal Grant Receipts 302- 000 -0000- 0000 -107J- 00000- 38330 -0 -00 26,978.00 M906 .1 Pursuant to the provisions of Section 12 of the City Charter, the second reading of this ordinance by title is hereby dispensed with. APPROVED ATTEST: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor IN THE COUNCIL OF THE CITY OF ROANOKE, VIRGINIA, The 21" day of September, 2015. No. 40356-092115. 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 2015 Annual Conference scheduled for October 4 - 6, 2015, 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 William Bestpitch 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 2015 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: Stephanie M. Moon Reynolds, MMC David A. Bowers City Clerk Mayor